Sanibel/ Captiva, Florida
Sanibel and Captiva Islands are part of the Cape Coral-Fort Myers metropolitan statistical area in Lee County on the Gulf Coast, connected to the mainland by the Sanibel causeway. These sister islands are a huge tourist draw, with the Lee County Visitor and Convention Bureau reporting these visitors accounted for a substantial portion of the 4.8 million people who visit the area each year.
Those who come enjoy beaches, swimming, dining out, golfing, sightseeing, bicycle riding, motorcycle riding, parasailing, kayaking, boating and other attractions.
The Garvin Law Firm’s Sanibel personal injury attorneys recognize that accidents and injuries are often the last thing on visitors’ minds when they arrive for a getaway. While this is known for being a quiet, relatively safe and secluded refuge, it’s not immune to careless drivers and negligent property owners, which are the two most common defendants in Sanibel injury cases. In some cases where boats or vehicles malfunction, product manufacturers could be held accountable too. Our injury lawyers represent those who have been injured on Sanibel due to:
- Car accidents;
- Bicycle accidents;
- Pedestrian accidents;
- Motorcycle accidents;
- Boating accidents;
- Slip-and-fall accidents;
- Parasailing accidents;
- Jet Ski accidents;
- Inadequate security/ criminal attack.
Except for product liability cases, these claims are predicated on a legal theory known as negligence. The fact that you were hurt on vacation in Florida isn’t enough to ensure you can receive compensation. To establish negligence in a Sanibel injury lawsuit, we need to show the defendant:
- Had a responsibility to use reasonable care;
- Breached that duty of care;
- Through that breach of care, caused the injuries you suffered.
Of course, not all accidents occur due to circumstances that were entirely black-and-white. The good news is Florida follows a model of pure comparative fault.Comparative Fault in Sanibel Injury Cases
Per F.S. 768.81, comparative fault refers to the blame a plaintiff (injured person) may have shared for causing the injury. This alone will not prohibit an injured person from pursuing damages. Comparative fault is one of the arguments defendants will use to fight for a reduction of your compensation, which can be proportionately reduced based on how much (if any) plaintiff was responsible for the accident. It’s one of the reasons our attorneys meticulously research each injury case we take on because even if we prove the defendant liable, we still must show why our client deserves the compensation we are seeking. The good news is even if you were 99 percent at fault and the defendant was only 1 percent at fault, you could still collect damages on that 1 percent.Assumption of Risk/ Liability Waivers
Another common defense in these Sanibel injury lawsuits is assumption of risk. This typically applies to activities deemed inherently dangerous where a defendant can prove the plaintiff knowingly and voluntarily assumed the risks. An example might be parasailing or scuba diving. This is especially true if the plaintiff signed a waiver of liability.
Still, waivers of liability are not blanket exceptions to liability. They must spell out the specific risk involved, particularly if it isn’t obvious.
If you are injured on Sanibel or Captiva, we have ample experience and a proven track record of success in the 20th Judicial Circuit.
Contact Sanibel personal injury lawyers at the Garvin Law Firm by calling 239.277.0005.