Trusted Fort Myers Slip-And-Fall Attorney On Your Side
A slip-and-fall accident can happen in an instant, but the consequences can last a lifetime. Whether you were hurt at a local grocery store, a shopping mall or a private residence, a fall on someone else’s property can lead to serious injuries. When you’re dealing with immense physical pain and rising medical bills, it can be hard to know where to turn. That’s where our legal team at Patrick McLain Law comes in.
Our Fort Myers slip-and-fall attorney team focuses on providing sophisticated legal strategies typically associated with large firms, while offering the accessibility and personalized service you expect from a local team. We help victims of a slip-and-fall claim seek justice against a negligent property owner. Our experience goes beyond the courtroom, as we meticulously investigate and build your case, protecting your rights every step of the way.
Understanding Florida Premises Liability Law
Under Florida’s premises liability laws, property owners have a legal duty of care to keep their premises reasonably safe for visitors. When they fail to do so, they may be held liable for injuries that result.
Establishing Liability
To prove a property owner’s negligence, you must show they had “actual or constructive knowledge” of the dangerous condition. This means they either knew about the hazard or should have known about it because it existed for a long enough time that a reasonable person would have discovered it.
Different Standards Of Care
The level of a property owner’s duty depends on the type of visitor. An “invitee” – a customer at a grocery store, for instance – is owed the highest duty of care. This requires the owner to maintain and inspect the property. A “licensee” – a social guest – is owed a lesser duty, where the owner must only warn of known dangers. Property owners owe trespassers the lowest duty of care.
Some of the most common and dangerous examples of hazardous conditions we see include a wet floor without a warning sign, uneven flooring, loose handrails and a broken stair.
Florida’s Laws And Your Claim
Navigating a slip-and-fall claim requires a deep understanding of Florida’s specific laws.
Statute Of Limitations
In Florida, you must file most personal injury cases within two years from the date of the accident. If you miss this deadline, you will likely lose your right to pursue a personal injury lawsuit.
Comparative Negligence
In 2023, Florida’s negligence law changed. The state now follows a “modified comparative negligence” system. This is a significant factor in cases like a slip-and-fall claim.
If you are found to be more than 50% at fault for your accident, you will be barred from recovering any damages. Even a small percentage of fault can reduce your compensation. Insurance companies often try to use this law against victims to avoid paying.
Proving Negligence And Seeking Damages
The period after an accident is crucial for preserving evidence. We act quickly to document the scene and gather witness statements. Our goal is to counter any claims that you were at fault by proving negligence. We fight for all damages you are owed, from economic losses like medical bills and lost wages to noneconomic damages like pain and suffering. In tragic circumstances, we also handle a wrongful death claim.
Our firm’s comprehensive knowledge of Florida law across multiple areas of litigation gives us a powerful advantage. We approach every case with the protective diligence of a family member, fighting to ensure you find justice.
Contact A Fort Myers Slip-And-Fall Lawyer Today
Don’t let an unexpected fall put your life on hold. Contact a skilled slip-and-fall lawyer at our Fort Myers office today for a free consultation. Call us at 239-737-3735 or send us an email. We can help you understand your rights and hold the responsible party accountable.