Cape Coral Slip & Fall Accident Attorneys

Helping Clients Seek Compensation for Slip & Fall Injuries Across Florida

Each year, several people in Florida and throughout the United States sustain severe and often long-term harm through slip and fall accidents. Property owners are responsible for keeping their premises in safe condition to ensure 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. At Lusk, Drasites & Tolisano, we help victims of slip and fall accidents in Cape Coral navigate the legal process to pursue the compensation they deserve.

Call Lusk, Drasites & Tolisano today at (239) 908-4930 or contact us online to schedule a meeting with our slip and fall lawyers in Cape Coral!

What Is Premises Liability?

Property owners and occupiers have a legal obligation to ensure that their premises are in reasonably safe condition. This obligation applies to business owners, schools, government entities, and residential owners.

Generally, they are responsible for ensuring that their property is free from hazardous conditions and that the general public is aware of any potential dangers. 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 must prove that his or her injury occurred due to the defendant's negligence. This is the failure to take proper care in doing something that harms someone else.

Common Causes of Slip & Fall Accidents

Slip and fall accidents can occur anywhere and at any time, often catching victims off guard. Many incidents are the result of property owners failing to address hazardous conditions. Frequent causes of slip and fall accidents include:

• Wet or slippery floors: Spills, leaks, or freshly cleaned surfaces often create dangerous walking conditions.
• Uneven surfaces: Loose carpeting, wrinkled rugs, or broken tiles can become tripping hazards.
• Poor lighting: Inadequate lighting in stairwells, parking lots, or corridors can obscure obstacles or changes in elevation.
• Cluttered walkways: Cords, debris, or items left out can obstruct paths, increasing the risk of falls.
• Defective stairs or railings: Broken or missing handrails, wobbly steps, or misaligned stair treads can result in serious injuries.
• Weather-related hazards: Rain, tropical storms, or standing water that isn’t promptly addressed can leave surfaces slick and dangerous, particularly in Cape Coral’s climate.
• Unmarked hazards: Failing to warn of wet floors, ongoing repairs, or maintenance can easily cause slips and falls.

Our team thoroughly examines the details of your incident to determine if the property owner’s negligence played a role.

What Damages Can Be Recovered in a Slip & Fall Accident Claim?

Recovering from a slip and fall accident often involves various financial and personal challenges. Seeking compensation can help address these issues. Potential damages include:

• Medical costs: Coverage for expenses such as hospital bills, surgeries, physical therapy, and medication.  
• Lost Income: Compensation for wages you missed while recovering from your injuries.
• Physical and Emotional Distress: Payment for the physical pain and emotional distress caused by the accident.
• Reduced Earning Capacity: If your injuries impair your ability to earn income in the future, you might be entitled to compensation for the income you are expected to lose.
• Out-of-pocket costs: Reimbursement for additional expenses related to your injuries, such as travel to medical appointments or necessary home modifications.  

The amount of damages you can recover depends on the details of your case and the extent of your injuries.

What Is the Statute of Limitations for a Slip & Fall Accident Claim in Florida?

In Florida, you generally have two years from the slip and fall incident date to file a claim. Missing this deadline could result in losing your chance to seek compensation. However, some exceptions can alter this period, such as accidents involving government entities or claims involving minor victims. It's crucial to seek legal advice promptly to ensure your claim is filed within the time limits.

How to File a Premises Liability Claim

To successfully pursue a premises liability claim, several important criteria must be satisfied:

• Lawful presence: You must have been lawfully on the property at the time of your injury. Common lawful visitors include:
  • Customers: Individuals present in stores, restaurants, or other businesses open to the public.
  • Guests: People invited by the property owner for social, business, or community events.
• Owner’s duty: Property owners are required to resolve or warn about dangers they know or should know exist. This obligation includes:
  • Repairing hazards: Promptly fixing unsafe conditions that could cause injury.
  • Providing warnings: Clearly alerting visitors to known risks through proper signage or communication.
• Trespassers: Generally, a lower duty of care is owed to trespassers. Exceptions may exist for cases involving children, especially if a property has attractive or dangerous features that might attract them.
  • Children: Heightened care is required for young children who may access the property, particularly where hazards could be enticing or pose serious risk.

Understanding these elements can help determine whether a premises liability claim is viable and how to seek compensation.  

Frequently Asked Questions

How Does Comparative Negligence Affect Slip & Fall Cases?

Comparative negligence can significantly impact your slip and fall claim in Cape Coral. Under Florida’s modified comparative negligence law, if you are partially at fault for your accident—for example, if you ignored a posted warning or overlooked an obvious hazard—your compensation may be reduced by your percentage of fault. As long as your share of responsibility is less than 50%, you can still recover damages, although the amount will be adjusted accordingly. Our slip and fall attorneys in Cape Coral work diligently to minimize blame assigned to injury victims and build compelling evidence showing property owner liability. Navigating comparative negligence law in Lee County courts requires in-depth knowledge of local procedures. Our legal team guides you through every step to maximize your recovery.

What Evidence Should I Gather After a Slip & Fall Accident?

Collecting strong evidence after a slip and fall is vital to supporting your claim with a slip and fall attorney in Cape Coral. It’s important to take detailed photographs of the scene, the specific hazard that caused your fall, your injuries, and the general surroundings. Secure a copy of the property owner’s accident report, keep all medical bills and records, and request statements from any eyewitnesses. Additional helpful documentation may include video surveillance footage, receipts showing your presence on the property, and correspondence with the property manager or insurer. Local legal standards often require specific types of evidence, so partnering with Lusk, Drasites & Tolisano ensures nothing is overlooked during your pursuit of compensation.

Why Is It Important to Contact a Slip & Fall Attorney Quickly After My Accident?

Contacting a slip and fall lawyer in Cape Coral quickly protects your legal rights and your ability to gather critical evidence. When you delay, property owners may repair hazards, evidence can disappear, and witnesses’ memories may fade. Florida’s statute of limitations is strict, and missing deadlines can prevent you from filing a claim or receiving any compensation. Our slip and fall attorneys act promptly to investigate, obtain official reports, organize medical documentation, and communicate with insurance adjusters, ensuring that nothing is left to chance. Timely legal support from Lusk, Drasites & Tolisano positions you for the best possible outcome after a slip and fall injury in Cape Coral.

Contact Our Cape Coral Slip & Fall Accident Lawyers Today

Slip and fall accidents can have significant effects on your health, causing both physical injuries and emotional and financial strain. Property owners must maintain safe conditions on their premises; they may be held accountable if they fail in this responsibility. If you’ve been injured in a slip and fall in Cape Coral, taking prompt action is crucial to protecting your legal rights and pursuing the compensation you deserve. Contact Lusk, Drasites & Tolisano for skilled assistance and support with your slip and fall accident claim. 

Contact Lusk, Drasites & Tolisano today to schedule a meeting with our Cape Coral slip & fall lawyers!