Each year, a number of people in Florida and throughout the United States sustain serious and often long-term harm through slip and fall accidents. Property owners have a responsibility to keep their premises in safe condition to make sure that those who enter them are not unnecessarily injured.
If you or a loved one have been hurt in a slip and fall accident, the property owner may be liable for the resulting harm. Our slip and fall lawyers have helped many individuals pursue personal injury claims. We can assess the details of your case and guide you through the legal process.
What is Premises Liability?
Property owners and occupiers have a legal obligation to make sure their premises are in reasonably safe condition. This obligation exists for business owners, schools, government entities, and residential owners.
Generally, they are responsible for ensuring that their property is free from hazardous conditions, and for making sure that the general public is aware of any dangers that may exist. These may include wet floors, inadequate lighting, cracks or holes in floors, broken stairs or steps, unmaintained sidewalks, and more.
A premises liability claim may arise when a property owner is negligent. Under Florida law, an accident victim has the burden of proving that his or her injury occurred as a result of the defendant’s negligence. This is the failure to take proper care in doing something, which leads to harm to someone else.
Example of a Slip and Fall Accident
A store exercising reasonable care would erect a “wet floor” sign after the floor has been mopped to alert customers of the potential hazard. If a store failed to display such a sign, and a customer fell and sustained injuries, the store likely would be liable because it failed to exercise reasonable care by not alerting the customer in some way. Our slip and fall lawyers can help prove your case so you can get the compensation you deserve.
Filing a Premises Liability Claim
To prevail on a premises liability claim, an injured person generally must be lawfully on the property where the accident happened. The most common types of legal visitors are people who are on the premises for a commercial purpose, such as store customers and restaurant patrons.
Property owners have an obligation to repair or warn of any hazards that they know or should know about and that could pose a foreseeable risk of harm to a visitor. A property owner usually needs only to avoid inflicting deliberate harm on a trespasser, although there are some exceptions involving children.
Damages for Slip and Fall Accidents
If liability is established, an injured person can typically recover compensation for medical bills, lost wages and benefits, pain and suffering, rehabilitation costs, and any other expenses arising from the accident. There is a restricted time period for filing a claim after a slip and fall, known as the statute of limitations. Victims should not delay in taking legal action once they know that they have been hurt after slip and fall accidents.
Our Legal Team
At Lusk, Drasites, & Tolisano, our slip and fall attorneys represent people in claims arising from accidents on someone else’s property. Our injury attorneys understand the many factors that may need to be taken into consideration when pursuing this type of personal injury claim. We proudly represent individuals near Cape Coral, Fort Myers, and Naples. To request your free legal consultation with one of our Florida slip and fall attorneys, call us toll free at (800) 283-7442.