Fort Myers Falls/Broken Bones Attorney
Wet spots on floors, uneven walkways, and loose rugs, handrails, and other such things are the leading causes of serious falls in Florida. In addition to the serious, and often permanent, injuries they cause, these hazards have something else in common. Owner negligence usually causes them. If that’s the case, compensation might be available in court.
The serious injuries falls cause usually create a downward spiral. The resulting hospital bills usually cost over $55,000. The financial stress makes the physical pain even worse. Additionally, as victims try to recover, insurance company adjusters bombard them with settlement offers. It’s very tempting to accept these offers and move on. However, at this early stage, there’s no way to tell if an offer is fair.
At Kohn Law, a diligent Fort Myers falls/broken bones attorney can reverse this downward spiral. We quickly connect victims with doctors, so the healing process begins. Usually, these physicians, who are experts in their fields, charge nothing upfront for their professional services. Additionally, after we evaluate your case and gather evidence, we handle negotiations with the insurance company. Thanks to this extensive preparation, we are well-positioned to obtain maximum compensation for your serious injuries.
Duty of Care
All negligence claims begin with a duty of care. Florida, like most other states, uses a common law classification system to determine the duty of care in most premises liability cases. “Premises liability” is an umbrella term that covers falls, dog bites, swimming pool drownings, and other property-related injuries that happen away from home.
- Trespasser: This first category only applies in limited situations. Burglars are usually trespassers. These individuals don’t have permission to be on the property and don’t benefit the owner. Things get complicated if a guest comes for a legitimate purpose, starts snooping around, and injury occurs.
- Licensee: Guests of apartment tenants and other such individuals are usually licensees. These people have indirect permission to be on the property, but they don’t benefit the owner in any way. When licensees are hurt, the owner has a duty to warn when about latent (hidden) property defects.
- Invitee: Almost all premises liability victims in Florida are invitees. These individuals have permission to be on the property. Additionally, they provide an economic or noneconomic benefit to the owner. Since the relationship is so close, the duty of care is high. This duty includes a responsibility to make the property reasonably safe and conduct frequent safety inspections.
Back to trespassers for a moment. A few legal loopholes, like the attractive nuisance rule, protect some child trespassers in some situations.
Knowledge of Hazard
To obtain compensation for injury victims, a Fort Myers falls/broken bones attorney must also prove the owner knew, or should have known, about the fall or other hazard.
Circumstantial evidence of constructive knowledge (should have known) is often available right away. According to the time-notice rule, owners should have known about fall hazards, unless the hazard recently appeared. For example, owners usually don’t know about yellow banana peels that just fell on the floor. Brownish banana peels are a different story.
Circumstantial evidence is enough to prove the claim. However, it might not be enough to obtain maximum compensation. So, if a case settles too early, the best evidence may be unavailable.
This best evidence is direct evidence of actual knowledge. Smoking guns, which usually surface later in the litigation process, include restroom cleaning reports and prior complaints.
Count on a Hard-Hitting Lee County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with a Fort Myers falls/broken bones attorney, contact Kohn Law. Virtual, home, and hospital visits are available.