Get Help From a Top Slip and Fall Accident Attorney in Fort Myers
At Bernheim Kelley Battista, LLC, our Fort Myers slip and fall lawyers are knowledgeable, skilled, and experienced advocates for injured victims. Slips, trips, and falls can lead to serious injuries. Negligent businesses and negligent property owners must be held accountable. If you or your loved one was hurt in a slip and fall, we are more than ready to help. At BK, we believe in offering our clients not just legal representation but genuine personal support. Your well-being is our top priority, and we’re here to provide the support and legal representation you deserve. Contact us at our Fort Myers law office today for your free, strictly confidential consultation with a Florida premises liability lawyer.
Slips, trips, and falls are among the most common injuries reported on property. For reference, the National Floor Safety Institute cites data showing that more than one million people require professional medical care for slip and fall accident injuries in the United States each year. These accidents are caused by many different factors. Some of the most common causes of slips and falls include:
Wet Surfaces: Wet surfaces—particularly unmarked wet surfaces—are a leading cause of slip and fall accidents. Under Florida law (Florida Statutes § 768.0755), there are specialized regulations in place to govern slip and fall accident claims that are based on “transitory foreign substances” in a business establishment.
Uneven Surfaces: Uneven surfaces contribute to many trip and fall accidents. Indeed, surfaces that are not level or that have irregularities—a common example being an exterior walkway that is in disrepair—could be negligence by a business or property owners.
Loose Debris: Clutter or other types of loose debris in walking areas could also contribute to slip and fall accidents and trip and fall accidents. For example, imagine that an electrical cord is carelessly strung up across a hallway in an office building.
Damaged Flooring: Businesses and property owners in Fort Myers have a duty to conduct adequate maintenance. The failure to do so can contribute to fall accidents. Flooring that is cracked, worn, or otherwise damaged creates a significant risk.
Poor Lighting: Inadequate lighting makes it difficult for individuals to see and avoid potential hazards, such as obstacles or uneven surfaces. Proper illumination is crucial to navigate safely and avoid unexpected hazards. Poor lighting can be especially dangerous in stairways.
It would be a major mistake to view slip and falls as an accident that typically only causes modest injuries. Quite the contrary, slip and fall accident consequences can be severe, even catastrophic. Some of the most common injuries reported in slip and fall accidents in Fort Myers include:
Bruises and Abrasions: In most cases, bruises and abrasions are the immediate consequence of a slip and fall accident. Deep bruises can cause serious injury.
Soft Tissue Damage: Slip and fall accidents can result in significant soft tissue damage, including muscle strains and even whiplash.
Sprains and Strains: Ligaments and muscles may be overstretched or torn during a fall, resulting in painful sprains or strains that may require time and rest to heal.
Dislocations: A slip and fall may cause joints to be forced from their normal position, leading to dislocations that require immediate medical attention.
Broken Bones and Bone Fractures: Slip and fall accidents frequently lead to broken bones, including fractures to the wrists, arms, ankles, and hips.
Traumatic Brain Injuries (TBIs): Falls can cause victims to hit their heads, leading to concussions or more severe traumatic brain injuries (TBIs).
Back and Spinal Cord Injuries: A hard fall can result in injuries to the back and spine, which can lead to chronic pain or even paralysis.
Trip and fall claims are complicated. If you are hurt in a fall in Florida, your top priority should always be on your medical needs. Get to a doctor right away. Even if injuries seem minor initially, underlying issues might manifest later on. You need to see a doctor to be eligible to bring a personal injury claim in Florida.
You should also be sure to document your accident. Take photos of the slipping/tripping hazard and secure the contact details for any witnesses. Remember, these claims are based on fault. You should notify the business or property owner that the accident occurred. However, before you give an official statement, be sure to consult with an experienced Fort Myers slip and fall attorney.
Through a slip-and-fall accident injury claim, the victim has the right to take legal action against the at-fault party. Any person who was lawfully on property and was injured in a slip and fall accident that happened, at least in part because of the negligence of the business owner and/or property owner, has a legal right to file a slip and fall accident claim to seek compensation for damages.
To learn more, schedule a free consultation with us today.
Hurt in a slip and fall accident in Fort Myers or elsewhere in Lee County? It is imperative that you are able to secure the maximum available financial support. How much can you recover through a slip and fall accident case in Florida? The answer depends on many factors. Here is an overview of the damages that may be sought through a slip and fall injury claim in Fort Myers:
Economic Damages: Economic damages cover the tangible financial losses incurred due to the accident. The most notable examples of economic damages can include medical bills, rehabilitation costs, lost wages, and diminished earning capacity. In Florida, economic damages generally serve as the foundation of a slip and fall injury claim.
Non-Economic Damages: Non-economic damages are no less real and no less important. These damages are intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. An experienced Fort Myers slip and fall accident lawyer can help you secure damages for the full extent of your non-economic losses.
Punitive Damages: Punitive damages are a limited remedy in slip and fall accident claims in Florida. They may be awarded in cases where the defendant’s conduct was particularly egregious or reckless. These damages are not aimed at compensating the victim but rather at punishing the wrongdoer and deterring similar future conduct.
Yes—or at least it is possible to do so if your family member is killed in a slip-and-fall accident caused by another party’s negligence. In Florida, surviving family members may have the right to pursue a wrongful death claim. These claims are always initiated by a personal representative of the victim’s estate. That being said, any recovery is for the benefit of surviving family members, such as the surviving spouse or surviving child(ren).
Slip and fall accident claims fall under the broader legal doctrine of premises liability. These are fault-based legal cases. To hold another party liable in a slip and fall accident claim in Fort Myers, an injured victim must prove that the defendant—whether a business or a property owner—bears legal responsibility for the accident. It is crucial that all slip and fall accident claims are comprehensively investigated by an experienced attorney.
The negligent business or property owner can generally be held liable for slip and fall-related injuries. Some notable examples include store owners, landlords, and other entities responsible for maintaining the safety of the premises.
A slip and fall accident lawsuit must be initiated before the statute of limitations in Florida for such a claim in Florida expires. There were significant reforms to Florida’s tort laws in 2023. While the deadline used to be longer, injured victims now only have two years to initiate a slip and fall accident injury lawsuit (Florida Statutes § 95.11(3)(a)). If you fail to bring a slip and fall accident injury claim before the statute of limitations runs out, you may not have a viable legal claim at all. Protect yourself: Consult with a Fort Myers slip and fall attorney as soon as possible after an injury.
There is no true average settlement for slip-and-fall cases in Fort Myers. Instead, the amount of financial compensation for a slip and fall accident settlement—or, for that matter, any other type of personal injury settlement—varies from case to case. A number of different factors matter, including your ability to prove fault and the extent of your damages.
Slip and fall accidents can happen in a wide range of different locations. Some of the most common places where slips, trips, and falls are reported include:
Retail stores;
Office buildings;
Other businesses;
Apartment complexes;
Sidewalks; and
Parking lots.
It depends. The timeline to receive compensation for a slip-and-fall case depends on multiple factors including the complexity of the case, the willingness of parties to settle, and court schedules. It might take several months to several years. The best thing that you can do to put yourself in the right position to get a full and fair settlement offer is to take a proactive approach.
Unfortunately, the big property insurance companies that handle most slip-and-fall accident claims want to resolve their liability for the minimum amount possible. In practice, this means that they often lead negotiations with a lousy settlement offer. Do not accept a slip-and-fall accident settlement that is not for the full and fair value of your claim. Consult with a top Fort Myers slip and fall lawyer.
Navigating the aftermath of a premises liability claim—especially a slip-and-fall accident—can be challenging. It is normal to have tons of questions about what happens next. At BK Law, we have what it takes to hold companies and insurers to account. Our firm is proactive and client-driven. At Bernheim Kelley Battista, LLC, our Fort Myers slip-and-fall accident lawyers go above and beyond to help victims and families secure the maximum financial compensation. You deserve real justice and real results. Call us now or contact us online for a free case review. From our Fort Myers law office, we handle slip and fall accident claims in Lee County, Hillsborough County, Southwest Florida, and beyond.
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