Fort Myers Slip and Fall Accident Attorneys

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Slip and fall accidents signify a set of liability laws that govern cases where an individual may have fallen on the ground and, therefore, suffered harm because of unsafe conditions. Of course, this can only be true if the victim fell on someone else's property.

Slip and fall cases are a subpart of personal injury law, and the same basic rules of negligence will apply each time. Unless this accident occurred over federal government properties, state laws would be applicable. Additionally, any violation of building code ordinances can be referred to here.

Florida's Slip and Fall Statute Of Limitations

In Florida, victims of a slip and fall accident are required to file their lawsuits against property owners within 4 years after the incident. This deadline can be found in Florida Statutes Section 95.11(3)(a), and this deadline applies to most personal injury cases.

Premise Liability in Fort Myers Slip and Fall Cases

Property owners in Fort Myers are legally bound to provide a safe and secure environment for anyone who accesses their property. This part of the law is known as premises liability, and it applies to business owners and owners of apartments, homes and any other building or public area, including but not limited to, parking lots.

Settlements Aren't Always in Your Best Interest

The mere fact that you experienced a fall and a few serious injuries doesn't necessarily mean that your claim will be successful. Pre-trial, your slip and fall accident lawyer should have gathered ample evidence about the store's negligence.

Claim adjusters or attorneys should also be able to recognize the fact that odds of winning any trial are initially pretty slim. This is why the early involvement of an experienced personal injury lawyer could help you strengthen your case by collecting all the necessary evidence required to win.

Additionally, cases that may seem initially favorable for the victim can often be derailed as soon as their own conduct is analyzed. The accused in slip and fall accident cases commonly raise an issue called 'comparative fault'. Also known as 'contributory negligence', the basic idea behind this is to prove that the victim was careless enough to not avoid danger, and are therefore entitled to some of the blame.

In order to avoid such a defense, victims of slip and fall accidents should retain a lawyer before speaking to anyone else about the incident.

What We Do for You

Unless your case mimics those rare cases where the defendant is being tried for intentional conduct, a slip and fall case will require plaintiffs to prove negligence. When we say negligence, we mean exactly how the defendant failed in acting reasonably, therefore, leading to your circumstances.

For example, it is reasonable for a store clerk to clearly place warning signs on the floor they mopped-over recently. If this hasn't been done, customers will slip on the wet floor, and therefore a slip and fall attorney will hold the store liable for negligence.

Whether the store owner or their employees acted negligently will depend on what they know or what they were instructed to do. Commonly, in slip and fall accidents, the defendants have little or no knowledge about dangerous conditions and this will, therefore, have to be proven in a court of law.

You, or any other plaintiff, will be entitled to find out whether the accused knew about safety procedures, which in legal terms, is also known as discovery. During discovery, the accused can be forced to submit maintenance records, surveillance videos, repair and other such items that could help make your case stronger.
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Slip and Fall Causes

Despite its reference to the word 'slip', these areas of law cover all accidents that may result from a victim experiencing hazardous underfoot conditions. This includes twisting, overextension or stumbles, among other similar movements.

Direct causes of such accidents can include:
  • Potholes
  • Uneven steps
  • Broken floor tiles
  • Snow or ice
  • Objects on staircases
  • Cracked sidewalks
  • Spilled food or liquids

Indirect causes of slip and fall accidents include:
  • Missing handrails
  • Dim lighting

Design Defects and Trip and Falls

Property owners, such as hotel owners, have the responsibility to uphold and maintain safety along all walkways while eliminating dangerous conditions. Uneven or cracked flooring, worn carpeting and wet floors can easily cause slip and fall accidents. These accidents are typically a lot more dangerous around pool areas, because guests could hit their head on hard concrete and may suffer traumatic brain injuries.

Grocery stores in Florida such as Wal-Mart, Costco, Winn Dixie and Publix tend to attract hundreds of thousands of shoppers on a daily basis. For each of these shoppers, these grocery stores have the responsibility of maintaining the aisle and floors so they remain in good condition.

Fort Myers slip and fall accident attorneys know that, far too often, these businesses completely ignore such duties. When these breaches actually result in a trip and fall that lands shoppers in the E.R, there may be considerable grounds for the victim and their families to file a personal injury claim and ask for compensation against their damages.

Common injuries

  • Head injuries
  • Hip fractures
  • Spinal cord injuries
  • Shoulder injuries
  • Other sprains and fractures

Steps to Take After a Slip and Fall

With the help of your slip and accident lawyer, it is your responsibility as the victim or the victim's relative to gather sworn testimonies for the incident. You shouldn't have to wait until the actual trial to learn exactly what your witnesses will say.

For this reason, you and your lawyer can gather depositions (recorded interviews) to make your case stronger. You may also issue subpoenas to the accused (and other parties) so they show up and record their depositions at your attorney's office.

Deposition testimonies are crucial for the outcome of most negligence cases. By securing such evidence in the early stages of litigation, the victim and the defendant will have a good understanding of all the circumstances that led up to the accident and the degree of fault that will be attributed to each party.

After taking into account the severity and costs of injury, both parties can then start determining what their case is worth and what settlement negotiations they can look forward to.

Calculate Compensation (Recoverable Damages for a Slip and Fall Case)

The compensation from slip and fall cases, also known as 'special damages', are theoretically supposed to make the victim feel whole again. In simpler terms, these recoverable damages give you back something you lost as a result of the incident.

Lost Wages

Hospitalized victims may have to take sick leaves from their work or might potentially lose earnings in the future because of their injuries.

Medical Expenses

Compensations include pharmacy, physician and hospital bills that address current injuries and costs of future medical procedures as well.

You can try to estimate your recoverable damages by using our online calculator on our website.

Holding the Negligent Party Liable

At the outset of slip and fall lawsuits, the responsible parties should be identified. Even though the fault can easily be traced to individual employees or even tenants (who may have caused the hazard), there can always be additional parties who may be owners or responsible for control in the accident site.

These individuals typically include the owners of the property, landlords, business owners or perhaps even the property manager. In the majority of slip and fall cases, these parties will be charged with the liability of insuring their property.

Special considerations may arise in a slip and fall case when the accident occurs over public property. You see, historically, locals were completely barred from filing a lawsuit against their governments for negligence. In modern times, however, the statute amended this rule and now the government's sovereign immunity can be sued in some limited circumstances.

If an injury qualifies, the victim and their slip and fall attorneys should comply with strict notice of time limits and requirements.

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Do Not Wait to Contact SOS Accident Fort Myers Slip and Fall Attorneys

If you were injured or lost a loved one due to the negligence of property owners, our Fort Myers slip and fall accident attorneys will be more than willing to assist you in receiving compensation for your losses.

After you or your loved ones receive medical attention, be sure to contact a SOS Accident right away.
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