Yes. If the roadway was defective due to the negligence of another, then you can make a claim and recovery for that. For example, let’s say that the county municipality is responsible for the roads, and they designed the road in a way that a pothole develops, and they do not fill the pothole in a reasonably timely manner. Then you may make a claim against the county municipality for that defect.
Now, one thing that you should keep in mind is that, in Florida, most claims must be brought within four years, but if you have a claim against a government entity, like a local municipality, or a county municipality, you have to make a notice of claim within three years. Because these time requirements can be complex, we do recommend that you contact an experienced attorney who can help guide you through this process.