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Slip and Fall Litigation

Cape Coral, Fort Myers, Lee Country, Florida

Slip and Fall Questions

• What is classified as a slip and fall accident?
• Who is responsible if I slip, fall, and get hurt?
• Can I sue for damages?
• What is comparative negligence?
• Who pays for my medical expenses?

What is classified as a slip and fall accident?

A slip and fall accident is any incident that causes a fall leading to personal injury. It could be tripping over a broken piece of sidewalk, slipping on a wet and muddy sidewalk, or snagging your foot on a loose carpet. If the property on which you are walking is in disrepair or is slick due to some environmental factor, the owner of that property has the obligation to ensure your safety.

Who is responsible if I slip, fall, and get hurt?

Premises law governs property maintenance. The proprietor or lessee of the property is responsible for ensuring that the premises on which you are traveling are reasonably safe. Any dangerous areas must be clearly marked or closed off to public access and steps should be taken to repair any problem as quickly as possible.

Can I sue for damages?

Yes, under premises law if a proprietor fails to ensure that the grounds and equipment are safe under reasonable and expected usage, you have a case if you are injured. You can file suit to recover damages for any personal injury, wrongful death, or lost wages due to the slip and fall accident.

What is comparative negligence?

If you suffer a personal injury from slip and fall accident, then bring a case to a Florida court; comparative negligence may be used to determine if you or the property owner was more at fault. Damages are reduced by the percentage of fault you contributed to the injury. If the jury decides that the fault is yours and not the property owner's, then they may rule against you in the suit.

Who pays for my medical expenses?

In most cases, property owners carry liability insurance that will cover expenses in case of an injury to a visitor. If the amount paid by the property owner is insufficient or is exhausted, then your own medical coverage may be able to pick up the remainder of the expenses.

If you live in the Ft. Myers or Cape Coral area, and are involved in a slip and fall type of accident, then you may be eligible to recover damages for your personal injury. At Lusk, Drasites, Tolisano & Smith, P.A. we can examine your case and help you determine what sort of compensation you can expect to recover. Please contact us today to begin your initial consultation.