Fort Myers Property Liability Lawyer

If you slipped while shopping at the grocery store or fell in an apartment complex parking lot, you might have a premises liability claim if you were severely hurt. So, it’s a good idea to speak with the best Fort Myers premise liability attorney if you were seriously injured when visiting a place of business.

At the personal injury law firm of Wolfson & Leon in Fort Myers, our accident lawyers can help. We have defended injured people throughout Florida since 1963. We only get paid if you recover and all of our initial consultations are free. Just call us today at (239) 777-9954 to get started on your quest for justice.

What is Premises Liability?

Premises liability, which refers to the legal responsibility of property owners to ensure their property is reasonably safe for visitors, can also be known by several other names or related terms, depending on the context or specific aspects being discussed. Here are some of the alternative names and related terms:

  1. Slip and Fall Liability: This term is often used when referring to cases where the injury was caused by slipping, tripping, or falling due to unsafe conditions on the premises.
  2. Property Liability: A broader term that encompasses any legal responsibility arising from conditions or activities on a property, including but not limited to injuries.
  3. Occupiers' Liability: This term is more common in some jurisdictions outside the United States and emphasizes the responsibility of those who occupy the property (not necessarily the owners) in ensuring safety.
  4. Public Liability: Though broader than premises liability, public liability includes aspects of premises liability, especially concerning injuries that occur in public spaces or businesses.
  5. Landlord Liability: This is a specific aspect of premises liability focusing on the responsibilities of landlords to ensure rental properties are safe for tenants and visitors.
  6. Tort Liability in Real Property: A more formal legal term that describes the area of tort law dealing with wrongful acts (torts) that lead to injury on someone's property.
  7. Negligent Security: A specific type of premises liability where the property owner is held liable for failing to provide adequate security measures, leading to injury or harm from a third party's actions.
  8. Owner's Liability: A general term that emphasizes the property owner's responsibility for ensuring the safety of the premises for visitors or guests.

Each of these terms can be related to or fall under the umbrella of premises liability, highlighting different aspects or specific situations where property owners or occupiers may be held legally responsible for injuries occurring on their property.

What is Property Liability?

When you visit a business, the property’s owner, operator, or manager is legally responsible for ensuring the premises are safe for visitors. This concept is known as premises liability. If the owner or occupier of a property doesn’t take reasonable steps to ensure the safety of its visitors, you could be seriously hurt.

Premise liability applies to just about any business establishment, such as a supermarket, convenience store, gas station, hotel, office building, and apartment complex.

Premise liability claims often cover accidents like slips and falls, dog bites, drowning, chemical burns, falling objects, or violence resulting from a lack of security.

A Fort Myers premise liability accident could happen if property owners, occupiers, or managers don’t take reasonable steps to address such hazards as:

  • Wet floors
  • Broken pavement
  • Dim or broken parking lot lights
  • Broken or missing handrails in staircases
  • Fraying or old carpet
  • Poorly constructed displays or signs that tip or fall over
  • Malfunctioning elevators or escalators
  • Burns for overuse of chemicals in hot tubs or pools
  • Potholes, hidden curbs, or broken parking stops
  • Leaking refrigerators or freezers
  • Slippery walking surfaces around pools or hot tubs
  • Loose floor mats
  • Falling merchandise
  • Lack of lighting or security cameras in parking lots
  • Escalator falls
  • Spilled drinks
  • Boxes, furniture, or debris left in walkways
Categories of Visitors in a Fort Myers Premises Liability Claim

While the property’s owner or manager has a duty of care to provide a safe premise, their level of responsibility varies based on why you are on the property.

Invitee: As an invitee, you are on the property for a legitimate business purpose. Customers, clients, and people performing repairs are usually deemed invitees. The property’s owner or operator owes the highest level of care to an invitee as they must take reasonable steps, such as:

  • Regularly inspect their property for hazards
  • Take reasonable steps to fix identified dangers or notify invitees of such hazards
  • Notify invitees of concealed dangers that the owner or operator should have known.

Licensee: A licensee is usually a social guest entering the property. A licensee may be a parent visiting a child at work or a guest attending a party at a friend’s apartment building. Property owners and managers must fix known dangers or notify guests of their existence. However, property owners or managers aren’t required to conduct regular inspections or inform guests of concealed dangers.

Trespasser: As a trespasser, you enter the property without permission. The duty of care required of owners and managers is limited to avoiding intentional harm or reckless injury. However, additional safety steps may be necessary if the property contains features that may attract a minor child. For example, the owner may need to take extra steps to secure pools and playgrounds to avoid possible injury to a child.

Do I Have a Fort Myers Premises Liability Claim?

Even if you have been hurt while visiting a business establishment, you must build a case to prove a premises liability claim. Key factors to consider include:

  • Level of care – You must establish that the owner or operator owed you a level of care based on why you were on the property. As a customer in a supermarket, you may have a premise liability claim if the owner fails to conduct regular inspections or doesn’t take steps to fix or notify you of known hazards.
  • Cause– Your premise liability claim must demonstrate the owner or operator’s breach of care caused by the accident.
  • Damages – You must show the accident caused you financial harm, such as medical care or lost wages.
Why Seek Help From a Fort Myers Premises Liability Accident Lawyer?

Premises liability claims can be complicated. You must establish a case to demonstrate that the level of care you owed was breached and that you were hurt. A Fort Myers premise liability lawyer can evaluate your legal position so you can decide what your next steps should be.

If you were seriously hurt while shopping at the grocery store, pumping gas, or visiting a friend at their apartment, you should speak with a Fort Myers premises liability attorney as soon as possible. Wolfson & Leon offers a free consultation so you can better understand what legal options you might have and decide what to do next.

When you have a legal case, you want to pursue, our Fort Myers premises liability lawyers work out a contingent fee arrangement. You won’t have to worry about paying for legal help unless we settle your case. Any amounts due to us are deducted from your settlement, so you can get the legal representation you need without worrying about how you will pay for it.

You can speak with a Fort Myers premises liability lawyer for free when you call 239-777-9954.

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