Fort Myers, FL Slip and Fall Lawyer

Slip and Fall Lawyers Serving Clients in Fort Myers and All of Southwest Florida

Slip and fall accidents and trip and fall accidents are not always the victim’s fault. They often occur because the owner of a property (including homeowners, business establishments, and state or local governments) failed to take the necessary care in cleaning and maintaining the premises.

If you or someone you love slipped and fell due to someone else’s negligence—such as failing to clean up a spill, poor maintenance of walkways and flooring, etc.—you may be entitled to compensation. A Fort Myers slip and fall attorney will listen to the specifics of your story and draw on their knowledge of personal injury law to determine your legal options.

Bernheim Kelley Injury Lawyers is distinguished by the focus on our clients’ well-being and dedication to obtaining Real Justice in each case. Call (239) 366-1111 today for a FREE consultation.

What Are the Most Common Causes of Slips and Falls in Fort Myers?

Slips, trips, and falls are among the most common injuries reported on residential, commercial, and municipal properties. For reference, the National Floor Safety Institute cites data showing that more than 1 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.
  • For liability to apply, the establishment must have had “actual or constructive knowledge of the dangerous condition” and failed to take corrective action. Both the length of time the substance was present and the foreseeability of the hazard must be taken into account when preparing your claim.
• 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 proof of negligence on the part of a business or property owner.
• 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.
• Cracked and Broken Pavement: Falls may occur on sidewalks, parking lots, and other walkways if the pavement is damaged. Property owners are responsible for repairing cracks, potholes, and other hazards that can cause visitors to trip and fall.
• 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.

Simply falling on someone else’s property may not be sufficient to bring legal action. You need to prove that the slip and fall accident occurred due to the property owner’s negligence. A slip and fall lawyer in Fort Myers can investigate the circumstances to determine whether you have a viable claim.

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Common Injuries After a Fort Myers Slip and Fall Accident

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 and 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 to bones and soft tissue beneath the skin.
• Soft Tissue Damage: Slip and fall accidents can result in significant soft tissue damage, including muscle strains and even whiplash. 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, shoulders, knees, ankles, and hips.
• Traumatic Brain Injuries (TBIs): Falls can cause victims to hit their heads, leading to concussions or more severe traumatic brain injuries.
• 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.

In extreme cases, a slip and fall or trip and fall can even prove fatal. Deadly falls should be investigated right away to determine if unsafe conditions on the premises were a factor. If the fall was attributable to negligence, our attorneys can bring a wrongful death claim on your family’s behalf.

What Should I Do After a Trip and Fall Accident in Fort Myers?

Trip and fall claims are complicated. If you are hurt in a fall in Florida, your top priority should always be 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 the accident. Take photos of the slipping/tripping hazard and secure the contact details for any witnesses. Remember, these cl aims 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.

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What Damages Are Available in a Slip and Fall Claim in Fort Myers?

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 you can recover through a slip and fall accident case in Florida depends on many factors.

Below 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. In Florida, economic damages generally serve as the foundation of a slip and fall injury claim. The most notable examples of economic damages can include:
  • Medical bills
  • Rehabilitation costs
  • Assistive devices
  • Lost wages
  • Diminished earning capacity
• Non-Economic Damages: Non-economic damages are no less real and no less important. An experienced Fort Myers slip and fall accident lawyer can help you secure damages for the full extent of intangible losses such as:
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Permanent disability
  • Scarring and disfigurement
• 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.

What Is the Average Payout for a Slip and Fall in Florida?

You are a unique individual. The impact of a slip and fall accident on your life is no less unique. At Bernheim Kelley Injury Lawyers, our goal is to obtain Real Justice for you—not a result that suits the “average” person.

When calculating the compensation you are due, our Fort Myers slip and fall lawyer will take a number of specifics into account. Factors that may affect the payout you receive for a slip and fall accident include:

• Your age and health at the time of the incident
• The nature of the injuries you suffered
• How severe your injuries are
• Medical expenses to date
• The cost of medical treatment you will need in the future
• Impact on your ability to work, including wages you’ve lost to date and loss of earning capacity
• Physical pain, emotional distress, and other issues associated with your slip and fall injuries
• Effects on your home life, including reduced household contributions, difficulty caring for children, loss of sexual relations with a spouse, etc.

It is also important to take issues of comparative negligence into account. Recoverable compensation for an injury is reduced if the plaintiff is partly at fault, and legal action is barred entirely if the share of fault is greater than that of the defendant(s) (Florida Statutes § 768.81).

Our lawyers will take all of these factors into account when evaluating how much your slip and fall injury case may be worth. We are also prepared for arguments involving comparative fault; if the insurance company contests liability or won’t offer a fair settlement, we will not hesitate to advocate for you at trial.

Should I Accept the Settlement Offer from the Insurance Company?

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. If you are unsure whether taking a settlement offer is in your best interest, we encourage you to consult a top Fort Myers slip and fall lawyer without delay.

You can count on Bernheim Kelley Injury Lawyers to treat you fairly and respectfully. After listening to your story, we can determine the best way to move forward—be it accepting the settlement, negotiating further, or filing a lawsuit.

Who Is Eligible for Compensation After a Slip and Fall Accident?

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 the 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.

Florida law (Florida Statutes § 768.075) provides several liability exceptions if a trespasser is injured on a property. The individual or organization that owns or controls a property is immune from liability in the following cases:

• The trespasser was under the influence of alcohol or drugs when they unlawfully accessed the property.
  • A claim may still be brought if Injury or death was caused by the property owner’s “gross negligence or intentional misconduct.”
• Except for injuries arising from “intentional misconduct,” property owners are not liable for harm suffered by “undiscovered trespassers” on the premises.
  • An undiscovered trespasser is defined as someone who “enters property without invitation, either express or implied, and whose actual physical presence was not detected, within 24 hours preceding the accident.”
• Property owners are not liable for injuries sustained by “discovered trespassers” on the premises, unless the injury is caused by the owner’s intentional misconduct, gross negligence, or failure to warn of known hazards.
  • A discovered trespasser is defined as someone who “enters real property without invitation, either express or implied, and whose actual physical presence was detected, within 24 hours preceding the accident.”
• The trespasser was injured on the premises while attempting to commit or committing a felony.

To avoid liability, defendants and insurance companies may try to argue that the plaintiff was trespassing. A slip and fall injury lawyer in Fort Myers can help refute these arguments and ensure that you are compensated fairly for the injuries and damages you have sustained.

Common Slip and Fall Accident FAQs

What Do I Have to Prove in a Slip and Fall Case in Fort Myers?

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 other property owner—bears legal responsibility for the accident. Elements of a slip and fall accident claim in Fort Myers include:

• Duty of Care: You need to show that the defendant had a duty to keep the premises in a safe condition.
• Breach: Once the duty of the property owner is established, you need to show that their actions constituted a breach. This will demonstrate that negligence was a factor in your slip and fall case.
• Causation: You need to prove that the defendant’s negligence was the direct or proximate cause of the injury. In other words, the property owner’s actions (or failure to act) led to the slip and fall accident.
• Damages: Finally, you must show that you are entitled to compensable damages. These may include medical bills, lost earnings, pain and suffering, and more.

It is crucial that all slip and fall accident claims are comprehensively investigated by an experienced attorney. This should be done as soon as possible. Without timely action, spills may be quickly cleaned up and dangerous conditions can be fixed before they are documented.

Our slip and fall attorneys in Fort Myers recognize that the clock starts ticking right away after an injury on someone’s property. We waste no time visiting the premises, as well as speaking to witnesses when the incident is fresh in their minds. Promptly and completely collecting evidence gives us an advantage in proving your case and securing the compensation you deserve.

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Who Can Be Held Liable for Slip and Fall-Related Injuries?

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.

Although the owner of the property may be responsible for your injuries, compensation is generally paid by the insurance company. Insurance companies will do anything they can to avoid a payout. To hold the defendant accountable and get compensation for a slip and fall injury, you need to seek out experienced legal counsel as soon as possible.

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“When I broke my leg at work I didn’t know what to do. Thankfully a friend of mine told me to contact Bernheim Kelley. My attorney Brooke Perez and her paralegal Gabriella were great. Gabby answered all my questions and made me feel like I had made the right choice. Thank you Bernheim Kelley.”

Rodney J.

“Dor Schwartz gave us the best service we ever got from a lawyer. He fought for us (off court) and negotiated until we got our money back. He was very professional, kind, and approachable. He answered all of our questions and explained every step of the way. We are definitely going to recommend him & Bernheim Kelley to our friends and clients.”

Dana A.

“I really want to give a huge shout out to my attorney Brooke Perez and an even bigger shout out to her paralegal Gabby @ Bernheim Kelley! The law firm helped me to be compensated for a work injury and I got paid while I was off work. My checks came on a weekly schedule. Thank you all for making this rough situation not so bad. Thank you Thank you!”

Martha S.

“I have used them to represent me on more than one occasion and have recommended this firm to several family members and friends. They are very professional and will always give their undivided attention to each and every case regardless of how complex the case might be. I trust Bernheim Kelley with all of my legal needs and will continue to recommend them each and every time. Thank you for your dedication and hard work.”

John S.

“Working with Bernheim Kelley was an extremely positive experience. The level of attention given was much appreciated, especially with complicated details within our case. Highly recommended and look forward to working with them in the future if the need were to arise.”

Marlaina R.

“It was a long and exhausting road for a claim that was submitted but ultimately I have to thank Jeff DeCarlo and Norin Levy for offering the expertise, support, and patience it needed to reach a settlement that was worth the wait. Thank you Bernheim Kelley for your diligence and professionalism along the way. Being that I never had an insurance claim before, Jeff kept me reassured and calm and Norin made sure my ducks were in a row with the paperwork. Thank you Team!”

Ingrid H.

“I have found Robert Pinkiert and his case manager, Alicia, to be very responsive. Alicia keeps me up to date throughout any proceedings and thoroughly responds to any of my questions or concerns. It is a pleasure to work with the team.”

Neil M.

“Thank you Jesse Bernheim, you and your staff are nothing but amazing. From the communication, patience, and professionalism, your office continues to get results. You and your staff make clients feel like family and know how much we appreciate your hard work and attention to detail. Thank you and god bless!!”

Eddie S.

“I’ve been Jesse Bernheim’s client for more than 15 years. He takes good care of his clients, getting great results. Although most cases are settled out of court, he doesn’t hesitate to get into a courtroom if it’s needed for the benefit of his clients. He and his firm recently helped me with an accident at a park, that accident has caused me not only physical but mental pain, anxiety, and anguish. Jesse Bernheim and Robin Rios took my hand all the way, making me feel protected and confident. They explained to me what to do and what to expect clearly. I highly recommend them.”

Jessica P.R.

“Attorney Robert Pinkiert and his paralegal Alicia are wonderful to work with. They are experienced, professional, highly skilled, and always responsive to help answer questions and provide guidance. Both reached out and proactively supported me during a stressful and challenging time. I would recommend Bernheim Kelley to anyone, including my own friends and family.”

Alice M.

“Thank you so much! I’m so grateful for the way my case has been handled!! I highly recommend Bernheim Kelley. From the very beginning of my case, the communication has been excellent. They have handled my case so professionally and have made me feel so comfortable throughout the process. By far they will work for you and make sure you get the BEST results. If you are looking for an amazing attorney don’t look any further I promise you have it here!!”

Luciana B.

“The absolute best law firm you could ask for in an injury claim. They worked real hard to ensure not only I was ok but set up all my physical therapy and ensured I was paid for my unfortunate accident. Very helpful, no drop in communication, and always had my best interest in mind. I will recommend this firm to anyone!!!!”

Alexander S.

“My experience with this firm from start to finish was excellent in every way. Their entire team was responsive, knowledgeable, and they produced even better results in my case than I was hoping for. I strongly recommend them to anyone seeking counsel for their own matters.”

Serian & John M.

“Jesse Bernheim is professional, responsive, and a great guy. Pleased to be associated with such a fantastic and talented team!”

Rajdeep G.

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How Much Time Do I Have to File a Slip and Fall Lawsuit?

A slip and fall accident lawsuit must be initiated before the statute of limitations in Florida for such a claim 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 on someone else’s property.

Where Do Most Slips and Falls Happen?

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
• Restaurants and bars
• Hotels and resorts
• Other businesses
• Apartment complexes
• Sidewalks
• Parking lots

This is far from an exhaustive list. If you were injured in a fall on any type of property due to unsafe conditions, talk to a slip and fall lawyer in Fort Myers ASAP for real insights about your case and what rights you may have.

Contact Our Fort Myers Slip and Fall Accident Attorney Today

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 Bernheim Kelley Injury Lawyers, we have what it takes to hold property owners and insurers to account. Our firm is proactive and client-driven, going above and beyond to help victims and families secure the maximum financial compensation and reclaim their future.

You deserve Real Justice and Real Results. Call a Fort Myers slip and fall lawyer at (239) 366-1111 or contact us online for a FREE case review. From our Fort Myers law office, we handle slip and fall accident claims throughout Lee County, as well as Naples, Sarasota, Tampa Bay, and other nearby communities.