How to Establish Claims for Slip and Fall Injuries
June 2, 2021 | Category: Slip and Fall Accidents | ShareSlip and fall accidents can be life-changing causing permanent injuries and disabilities. They can happen anytime, anywhere, including on private property, business property, and public property.
- Private Property – Private property includes property owned by landlords. Property owners have a responsibility to keep their properties safe. Private property owners can be held liable for negligence in a slip and fall accident if they fail to do so.
- Business Property – Business property owners have a duty to clearly mark potentially dangerous slip and fall areas with warning signs until the affected area(s) can be expeditiously repaired.
- Public Property – Public recreational areas and parks may be scenes of slip and fall accidents if they are not maintained properly. Civil government organizations are responsible for inspecting, maintaining, and repairing them. Cities, towns, counties, or other municipalities may be held responsible should they fail to do so.
"To establish a claim for a slip and fall injury or death, victims, or their families, must follow Florida’s statute of limitations Section 95.11(3)(a) that requires claims to be filed within four years of the accident. However, filing a personal injury lawsuit should be filed by an experienced Fort Myers slip and fall attorney soon after the incident so that evidence is not lost and memories do not fade. Our firm will investigate to prove liability, negligence, and fault. Slip and fall accident victims may be able to seek financial compensation for past, present and future medical expenses, pain and suffering, lost wages, and the loss of the enjoyment of life,” said Fort Myers Slip and Fall Accident Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.
Establishing Claims
Liability, negligence, responsibility/fault, and injury must all be proven to be successful in a slip and fall accident case.
- Liability. You must show that the defendant property owner had a duty of care to keep visitors and others safe from harm.
- Negligence. You must demonstrate that the defendant breached or failed to fulfill that duty.
- Responsibility/Fault. You must prove that the breach of duty (i.e., negligence) on the defendant’s part was a significant factor in causing your injuries.
- You must show that you were actually injured.
“If you or a loved one is injured in a slip and fall accident, please contact our experienced Fort Myers slip and fall team after seeking medical attention. The following are examples of some of our successful cases for:
- A Naples woman who suffered a brain injury and broken hip in a fall which occurred when she was knocked down by a broken door.
- An elderly fall accident victim who received a head injury when she fell as a result of a defective staircase in Sarasota.
- A fall victim who suffered a broken arm when she fell on a greasy and slippery floor in a Punta Gorda restaurant.
- A woman who tripped and fell breaking her arm because of a floor defect at a Sarasota restaurant.
- A trip and fall accident victim who fractured her right shoulder when she fell because a fuel measuring stick was carelessly laid across a Sarasota sidewalk.
We are available 24/7 to assist you, and there are no costs or attorney fees until we receive a monetary recovery for you,” said Attorney Spivey.
Fort Myers Slip and Fall Accident Lawyer Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.