Slip and Fall Accidents
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 has been hurt in a slip and fall accident, the property owner may be liable for the resulting harm. At Lusk, Drasites & Tolisano, our premises liability lawyers have helped many individuals in the Fort Myers area pursue personal injury claims. We can assess the details of your case and guide you through the legal process.Pursuing Compensation from a Negligent Property Owner
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. For example, 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.
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, or social guests. 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.
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, known as the statute of limitations, so victims should not delay in taking legal action once they know that they have been hurt.Explore Your Options with a Naples Lawyer after a Slip and Fall
At Lusk, Drasites & Tolisano, our injury attorneys represent people from Naples and the surrounding cities in claims arising from accidents on someone else’s property. We understand the many factors that may need to be taken into consideration when pursuing this type of claim. We proudly represent individuals throughout Collier and Lee Counties, including in Lehigh Acres, Cape Coral, and Port Charlotte. You can call us toll-free at (800) 283-7442 or contact us through our online form to arrange a free consultation.