Cape Coral Slip & Fall Accident Attorneys

Helping Clients Across Florida Seek Compensation for Slip & Fall Injuries

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 & fall accident 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 happen anywhere, often when least expected. Many accidents result from hazardous conditions that property owners failed to address. Frequent causes of slip and fall accidents are:

• Wet or slippery floors: Spills, leaks, or recently cleaned surfaces can create hazardous walking conditions.
• Uneven surfaces: Loose carpeting, rugs, or uneven floor tiles can cause tripping hazards.
• Poor lighting: Inadequate lighting in stairwells, parking lots, or hallways can make it difficult to see obstacles or changes in elevation.
• Cluttered walkways: Debris, cords, or items left in walkways can lead to tripping and falling.
• Defective stairs or railings: Broken or missing handrails, loose steps, or uneven stair treads can result in falls.
• Weather-related hazards: Rain, snow, or ice that isn’t promptly removed from walkways or entryways can create slippery surfaces.
• Unmarked hazards: Failure to display warning signs for wet floors, ongoing maintenance, or other temporary hazards can lead to accidents.

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.

Filing a Premises Liability Claim

To succeed in a premises liability claim, certain conditions typically need to be met:

• Lawful Presence: The injured party must generally have been on the property legally at the time of the accident. Familiar lawful visitors include:
  • Customers: Individuals visiting commercial establishments such as stores and restaurants.
  • Guests: People invited onto the property for social or business purposes.
• Owner’s Duty: Property owners must address or provide warnings about hazards they know or should reasonably know could pose a risk to visitors. This duty includes:
  • Repairing Hazards: Correcting dangerous conditions that could lead to accidents.
  • Providing Warnings: Informing visitors about potential dangers through signs or other notifications.
• Trespassers: Property owners generally have a lower duty of care toward trespassers, primarily to avoid intentional harm. However, exceptions include:
  • Children: Property owners may have a higher duty of care if children are likely to be on the property, especially if the hazard is attractive or dangerous.

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

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 slip & fall accident attorneys in Cape Coral!