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Personal Injury Blog
CAPE CORAL, FORT MYERS, LEE COUNTY, FLORIDA
The Blog of Lusk, Drasites, Tolisano & Smith,
Friday, July 11, 2008
Slip and Fall Accidents
Have you ever noticed how when you trip or slip on something, you always look around to see what you can blame for causing it? That is because people don't usually have a problem walking across a level surface. A slip and fall accident that causes personal injury frequently has some sort of external factor that catches you by surprise.
Some factors that go into a spill are:
Even if you have a disability of some sort, it is typically some external factor like a slick surface, a broken sidewalk, or a foreign object that upsets your navigation and causes you to fall. If the environmental conditions of the property cause you to slip and fall, the owner of the property could be liable for damages. Under premises law, property owners need to ensure that the conditions of the property are reasonably safe for all potential visitors.
The conditions of a sidewalk, for example, might change through the seasons. Wet sidewalks become slippery and if not properly cleaned and maintained, puddles and mud can interfere with foot traffic. Not everybody who is going to be traveling along the sidewalk will have perfect balance and physical ability. Elderly people who must use a walker or cane to get around might find it difficult to traverse a sidewalk that is broken up by tree roots or other damage. If the damage forces you to leave the sidewalk and walk on unstable grass, or move out into the street, the property owner might be liable if you get hurt.
In some states, even if it is found that you were trespassing on someone's property, the proprietor could be held liable if there is a reasonable expectation that someone like you could enter the premises illegally and get hurt. The property must still provide ample warning of potential physical danger.
At Lusk, Drasites, Tolisano & Smith, P.A., we will help you establish a case against a negligent property owner in the Ft. Myers and Cape Coral areas. Please contact us as soon after your injury as possible. We understand premises law, and we will fight to obtain fair and adequate compensation for your claim.
Some factors that go into a spill are:
- Personal coordination
- Physical ability (or disability)
- Environmental conditions
Even if you have a disability of some sort, it is typically some external factor like a slick surface, a broken sidewalk, or a foreign object that upsets your navigation and causes you to fall. If the environmental conditions of the property cause you to slip and fall, the owner of the property could be liable for damages. Under premises law, property owners need to ensure that the conditions of the property are reasonably safe for all potential visitors.
The conditions of a sidewalk, for example, might change through the seasons. Wet sidewalks become slippery and if not properly cleaned and maintained, puddles and mud can interfere with foot traffic. Not everybody who is going to be traveling along the sidewalk will have perfect balance and physical ability. Elderly people who must use a walker or cane to get around might find it difficult to traverse a sidewalk that is broken up by tree roots or other damage. If the damage forces you to leave the sidewalk and walk on unstable grass, or move out into the street, the property owner might be liable if you get hurt.
In some states, even if it is found that you were trespassing on someone's property, the proprietor could be held liable if there is a reasonable expectation that someone like you could enter the premises illegally and get hurt. The property must still provide ample warning of potential physical danger.
At Lusk, Drasites, Tolisano & Smith, P.A., we will help you establish a case against a negligent property owner in the Ft. Myers and Cape Coral areas. Please contact us as soon after your injury as possible. We understand premises law, and we will fight to obtain fair and adequate compensation for your claim.
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