Fort Myers Premises Liability Lawyer
Premises liability can occur on sidewalks, stairways and even swimming pools. The victim in a premise liability case can recover money damages if it can be proven that the injuries were caused by the negligence of the property owner or renter in question.
Our premises liability lawyers in Fort Myers have extensive experience with premises liability lawsuits and we will take the time to thoroughly review your case for effective premises liability claim and explain your legal options.
Understanding Fort Myers Premises Liability Law
Slip and fall claims are governed by premises liability law. This is based on the idea that property owners or renters have the duty to ensure that their premises are safe for any visitors and guests. If the owner/renter breaches this obligation, he or she can be held responsible for all damages that occur as a direct result of slip and falls, trip and falls or other accidents as a result of their negligence.
The obligation of property owners to make their premises safe depends on the purpose of the visit or the reason the plaintiff has been invited onto the property. To determine the duty of the property owner/renter, visitors are grouped into three categories:
- Invitees are owed the highest duty of care. This can include shoppers at a supermarket or other place of business who were “invited” to do business with the property owner/renter.
- Licensees are owed an intermediate duty of care. This can include friends, acquaintances and neighbors who were invited to a property for casual visits that benefit both the visitor and property owner/renter.
- Trespassers, or those who go onto property uninvited, are owed the minimum duty of care. Property owners generally have the duty to avoid setting traps for those trespassing on their land, but if property owners create an attractive nuisance (something dangerous that draws people onto a property, such as a swimming pool accident), then the property owner’s duty increases.
How Your Fort Myers Premises Liability Lawyer from Wolf & Pravato Will Win Your Case
Fighting for compensation after an injury on someone else’s property will not be easy if you lack the help of a premises liability attorney in Fort Myers. The following factors will need to be proven in order to have a successful claim:
- the level of duty that the property owner/renter owed you;
- the duty of the property owner was breached and that the property owner/renter should be considered to have been negligent;
- the negligence directly caused your injury; and
- your injury led to some financial or physical loss for which you should be compensated.
A premises liability attorney Fort Myers can help you to prove negligence in these kinds of cases by collecting evidence from the accident scene and gathering relevant documents, such as maintenance records. Your premises liability lawyer Fort Myers can also help prove your right to compensation, which can include:
- Medical expenses
- Lost wages
- Pain and Suffering
- Mental distress
Contact Our Fort Myers Premises Liability Attorney
There’s no reason why you should suffer and pay medical bills caused by a property owner’s negligence. If you or a loved one has been injured in a premises liability or other accident on someone else’s premises, contact The Law Offices of Wolf & Pravato for a free consultation to learn how our personal injury lawyer in Fort Myers can help – 954-633-8270.
Frequently Asked Questions:
What types of accidents are considered premises liability cases?
Common examples include slip and falls, trip and falls, falling objects, negligent security, dog bites, swimming pool accidents, and elevator/escalator injuries.
Who can be held liable in a premises liability case?
Depending on the situation, liability may fall on property owners, business operators, landlords, property managers, or even maintenance companies.
What if the property owner claims they didn’t know about the hazard?
Owners can still be held liable if a “reasonable” property inspection would have uncovered the danger. This is known as constructive knowledge under Florida law.
How long does a premises liability case take to settle?
It varies. Some cases settle in a few months; others may take a year or more, especially if serious injuries or litigation are involved. A lawyer can help expedite the process where possible.
Do I need to go to court to win compensation?
Not always. Many premises liability claims are settled out of court through negotiation. However, if the insurance company refuses a fair settlement, your lawyer may recommend filing a lawsuit.
What if I was injured while working on someone else’s property?
You may have both a workers’ compensation claim and a third-party premises liability claim — especially if the property owner or a contractor was negligent.
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