Fort Myers Slip and Fall Accident Attorneys

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.

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.

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.

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.

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.

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