Fort Myers is an attractive tourist destination famous for its beautiful beaches, fishing opportunities and, of course, shopping. There is a near endless amount of family-friendly attractions and days out available to those who visit Fort Myers. All Fort Myers property owners are legally responsible for the safety of customers who visit their premises. However, this does not always mean that personal injury due to property owner negligence is outside the realms of possibility. Often, hazards go unnoticed or, in some cases, ignored and can pose a danger to your health.
Premise liability is the set of laws that apply if you suffer an injury on someone else’s property due to unsafe conditions. A slip and fall injury would be the most common case, but other injuries due to property owner negligence are possible. These injuries could be severe enough to cause lifelong complications.
A Fort Myers premises liability lawyer from The Law Place can help you if you have incurred an injury due to negligence on someone else’s property. In order for your case to be successful, your personal injury lawyer must be able to prove that someone else’s negligence caused your injury. Here at The Law Place, we have over 75 years of experience dealing with slip and fall accidents on Fort Myers premises. Don’t risk improper compensation for your personal injury; contact our law firm today.
The Law Place offers free consultation over the telephone 24 hours a day, 7 days a week. This free legal advice is no-obligation and can give you an idea of what the best route of legal action is for your case. For your free consultation, call (941) 444-4444 today.
What Are Some Examples of Fort Myers Premises Liability Cases?
Many cases of personal injury claims in Fort Myers involve premises liability. A property owner has a legal responsibility to ensure their property is free from any potential hazard.
As there are many different types of public premises in Fort Myers, so too are there many different examples of premises liability cases. The following is a list of the most common examples:
- Slip and fall accidents.
- Accidents involving swimming pools.
- Accidents due to improper or inadequate maintenance.
- Accidents at amusement parks.
- Accidents involving elevators or escalators.
- Chemicals and toxic fumes.
- Water-related accidents, such as flooding or leaks.
- Inadequate building security.
- Dog bites (Florida Statute 767.04 states that dog owners have a responsibility to display appropriate signage if there is any chance their dog may pose a danger).
What Proof Is Required for a Premises Liability Case in Fort Myers?
There are three main things that your Fort Myers premises liability lawyers will have to prove in order for your claim to be successful.
First, your personal injury lawyer must be able to prove that you were injured on the property.
Second, your lawyer must prove that the actions of the property owner or their failure to act caused the danger.
Third, your lawyer must prove that the owner was aware of the hazard and had sufficient opportunity to amend it or implement a cordoning or warning system.
Negligent Security Claims in Fort Myers
It is possible that the owners of a property have a duty of care to provide a sufficient level of security on their property to prevent criminal acts, such as assault or rape, provided that the act was reasonably foreseeable.
An act is considered reasonably foreseeable if it could have been expected under normal circumstances. A good example of this would be if the property has a history of criminal acts.
If your claim falls into this category, your lawyer will carry out a thorough investigation into the property’s security protocols and history to determine if your case could deserve additional compensation.
Premises Liability Negligence in Fort Myers
Proving negligence in a premises liability case is essential. Your lawyer will be aiming to prove that the injuries you sustained in your slip and fall (or other accident) were the direct result of the property owner’s negligence.
The process of proving negligence works in the following way. Your lawyer must prove:
- The property owner owed you a duty of care.
- This duty of care was breached in some way.
- The breach of this duty of care caused your injuries.
- The injuries you sustained caused you damages, such as medical bills, lost income or pain and suffering.
If you feel somebody has violated their duty of care towards you, you could be entitled to compensation. Call The Law Place today for your free consultation.
What Is the Duty of Care?
The duty of care mentioned above is legal terminology, which means someone’s obligation to take all reasonable measures to ensure people are kept safe. Property owners, including both home and business owners, have a duty of care to keep their premises free of hazards which could cause harm to their visitors.
In the eyes of Florida law, people on a property fall into three distinct categories:
- Licensees – these are people who have entered the premises for their own reasons, such as a guest in someone’s home. Licensees still benefit from the duty of care to ensure they do not suffer from hazards such as slip and fall risks.
- Invitees – these are people who have been invited into premises in order to do business. This category covers people entering a shop, dining in a restaurant, or entering in order to carry out maintenance work. The property owner has a duty of care to ensure that all potential hazards are addressed. In terms of legal rights, invitees are afforded the highest level of protection under Florida law.
- Trespassers – these are people who enter a property illegally. Luckily, property owners do not have any duty of care for trespassers and thus are unable to be held liable for any injury they may sustain while on the property illegally.
What Types of Compensation Are Available to Me Following an Accident on Somebody Else’s Premises?
The right law firm can help you to seek a number of different damages that can increase the maximum amount of compensation available to you. Which damages apply to your situation will depend on the type and severity of your accident.
Damages commonly awarded following a slip and fall accident include:
- Medical expenses – unfortunately, the physical part of an injury is often only the beginning of the complications. Damages can be awarded for the cost of medical bills. It is important that you retain any documents detailing your medical expenses, as well as taking photographs of your injury throughout the healing process. This will make it easier for your law firm to seek the correct level of compensation.
- Lost wages – if your injury has caused you to take time off work to recover, you can be compensated for this. In order for your law firm to seek this compensation, you should retain all correspondence with your employer concerning time spent off work.
- Property damage – if any of your personal property was also damaged in the accident, this can be factored into your compensation.
- Pain and suffering – these damages consider additional complications to your injuries. Examples of pain and suffering damages would include emotional distress and aspects of your lifestyle, which are permanently altered as a result of your injury. It may also be the case that the length and pain level of your recovery process is factored into your compensation.
The best way to determine which of these damages apply to your case is to get in touch with our law firm for a free consultation today.
How Much Time Do I Have to Make a Claim?
In Florida, every accident lawsuit is subject to Florida’s Statute of limitations. These determine how much time can pass following an accident before the victim is no longer able to make a legal case for compensation.
The statute of limitations in a premises liability case is four years. This counts from the exact day on which your accident occurred.
Just because the statute of limitations is four years, this does not mean you should take your time in raising your case. We highly recommend beginning your claims process as soon as possible. This will allow you the greatest chance of collecting all available evidence and witness statements. It will also allow you to retain an even footing with the legal team of the third-party defendant, who will almost certainly be building a case to prevent you from getting the maximum amount of compensation you deserve for your injuries.
Contact The Law Place Today!
If you have been involved in an accident on someone else’s premises in the last four years, you could be entitled to compensation.
Here at The Law Place, we have over 75 years of combined experience in dealing with accident claims such as these. Unlike other firms, we operate all of our cases as a team. This means that you can benefit from the accumulated wisdom and experience of each individual member of our team.
The Law Place is happy to offer you a free consultation at no-obligation. We also operate a no-win-no-fee policy, with all of our fees taken out of your final settlement. This means that you will not pay a cent upfront and, if for some reason your case should be unsuccessful, it will have cost you nothing.
If you are interested in getting a free consultation, don’t hesitate, call The Law Place today. Our phone lines are open 24 hours a day, 7 days a week so that we can work around your busy schedule. Don’t let the complexities of the Florida law system stand in the way of you achieving the compensation you deserve for your injuries. Contact us on (941) 444-4444 today.