Understanding Government Liability at Fort Lauderdale-Hollywood International Airport

Key Takeaways:Yes, Florida’s sovereign immunity cap applies to injuries at Fort Lauderdale-Hollywood International Airport because Broward County operates the facility. Under section 768.28, Florida Statutes, you can pursue a negligence claim against the county, but recovery is capped at $200,000 per person and $300,000 per incident. Amounts above the cap require a discretionary legislative claim bill. The statute excludes punitive damages and pre-judgment interest, and excess insurance doesn’t expand county liability. Before suing, you must present written pre-suit notice within three years to the county, and file suit within four years (two years for wrongful death). You must prove traditional negligence elements, duty, breach, causation, and damages, making early evidence preservation critical. If a private vendor, airline, or contractor caused the harm, different rules and non-capped liability may apply.

Yes, Florida’s sovereign immunity cap generally applies to injuries at Fort Lauderdale-Hollywood International Airport because Broward County operates the facility. If you slipped on a wet terminal floor, were hurt on a moving walkway, or injured in an on-airport shuttle collision, your claim likely falls under Florida’s limited waiver of sovereign immunity. You can pursue compensation, but the amount you recover and the procedures you must follow are shaped by statute rather than ordinary premises liability rules.

If you were hurt at the airport, the team at Chalik & Chalik Injury Lawyers is ready to help. Call us at 954-476-1000 or reach out through our online case review request to discuss your claim and applicable deadlines.

What Section 768.28 Means for Injured Travelers

Florida law allows lawsuits against the government, but only within defined boundaries. Section 768.28, Florida Statutes, governs when and how the state and its subdivisions can be sued in tort. Because the airport is county-operated, this statute controls most airport injury claim Fort Lauderdale residents and visitors may bring.

The Limited Waiver of Sovereign Immunity

Sovereign immunity historically shielded governments from lawsuits, but Florida partially relaxed that protection. Under Fla. Stat. §768.28(1), the state and its agencies or subdivisions "waive sovereign immunity for liability for torts, but only to the extent specified in this act." This partial waiver enables suing the government Florida for airport negligence while preserving statutory protections for public entities. A negligence claim against a government airport operator is treated differently than one against a private business.

Who Counts as a Government Subdivision

The statute expressly extends immunity protections to counties and municipalities. Under §768.28(2), "state agencies or subdivisions" include counties, municipalities, and corporations acting primarily as state instrumentalities. For a Broward County airport injury, this matters because Broward County operates Fort Lauderdale-Hollywood International Airport. When a private vendor, airline, or contractor causes harm, different rules may apply, and multiple parties could share responsibility.

💡 Pro Tip: Identify every potential defendant early. A food-court tenant, cleaning contractor, or shuttle company may carry its own insurance and might not enjoy the same statutory caps that protect the county.

How the 768.28 Sovereign Immunity Damage Caps Work

Recovery against a government entity is statutorily capped. The 768.28 sovereign immunity damage caps limit recovery to $200,000 per person and $300,000 per incident, regardless of injury severity. Under Fla. Stat. §768.28(5), neither the state nor its subdivisions can be liable for claims by any one person exceeding $200,000, or claims from a single incident exceeding $300,000. You can review the older $100,000/$200,000 limits in the 2010 version of the statute.

Amounts above the cap aren’t automatically lost, but they’re difficult to collect. Judgments exceeding statutory limits may be paid only through a legislative claim bill, requiring further legislative action. This process is discretionary, slow, and never guaranteed, so plaintiffs shouldn’t assume excess damages will be recovered.

The statute also narrows available damages categories. Under §768.28(5), government liability "shall not include punitive damages or interest for the period before judgment." Importantly, a government entity buying insurance above these limits doesn’t change the outcome. The statute provides that obtaining excess coverage doesn’t waive immunity or increase liability beyond statutory caps.

Feature	How It Applies to Airport Injury Claims
Per-person cap	$200,000 under §768.28(5)
Per-incident cap	$300,000 under §768.28(5)
Excess recovery	Possible only by legislative claim bill
Punitive damages	Excluded under §768.28(5)
Pre-judgment interest	Excluded under §768.28(5)

For deeper insight into how these limits evolved, our overview of the current Florida sovereign immunity limits breaks down the figures and their practical impact.

Pre-Suit Notice and Filing Deadlines You Cannot Ignore

Before suing a government airport operator, you must satisfy a strict written-notice requirement. This is a condition precedent, missing it can bar an otherwise valid claim. Unlike ordinary premises cases against private businesses, a Broward County claim carries added procedural hurdles requiring careful attention.

The Written Notice Requirement

Florida law requires written claims to the appropriate agency before filing suit. Under §768.28(6)(a), "an action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency." For Broward County claims, written notice must be provided to Broward County (the appropriate agency) within three years after the claim accrues. Because counties are expressly exempted from the Department of Financial Services notice requirement under §768.28(6)(a), no separate written notice to the Florida Department of Financial Services is required. Under §768.28(6), you generally cannot file suit until the agency makes a final disposition or six months pass without one. The 90-day shortened waiting period applies specifically to medical malpractice and wrongful death actions. Review the full notice provision in Florida’s sovereign immunity statute.

A separate deadline governs when the lawsuit must be filed. Under §768.28(14), tort claims are forever barred unless filed within four years after accrual, and within two years for wrongful death. These are distinct obligations, courts interpret exceptions narrowly, and prompt action is the safest approach.

Common deadline pitfalls include:

Confusing the notice requirement with the lawsuit deadline
Sending notice to the wrong agency
Waiting to gather evidence until deadlines approach
Assuming an insurer’s involvement pauses statutory clocks

Proving Negligence in an Airport Injury Claim

Even within the sovereign immunity framework, you must prove traditional negligence elements: duty, breach, causation, and damages, just as in any Fort Lauderdale premises liability case. The county’s government status affects caps and procedures but doesn’t lower your burden of proof.

Evidence disappears quickly in busy terminal environments. Security video may be overwritten, wet-floor conditions cleaned, and witnesses scatter. Requesting incident reports, 911 records, medical documentation, and surveillance footage early can make a meaningful difference. An airport negligence claim may also benefit from professionals who can reconstruct how a hazard developed or explain applicable safety standards.

💡 Pro Tip: Photograph the hazard and your injuries at the scene if you safely can, and ask a companion or bystander for contact information before leaving the terminal.

These claims blend statutory limits with fact-intensive negligence questions. A skilled Fort Lauderdale airport accident lawyer can evaluate whether the county, a contractor, an airline, or multiple parties share responsibility. Every case should be assessed on its own facts.

Frequently Asked Questions

Does the damage cap apply if the airport had extra insurance?

Yes. Under §768.28, a government entity obtaining insurance above statutory limits isn’t deemed to have waived immunity or increased its liability beyond the caps. A larger policy doesn’t automatically expand recoverable amounts.

Can I recover more than $300,000 for a serious airport injury?

Possibly, but not easily. Amounts above the caps may be paid only through a legislative claim bill, requiring Florida Legislature action. This process is discretionary and not guaranteed.

How long do I have to file an airport injury claim in Fort Lauderdale?

Two deadlines apply. Written notice must generally be presented within three years under §768.28(6)(a) to Broward County (the appropriate agency). The lawsuit must typically be filed within four years under §768.28(14), or two years for wrongful death. Courts interpret exceptions narrowly.

Are punitive damages available against the county?

No. Under §768.28(5), government tort liability excludes punitive damages and pre-judgment interest. Recoverable damages focus on compensatory losses like medical bills, lost income, and pain and suffering, subject to caps.

What if a private contractor caused my injury instead of the county?

The analysis may change. A private vendor, airline, or contractor may not enjoy the same statutory caps protecting Broward County. Identifying the correct defendant early can significantly affect your claim’s value and strategy.

Protecting Your Rights After an Airport Injury

Sovereign immunity doesn’t close the courthouse door, but reshapes how airport injury claims proceed. Section 768.28 permits negligence suits against Broward County while limiting recovery to $200,000 per person and $300,000 per incident, excluding punitive damages, and requiring written pre-suit notice within strict deadlines. Understanding these rules early helps preserve evidence, meet timelines, and avoid procedural traps that could end a valid claim.

If you or a loved one suffered an airport injury, don’t wait to protect your rights under the 768.28 sovereign immunity damage caps. Contact Chalik & Chalik Injury Lawyers today by calling 954-476-1000 or submitting a free consultation request to review your situation and learn next steps.