Fort Myers Slip and Fall Lawyer
Property owners who fail to remedy slip-and-fall hazards can be held liable if someone falls and sustains an injury on their property. Falls can cause serious injuries, including broken bones, spinal cord injuries, and traumatic brain injuries. Damages are available if you can prove the property owner’s negligence caused your fall. Our compassionate and experienced Fort Myers slip-and-fall attorneys at Farah & Farah can help.
A property owner has a legal duty to provide a safe environment free of hazards for customers and others legally on their property. If you fell in Fort Myers because a property owner failed to address a fall hazard, you may be entitled to compensation for your lost wages, medical expenses, and pain and suffering.
Obtaining damages after a slip and fall in Fort Myers isn’t as straightforward as it should be, even if the property owner’s fault seems obvious. This is why you need the assistance of a compassionate and skilled Fort Myers slip-and-fall lawyer. Call us anytime at (239) 558-0750.
Why Choose Farah & Farah?
Our personal injury lawyers in Fort Myers use a client-centric approach, putting each client’s needs first. Winning you the compensation you need is our highest priority, and we will be here to support you throughout your case. Whether you need to hear from us after hours or meet with us at your home or in the hospital, you can count on Team Farah & Farah to be there when you need us.
We have been helping injured clients since 1979, recovering more than a billion dollars for them. Below are just a few examples of the life-changing case results we obtained for our slip-and-fall clients:
- $750,000 for a client who slipped and fell due to a puddle of water at a large retail supercenter chain
- $460,000 for an 80-year-old who sustained a head injury after slipping and falling on water leaking from a bathroom
- $450,000 for a client who required back surgery after falling at a fast-food restaurant
- $350,000 for a client who suffered neck and back injuries in a slip-and-fall accident caused by an ongoing, unaddressed water leak at a well-known retailer
- $198,000 for a woman who fell on water leaking from a water fountain in workplace break room
- $130,000 for a man who fell and broke his arm when his pant leg got caught on a broken parking stop at a fast-food restaurant
Our attorneys work as a team rather than going solo. This is another example of how we put clients first. When our skilled attorneys work together, you benefit from their collective knowledge, resources, and energy as they devise the most effective strategy to get you the compensation you deserve.
You May Be Eligible for Compensation After Your Fall in Fort Myers
Florida law allows slip-and-fall accident victims to pursue economic, non-economic, and punitive damages.
Economic damages are compensation for monetary losses associated with your injuries. They include medical costs, lost wages, and property damage. When calculating economic damages, your future losses are also considered. For example, if you will need ongoing medical care, your future medical costs can be included, even considering inflation.
If your earning capacity is expected to be diminished temporarily or permanently, the wages you could have earned in the future can also be included, taking into account likely raises and promotions you will miss.
Arriving at an accurate estimate is complex. Our network at Farah & Farah includes financial planners, accountants, and economists. This can help you recover enough compensation to reflect the true extent of your losses.
Non-economic damages are compensation for the losses to your quality of life that occurred due to your accident, such as:
- Pain and suffering
- Loss of bodily functions
- Loss of society
- Loss of enjoyment of life
Future pain, suffering, and losses can also be considered when calculating your non-economic damages.
Punitive damages are not available in all cases. They are awarded when you have clear and convincing evidence of intentional misconduct or gross negligence. Gross negligence is a blatant disregard for the rights and safety of others.
Punitive damages can be difficult to recover in a case against a business because you must prove that the employer participated in the misconduct. When awarded, punitive damages are limited to $500,000 or three times your economic and non-economic damages, whichever is greater.
Can I Sue if a Family Member Died in a Slip-and-Fall Accident?
If your family member passed away after slipping and falling on someone else’s property, you may be able to file a wrongful death lawsuit against the property owner. You can pursue economic, non-economic, and punitive damages in a wrongful death action.
Wrongful Death Economic Losses
Economic losses in a wrongful death lawsuit include funeral expenses, medical expenses of the deceased, and the likely net income of the deceased had they lived. Damages are awarded to the closest surviving relative in the following order of priority:
- Other relatives
Wrongful Death Non-Economic Losses
Each surviving family member has the right to recover non-economic damages according to the value of lost services and support based on their relationship. This includes such losses as companionship, parental advice, guidance, comfort, support, and instruction. You can also recover damages for the pain and suffering of the deceased.
What Do I Have To Prove in a Florida Slip-and-Fall Case?
Slips and falls are part of an area of law known as premises liability. In these cases, you must prove that the four elements of negligence are present: duty of care, breach of duty, causation, and damages.
Duty of Care
A duty of care means the owner must make reasonable efforts to ensure that the property is free of hazards that could lead to falls. This duty of care applies to invited guests. You are considered an invited guest if you can prove that you had reasonable cause to believe you were welcome on the property.
Who Is Owed Duty of Care?
According to Florida law, property owners do not owe trespassers the same duty of care. However, they do owe some trespassers a minimal duty of care.
The property owner can be held liable for the injuries or death of a trespasser that stems from the owner’s blatant or deliberate disregard for the trespasser’s safety or if the owner intentionally causes harm. If the owner discovers the trespasser on the property, this establishes a duty to warn the trespasser of any known fall hazards.
A property owner owes no duty of care to trespassers who are under the influence of drugs or alcohol or who are attempting to commit a felony on the property, except in cases of intentional misconduct or gross negligence.
Breach of Duty
Property owners breach the duty of care when they fail to remove known hazards or provide adequate warnings to guests or trespassers they have discovered. This applies to hazards the property owner is aware of or should reasonably be aware of.
What Are Examples of Breach of Duty?
If you slip and fall on a substance not normally present, you may be able to sue if you can prove by circumstantial evidence that the business had constructive knowledge of the hazard, such as:
- The hazard existed long enough that the business should reasonably have known about it
- The condition occurred regularly and was foreseeable
For example, if you are in a home improvement store and fall on a spilled solvent, a property owner may not be liable if it was a one-time occurrence and there wasn’t sufficient time for the owner to learn of and remedy the hazard.
However, if the spill was ignored for hours, or such spills happen frequently, the store may be liable. Security camera footage is often used to prove how long the spill remained and whether employees noticed it. The employer is liable for the inaction of the employees.
A Verifiable Injury
An injury is verifiable with a medical diagnosis and subsequent treatment. These injuries are generally substantiated through medical records. In some cases, witnesses may be needed to testify about the extent of your injuries, including the differences in your abilities and lifestyle before and after your fall.
Proximate cause means the injury occurred because of the breach of duty. You must show that you would not have fallen were it not for the owner’s negligence and that your injury would not have occurred except for the fall.
Who Could Be Liable for My Fall-Related Injuries?
Whether you fall at a place of business, on public property, or in a private residence, the owner of the property is generally liable. Anyone with a controlling interest or an agent, such as a property manager, may also be liable.
If you fall at someone else’s residence, you may be able to file a claim against the homeowner’s insurance. If you fall on a city sidewalk, the City of Fort Myers may be liable.
How Much Time Do I Have To File a Slip-and-Fall Lawsuit?
The Florida statute of limitations for most slips and falls is two years. However, you shouldn’t put off contacting one of our Fort Myers slip-and-fall lawyers. We will need to gather evidence to prove your fall was the property owner’s fault before the evidence is lost, destroyed, or degraded.
We Can Help With Any Type of Fall-Related Injury
Injuries from a fall can range from minor cuts and bruises to severe, disabling injuries. Our experienced slip-and-fall attorneys in Fort Myers have helped clients recover compensation after suffering a wide range of slip-and-fall injuries, including:
Frequently Asked Questions
Answers to questions we often receive about slips and falls are provided below.
What Is the Average Settlement for a Slip-and-Fall Case in Florida?
A slip-and-fall settlement can range from tens of thousands to millions of dollars, depending on the extent of the injuries. Slip-and-fall injuries cost more than $34 billion yearly in medical costs alone. This is in addition to lost wages and pain and suffering.
Where Do Most Slips and Falls Happen?
Slips and falls can happen anywhere but are especially common in parking lots, grocery stores, shopping centers, parks, and swimming pools.
What Are the Most Common Causes of Slips and Falls in Fort Myers?
Most slips and falls result from such hazards as:
- Wet floors
- Cords or debris in walkways
- Uneven surfaces on sidewalks and hard floors
- Rainy weather
- Poor lighting
- Poorly maintained stairs and steps
- Broken or missing handrails
- Poorly maintained entrances and exits
How Long Will It Take To Receive Compensation?
It can take weeks or months to reach a settlement and take longer if the case goes to trial. That’s why it is so important to hire a skilled team of attorneys that puts your best interests first. At Farah & Farah, we understand how critical it is to receive prompt compensation.
We always work with a speedy resolution in mind, and we may be able to find presettlement funding for you. Contact us at (239) 558-0750 for a free consultation.
Contact Us for a Free Slip and Fall Consultation
If you have been injured in a fall on someone else’s property in the Fort Myers area, our team of nationally recognized attorneys can handle all the details of your legal case while you focus on recovery.
We help clients throughout Southwest Florida, including Port Charlotte, Cape Coral, Punta Gorda, Naples, and Lehigh Acres. Contact us online or call us today at (239)558-0750 to schedule a free case evaluation.
You & Your Family Since 1979