Fort Myers Premises Liability Lawyers

We Help Injured People Recover What They Are Legally Owed

When visiting a property, whether it's a grocery store, a friend's house, or a public park, you have the right to expect that the premises are reasonably safe. Unfortunately, accidents happen, and if you've been injured on someone else's property due to unsafe conditions, you may be entitled to compensation. At Lusk, Drasites & Tolisano, our experienced Fort Myers premises liability attorneys are here to help you navigate the legal process and secure the justice you deserve.

Contact us today at (239) 908-4930 to schedule a free case evaluation with a premises liability attorney in Fort Myers.

What is Premises Liability in Florida?

Premises liability refers to a property owner's legal responsibility for injuries that occur on their property due to hazardous conditions. Under Florida law, property owners and occupiers must ensure their premises are safe for visitors. This duty extends to maintaining the property, warning visitors of potential hazards, and addressing dangerous conditions promptly.

In Fort Myers, and throughout Florida, premises liability cases often arise from slips, trips, falls, inadequate security, or other unsafe conditions. These cases hinge on whether the property owner was negligent in maintaining a safe environment and whether that negligence directly caused the visitor's injury.

What are the Elements of Proving Premises Liability?

To successfully prove a premises liability claim in Florida, the injured party (plaintiff) must establish several key elements:

1. Duty of Care: The plaintiff must demonstrate that the property owner owed them a duty of care. This duty varies depending on the visitor's status as an invitee, licensee, or trespasser.
   • Invitees: These are individuals invited onto the property for business purposes, such as customers in a store. Property owners owe invitees the highest duty of care, which includes regularly inspecting the property and addressing hazards.
   • Licensees: These are social guests or others on the property for non-business purposes. Property owners must warn licensees of known dangers.
   • Trespassers: Individuals who enter the property without permission are owed the least duty of care, though owners cannot willfully harm them.
2. Breach of Duty: The plaintiff must show that the property owner breached their duty of care by failing to maintain the property, warn of dangers, or correct hazardous conditions.
3. Causation: There must be a direct link between the breach of duty and the injury sustained. The plaintiff must prove that the unsafe condition caused their injury.
4. Damages: The plaintiff must demonstrate that they suffered actual harm, such as physical injuries, medical expenses, lost wages, or pain and suffering, as a result of the incident.

Common Types of Premises Liability Cases

Premises liability cases can take many forms, each with unique circumstances and challenges. Common types of cases handled by our Fort Myers premises liability attorneys include:

• Slip and Fall Accidents: These are among the most common premises liability claims. Slippery floors, uneven surfaces, poor lighting, or obstacles in walkways can lead to serious injuries.
• Trip and Fall Accidents: Similar to slip and fall cases, trip and fall accidents occur when a person trips over an object or uneven surface, leading to injuries.
• Inadequate Security: Property owners, especially those of apartment complexes, hotels, and shopping centers, must provide adequate security measures. Failure to do so can result in assaults, robberies, or other criminal acts.
• Dog Bites: Dog owners can be held liable if their pet bites or attacks someone on their property, especially if the owner knew the dog had a propensity for aggression.
• Swimming Pool Accidents: Pools pose significant risks, particularly for children. Property owners must ensure pools are secure and comply with safety regulations to prevent drowning or other injuries.
• Retail Store Injuries: Customers in retail stores can be injured due to falling merchandise, wet floors, or other hazardous conditions. Store owners must take steps to ensure the shopping environment is safe.

Ready to Help You Today

Navigating a premises liability case can be complex, requiring a thorough understanding of Florida law and the ability to gather and present compelling evidence. At Lusk, Drasites & Tolisano, our Fort Myers premises liability attorneys are committed to providing personalized legal representation tailored to your specific needs.

Our team will:

• Conduct a comprehensive investigation of the incident, including gathering evidence, interviewing witnesses, and reviewing maintenance records.
• Work with medical professionals to document the extent of your injuries and the impact on your life.
• Negotiate with insurance companies to seek a fair settlement that covers your medical bills, lost income, and other damages.
• If necessary, take your case to court to ensure you receive the justice and compensation you deserve.

Call (239) 908-4930 or contact us online today to let our team get started on your case.