You may be unsure whether your slip and fall incident qualifies for compensation or what measures to take after being injured at someone else’s home or business. The truth is that premise liability suits can be complicated, so you are not alone.
If you were injured in a slip and fall accident and need legal guidance on whether you can sue, our Cape Coral personal injury lawyers can assist you in exploring your legal options.
The Cape Coral slip and fall accident lawyers of Viles and Beckman can help you recover full and fair compensation to cover medical bills, lost wages, and other expenses. We have recovered over $100 million on behalf of our clients, and we are here to help you.
Can You File a Lawsuit for a Slip and Fall Accident?
Yes, you may be able to sue for a slip and fall accident in certain circumstances. For every personal injury claim, there must be a clear characterization of what you were doing at the time of the incident and what contributed to your fall.
While guests are not expected to behave recklessly, a slip and fall case is only successful if it can be demonstrated that the property owner’s duty of care to provide a safe environment was breached. This usually occurs when there is a lack of lighting, signage, or sufficient support to prevent a fall.
Even if you’re unsure of who may be at fault for your fall, it is worth contacting our slip and fall lawyers in Cape Coral to discuss your situation in a free consultation. We can help you understand your legal options and help you move forward.
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What are the Common Causes of Slip and Fall Accidents?
Slip and fall accidents can occur due to a variety of hazardous conditions and negligent actions. Some of the most common causes include:
- Wet or slippery floors: Spills, leaks, or moisture on floors from sources like rain, snow, cleaning products, or spilled liquids can create extremely slippery surfaces.
- Poor lighting: Inadequate lighting in hallways, stairwells, or walkways can make it difficult to see potential tripping hazards.
- Loose or torn carpeting: Carpets that are frayed, bunched up, or have loose edges pose significant tripping risks.
- Unmarked changes in floor level: Unexpected steps, slopes, or uneven surfaces that are not clearly marked or visible.
- Cluttered walkways: Boxes, cords, debris, or other obstacles left in pedestrian paths can easily cause trips and falls.
- Lack of handrails: Stairways without secure handrails increase the chances of losing balance and falling.
- Icy conditions: Failure to properly treat outdoor surfaces like sidewalks and parking lots when ice accumulates.
- Loose mats or rugs: Mats that are not properly secured or have curled edges are common culprits.
- Damaged floors or stairs: Cracked, broken, or uneven floor/stair surfaces create dangerous conditions.
- Poor maintenance: A general lack of repair and upkeep of walkways, parking lots, and other pedestrian areas.
Property owners have a duty to ensure their premises are reasonably safe and free of hazards that could lead to injurious slip and fall incidents. Neglecting this duty can result in liability.
Recoverable Compensation
Many people wonder what types of compensation they can recover in a slip and fall accident. Common damages we claim include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment
Other relevant damages may be recovered depending on the details of your case. Our lawyers can calculate the full amount of damages and pursue the maximum financial compensation you are owed.
Injuries in Slip and Fall Accidents
This is frequently determined by the sort of fall, where it occurred, and, to some extent, the plaintiff’s physical health. Some of the most common injuries include:
- Broken bones
- Facial injuries
- Broken teeth
- Back injuries
- Ankle injuries
- Wrist injuries
- Lacerations
Spinal cord injuries and traumatic brain injuries are possible depending on the circumstances of the fall. Many of these injuries require months of rehabilitation, surgeries, and expensive medical costs.
A slip and fall accident attorney in Cape Coral can help ensure you receive full and fair compensation for your injuries and losses.
Where Do Slip and Fall Accidents Usually Happen?
Slip and fall accidents can happen almost anywhere, but there are certain locations where they tend to occur more frequently. Some common places where slip and fall incidents often take place include:
- Retail stores and shopping malls: Spills, cluttered aisles, loose mats, and poor lighting can lead to falls.
- Restaurants: Wet floors from spills, freshly mopped areas, and poor traction on tile floors are hazards.
- Hotels: Slippery bathroom floors, loose carpeting, and cluttered hallways pose risks.
- Office buildings: Freshly waxed floors, electrical cords across walkways, and stairwells without handrails.
- Parking lots and sidewalks: Cracks, potholes, ice, snow, and uneven surfaces outdoors.
- Construction sites: Debris, unmarked elevation changes, and lack of railings around openings.
- Nursing homes and hospitals: Highly trafficked areas with potential spills and obstacles.
- Swimming pools: Wet surrounding deck areas create very slippery conditions.
- Apartment complexes: Common areas like lobbies and stairwells often have hazards.
- Playgrounds: Falls from equipment or onto unsafe surfaces underneath.
Basically, anywhere there is pedestrian foot traffic, there is a potential for dangerous slip and fall conditions if property owners fail to maintain safe premises and address hazards promptly. Proper lighting, surface maintenance, cleanup procedures, and hazard warnings are crucial.
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Slip and Fall Accident Liability: Property Owner vs. Visitor
While a property owner is responsible for providing a safe, managed environment for guests to enjoy, visitors must prove that the owner knew about the unsafe condition and failed to fix it.
The passage of Florida Statute 768.0755 shifted the burden of proof onto the victim.
Finding a way to prove constructive knowledge can be difficult. To avoid blame and a hefty payout, the business owner may choose to deny knowing of the condition. Our experienced attorneys can uncover the truth by examining evidence and asking the right questions.
How Comparative Negligence Affects a Slip and Fall Injury Settlement
In Florida, sharing fault for the injury doesn’t invalidate your claim entirely. Even if you are partially at fault for your injuries, the court may reduce your payout according to the level of fault assigned to you.
Our personal injury attorneys can defend you against any allegations of fault to protect your claim and maximize your financial compensation. You can protect your rights by seeking legal representation now.
What to Do if You Were Injured in a Slip and Fall?
Your first task will be to seek medical attention, file an accident report if possible, and gather the contact information of witnesses while still on the scene.
Note of any comments made by employees or management, along with photographs of the place where you fell, will be extremely helpful when negotiating with the insurance company.
We recognize that this is not always practicable for all plaintiffs. That is why it is critical to contact our experienced slip and fall accident lawyers in Cape Coral as soon as possible following the fall. This increases the likelihood that evidence will be kept, and the investigation will paint a clearer picture.
Contact a Cape Coral Slip and Fall Accident Law Firm Today
Consult with one of our experienced slip and fall accident lawyers in Cape Coral today. Our legal team offers a wide range of legal services and hears all of your concerns with empathy and understanding.
Contact us today for a free consultation and find out how we can put our experience to work for you. Let us fight for your right to maximum compensation.
Call or text (239) 334-3933 or complete a Free Case Evaluation form