Slip and fall accidents are more common than you might think, especially in bustling areas like Fort Myers, Florida. These incidents can lead to serious injuries and even long-term disabilities. Understanding the common hazards in popular locations around Fort Myers can help you stay safe and avoid potential accidents.
Common Slip and Fall Hazards
- Wet Floors
- Whether it’s a spill in a grocery store or a recent cleaning at a shopping mall, wet floors are a significant risk. Look out for caution signs and be cautious in areas prone to spills.
- Uneven Surfaces
- Cracked sidewalks or uneven flooring in public spaces can cause unexpected trips. Pay attention to your surroundings and report any hazards to property management.
- Poor Lighting
- Inadequate lighting in parking lots or hallways can obscure potential hazards. Always ensure you can see where you’re walking, especially at night.
- Obstacles
- Items left in walkways, such as boxes or cleaning equipment, can be dangerous. Clear paths are essential for safe passage.
High-Risk Locations in Fort Myers
- Shopping Centers
- Busy shopping areas are common places for slip and fall incidents due to a combination of heavy foot traffic and maintenance activities.
- Parks and Recreational Areas
- Uneven ground and wet grass can be hazardous, particularly after rain.
- Restaurants and Cafes
- Spills are frequent in these settings, so it’s crucial to be vigilant about where you step.
Prevention Tips
- Wear appropriate footwear with good grip.
- Stay alert and avoid distractions such as mobile phones while walking.
- Report hazards to the appropriate authorities to prevent accidents for others.
What to Do If You Experience a Slip and Fall
If you find yourself in a slip and fall accident, it’s crucial to seek medical attention immediately, even if injuries seem minor. Document the scene with photographs and report the incident to the property manager. This documentation will be vital if you decide to pursue a legal claim.
At Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A., we specialize in personal injury cases, including slip and fall accidents in Fort Myers. Our experienced attorneys are here to guide you through the process and fight for your rights.
For expert legal advice and representation, contact us today for a free consultation. Let us help you get the compensation you deserve.
If you’ve been in a slip-and-fall accident outside a store in Fort Myers, FL, you may be able to bring a claim against the store owner or manager if there were unsafe conditions that contributed to your fall. A slip-and-fall lawyer can help you gather the evidence you’ll need to show what happened.
Evidence You Need in Your Fort Myers, FL Slip-and-Fall Claim
The best evidence in these cases will usually be:
- Photos of the scene
- Incident reports
- Eyewitness statements
- Video surveillance footage
- Medical records
- Internal reports
- Complaints to the city
Proving Liability
All the evidence you collect goes towards showing negligence to prove that the store is liable. You have to prove the store had a duty of care to keep you safe, failed in this duty, and that this failure was what caused (or significantly contributed to) your accident. Then, you have to prove precisely what you’ve lost as a result of the accident. Your losses are called “damages” in legal parlance.
Why It Can Be Tricky
If your fall took place at the storefront, in other words outside the store itself, the question becomes precisely what the store owner or manager’s duty was regarding that area. The store owner or manager does have a duty to keep that entrance area safe and either fix hazards or warn visitors about them. But because the area is outside, exposed to the elements, it’s important that you be able to prove actual or constructive knowledge on the part of the store.
Actual Knowledge
Actual knowledge means the store owner or manager had seen or been told about a hazard.
Constructive Knowledge
Constructive knowledge means the store owner or manager should have known about a hazard, either because it had been there long enough that it should have been discovered in the due diligence of keeping the store in order, or because it was a regularly occurring hazard.
PProving constructive knowledge requires showing that the hazard had been there a while or that it was often a problem. For example, if there’s an area at the entrance to the store that regularly becomes slick when wet, the store should have been putting out warning signs every time it rains. But if that area was slick because a visitor to the store spilled their drink on it 15 minutes before you fell, and the day was dry, the store owner likely won’t be found liable.
Common Defenses
Three of the most common defenses that stores in these cases use are:
- Comparative fault: you are at least partially to blame
- Lack of notice: the store wasn’t aware and couldn’t have reasonably been expected to be aware
- Open and obvious danger: a reasonable person taking basic precautions would have avoided the danger
Talk to a Slip-and-Fall Lawyer
As you can see, it can be tricky to prove liability in these cases. Call us today at Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. for help with your case in Fort Myers, Naples, Cape Coral, Lehigh Acres, or Port Charlotte.
Most of us know that airplanes have “black boxes” that record important data that can be accessed after a crash. Fewer people know, however, that most cars made after about 2013 also have Event Data Recorders (EDR), or black boxes, that have important info your car accident lawyer in Fort Myers, FL may be able to use after a crash to show what happened.
What’s an EDR and How Do You Access It?
The EDR doesn’t record everything or send constant surveillance information anywhere. What it’s doing is taking snapshots of the car systems at the moment of a crash or any near crash. Basically, if you slam on the brakes or it senses a jolt, it will kick on. It will also kick on if some of your safety systems are engaged, like airbags.
The EDR will typically show the speed the car was traveling at the time of the crash, whether the seatbelts were engaged, whether the driver was pressing on the gas (and how hard), and whether the brakes were hit. It may or may not show other information, but EDR systems function in different ways, depending on model, year of production, and manufacturer.
Getting access to this data isn’t necessarily straightforward. You can’t access it on your dashboard; it can only be retrieved using some special hardware and software that connects with your vehicle’s diagnostic system. For this reason, it’s important that you don’t authorize any repairs or salvage of your damaged vehicle too quickly after an accident. If the information from the other vehicle could be important to your case, get your lawyer to request the court in writing to hold it as evidence.
Why It’s Important
EDR data is important because it is neutral. It doesn’t have a bias, and it can’t forget. In a car accident, liability disputes often center around just a couple of moments in time, and the humans involved in those moments may not accurately remember what was going on. That is just the nature of memory.
Beyond that, there’s always a temptation for someone who knows they’re liable to lie to protect themselves. The EDR data can prove what really happened. For example, in a rear-end collision, the following driver is typically held at fault automatically because they are required to keep a safe following distance. But if the EDR data backs up their claim that the front driver suddenly slammed on their brakes, this could help their case.
Limitations
It’s important to bear in mind that the black box is not a magic tool that will take care of everything in itself. It’s just one piece of evidence that your lawyer may be able to use. The EDR also cannot contribute to questions like whether a light was green or whether a pedestrian stepped out suddenly in front of a vehicle. It can only record what’s going on in the car.
Talk to a Fort Myers, FL Car Accident Lawyer Today
If you’ve been in an accident, call Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. in Fort Myers at (239) 441-2009. We also have offices in Port Charlotte, Naples, Cape Coral, and Lehigh Acres.
Is Depo-Provera a danger?
By Andrea Smith
Deciding whether to use birth control is a significant and deeply personal choice for a woman. Beyond preventing pregnancy, birth control may also be used to regulate menstrual cycles, reduce anemia, manage endometriosis symptoms, improve skin and lower the risk of developing ovarian and endometrial cancers.
Risks for users of Depo-Provera
While birth control offers benefits, risks also exist. For some users of Pfizer’s injectable drug Depo-Provera (depot medroxyprogesterone acetate), recent research has raised concerns about a potential link to meningioma brain tumors.
Meningioma is a type of brain tumor that develops from the meninges, the thin layers of tissue that cover and protect the brain and spinal cord. It is the most common type of primary brain tumor. Symptoms may include headaches, seizures, vision problems, hearing loss, memory issues, weakness or personality changes –depending on the tumor’s location.
A recent study published in JAMA Neurology suggests prolonged use of Depo-Provera may be associated with an increased relative risk of developing meningioma. Although meningiomas are typically non-cancerous, they can still lead to serious health complications.
Treatment options vary and may include monitoring, surgery, radiation therapy or a combination of approaches, depending on the tumor’s size, growth rate, symptoms and location.
Women seeking compensation for health issues
Legal action is being taken across the country against Pfizer. Depo-Provera is the subject of a growing mass tort, with more than 1,700 cases having been consolidated in a multidistrict litigation (MDL) as of this month. Although Pfizer maintains the drug is safe, the Food and Drug Administration added a meningioma warning to the Depo-Provera label in December 2025. Women involved in the litigation allege injuries linked to long-term use, including brain tumors.
Plaintiffs claim Pfizer failed to adequately warn doctors and patients about the risk of developing meningioma. Under failure-to-warn laws, pharmaceutical manufacturers may be held liable if they do not provide sufficient risk information to allow patients and physicians to make informed decisions. These claims do not assert the drug is defective or fault physicians for prescribing it.
Allegations in lawsuits against Pfizer regarding Depo-Provera include the following:
- Pfizer was aware or should have been aware of the increased risk of meningiomas associated with prolonged Depo-Provera use.
- Pfizer failed to adequately warn doctors and patients of potential risks.
- Some women suffered significant harm, including the need for brain surgery, after continued use without full awareness of the risks.
Plaintiffs are seeking compensation for medical expenses, pain and suffering, lost wages and other damages. Evidence cited includes medical records, prescription histories and expert testimony linking the medication to brain tumors.
Pfizer is the primary defendant. Generic manufacturers named in some of the lawsuits include A-S Medication Solutions, Greenstone LLC, Pharmacia & Upjohn Company LLC, Prasco Laboratories and Preferred Pharmaceuticals Inc.
Statutes of limitations for filing legal claims related to Depo-Provera injuries vary by state. The period to file a lawsuit typically starts when a person is diagnosed with a brain tumor and can reasonably attribute it to the birth control medication.
The litigation is ongoing, with additional cases expected as awareness increases. Individuals who believe their health issues may be linked to Depo-Provera are encouraged to seek qualified legal guidance to explore their options.
About the Author
Andrea Smith is co-managing Partner of Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith. She specializes in personal injury and wrongful death cases.
When you’re involved in a car crash in Fort Myers, FL with someone who doesn’t have insurance or doesn’t have enough to cover your losses, your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage should kick in. Figuring it all out can be difficult, but your car accident attorney can help you work through your claim and compensation options as well as deal with the paperwork and negotiations.
UM and UIM Coverage
UM coverage steps in when a driver who causes an accident has no insurance at all. Your UM coverage will help to pay for your medical bills, lost wages, and other damages. UIM coverage is for when the other driver doesn’t have enough insurance for all your losses. You’ll first draw on their insurance, but when you hit their policy limit, your UIM coverage kicks in to cover the rest up to your own policy limit.
If you’re bringing a personal injury claim here in Fort Myers, FL, it’s normal to feel stressed about the medical bills piling up as the case is negotiated. Your personal injury lawyer can not only help you with the case itself but also help you work through a combination of insurance coverage and deferred payment agreements to deal with these bills until you get reimbursement from a settlement or judgment.
For Car Accidents
Florida is a “no-fault” state for car accidents, and this means every driver must carry at least $10,000 in Personal Injury Protection (PIP) insurance. PIP covers 80% of your reasonable and necessary medical expenses, up to the policy limit, and 60% of your lost wages if you’re unable to work while you recover. To use your PIP coverage, you must seek medical treatment within 14 days of the accident.
PIP will pay your medical providers directly while your case is pending, regardless of who was at fault, and the insurance company is required by law to pay within 30 days of the date you submit your claim. However, they do have 60 days to investigate the claim. This coverage is often the first source of payment for bills in auto accident cases, though it’s often insufficient, as $10,000 doesn’t go very far.
The first step in getting the compensation that you deserve after an injury comes as you choose your Fort Myers, FL personal injury attorney. Your first meeting with your attorney is an important one. Here’s what to bring to that first consultation.
All the Essential Documents
You’ll need documents identifying you and providing your phone number, email, and mailing addresses. If you are bringing a claim on behalf of a minor or an incapacitated person, you’ll need to bring the legal documents showing that you are the guardian or legal representative of that person.
Every personal injury case is unique, and the total settlement is always going to depend on what injuries you’ve sustained and the precise circumstances of your case. Following is some general information, but you need to talk with a Fort Myers injury attorney as soon as possible to present the details of your case and get a better idea of what you personally can expect.
Nationwide, there’s an incredible amount of variety depending on the type of personal injury you’re talking about. But on average, over the last 20 years, half of all people who brought a personal injury claim received $24,000 or less. The average amount for all cases of all types was $31,000, but the average for various types of cases can be quite different. For example, the average for a car accident case is just $16,000, while the average for a medical malpractice case is $679,000. For product liability, the average is $748,000, and for a slip-and-fall or other premises liability case, the average is $90,000. Here in Florida, car accident settlements do tend to be slightly higher because of Florida’s no-fault insurance system. This because in the smaller cases the respective drivers’ own insurance kicks in, regardless of who is at fault. You can’t bring a claim unless your injuries and losses are particularly bad.
Can I File a Claim If I Was Partially at Fault?
If you’ve been in an accident and injured, you can bring a claim for your losses and damages even if you’re partially at fault. However, things can get tricky when you’re partially to blame for your accident, and a Fort Myers personal injury attorney can help you work out what to do and protect your settlement.
According to Florida law, anyone who is 50% or less at fault can bring a claim, though the final damages you collect will be reduced by the same amount as your fault. So if you are 50% at fault, you would only be able to claim 50% of your damages.The reason two parties can both bring a claim when they’re equally at fault is simply that, while blame may be shared equally, consequences may not. For example, in an accident involving a car and a bike, the driver and rider might be equally to blame for causing it; but it’s highly likely the rider will have greater injuries and losses. By allowing both to make a claim and get 50% of their losses, the law allows the actual burden of the shared fault to be equally apportioned.
If you’ve been injured in an accident, it’s likely that you are facing medical bills and other expenses, and often at a time when you can’t work. With no money coming in and lots of money going out, it’s natural to be worried that hiring an injury attorney in Fort Myers, FL will only make things financially worse. The good news is that personal injury lawyers work on a contingency basis.
A contingency fee arrangement is when a lawyer agrees to work for you and take payment only if you win your case or successfully get a settlement. The lawyer’s fee will be a percentage of your settlement. This means you have no lawyer’s fees and owe the lawyer nothing if you lose your case. There are several other benefits to this arrangement, too:
