Cape Coral Lawyers Helping People Hurt in Ramp Accidents
Generally, property owners will install ramps to make it easier for people to go in and out of their premises. If ramps are not properly constructed or maintained, though, it can lead to dangerous conditions that cause harmful accidents. Property owners have an obligation to ensure their premises are safe for all lawful visitors, and if they do not, they can be held legally accountable for any damages caused by their carelessness. If you were injured in a ramp accident, you have the right to seek compensation from the party responsible for your harm, and it is in your best interest to speak to an attorney. The dedicated Cape Coral premises lawyers of Lusk, Drasites & Tolisano, P.A. take pride in helping people injured by the negligence of others seek justice for their losses, and if you hire us, we will advocate aggressively on your behalf. We frequently represent people in lawsuits arising from ramp accidents in Cape Coral and Fort Myers, and Naples.
Florida’s Laws Regarding Ramps
The accessibility requirements of the Americans with Disabilities Act of 1990 (ADA) were incorporated into Florida Law by Florida’s Accessibility Code for Building Construction (the Code). Among other things, the Code establishes the specifications ramps must comply with to accommodate parties with disabilities. For example, all ramps must have a landing at the top and bottom, and their surfaces must be slip-resistant, firm, and stable. The slope of ramps must fall within defined limits as well. Some businesses are not required to comply with the Code, however.
Florida adopted the Code to ensure safe access to public places and private businesses for people with disabilities, and ramps that do not comply with the Code provisions may be dangerous for people with trouble walking. Further, even if a person does not have mobility issues, if they encounter a ramp that is slippery, unreasonably steep, or in a state of disrepair, they may slip or trip and fall.
Liability for Ramp Accidents
People injured in ramp accidents may be able to recover damages from the property owner responsible for installing or maintaining the ramp. Generally, a plaintiff in a lawsuit arising from a ramp accident will allege that the defendant was negligent. In Florida, negligence is comprised of a duty, a breach of the duty, causation, and harm. A plaintiff must prove each element of negligence to recover damages. In other words, they must show that the defendant breached a duty owed to the plaintiff, causing the plaintiff to suffer measurable losses.
Under Florida law, the duty imposed on property owners is to maintain their property in a reasonably safe condition for all legal entrants. Among other things, this means that property owners must mitigate any dangerous conditions. They must also warn visitors of hazards that they are unlikely to discover independently. As such, for a defendant to be liable for harm caused by a ramp accident, the plaintiff generally must prove that the defendant failed to exercise due care in the construction, maintenance, or repair of the ramp. Usually, this means that the plaintiff must establish that the defendant was aware or reasonably should have been aware of the dangerous condition that led to the plaintiff’s harm and had the ability to remedy the condition but failed to do so.
Speak to a Trusted Florida Lawyer Today
Ramps are designed to provide increased access to properties while reducing the risk of harm, but design flaws and a lack of maintenance can result in dangerous conditions that ultimately lead to harmful incidents. If you sustained injuries in a ramp accident, it is smart to speak to an attorney about your potential claims. At Lusk, Drasites & Tolisano, P.A., our trusted Cape Coral lawyers can advise you of your rights and help you in your pursuit of the full amount of damages available under the law. We regularly represent people in premises liability claims from our offices in Cape Coral, Fort Myers, and Naples.
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