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Fort Myers Premises Liability Attorney

Premises liability laws protect victims of all ages who are injured on someone else‘s property.

Many publicly and privately-owned establishments such as airports, nightclubs, schools, retail stores, and parking lots have a legal responsibility to abide by the established safety standards. They must operate their property in a manner that does not pose an unreasonable danger, especially when the individuals are on-site to further the property owner’s business interests.

Injured on Someone’s Property?

Contact an Attorney at Garvin Injury Law Today

Contact Us

At Garvin Injury Law, our Fort Myers personal injury attorneys recognize that this area of law can be highly technical and complex. That is why we offer legal services from attorneys with extensive experience and a proven track record of success in these cases.

Call (239) 277-0005 or contact us online to schedule a consultation for free today.

Why Consider Us

At Garvin Injury Law, you’ll get:

  • Decades of trusted legal experience
  • Clear, compassionate communication
  • We cover all case expenses
  • You owe nothing unless we win

Awards & Memberships

The Best Lawyers In America award
Million Dollar Advocates Forum member
Martindale peer award
Super Lawyers member

Legal Status of Plaintiff in Florida Premises Liability Lawsuit

Your legal status will depend on your purpose for being on-site, and a premises liability lawyer in Fort Myers can look into the nuances of this issue. Was it a social visit? Were you there as a customer? Are you a tenant? Those who are there for the property owner’s financial benefit will have far more legal protection than someone breaking in to commit burglary.

In general, three different legal designations that come into play:

  • Invitee
  • Licensee
  • Trespasser

An invitee is an individual the property owner has invited onto the site, typically for business purposes. An example would be a customer at a retail store or a contractor or a construction site. Property owners owe the highest duty of care to invitees. They are required to make sure their property is safe by addressing or warning about known hazards and regularly performing inspections to check for possible dangers.

A licensee is an individual who is on-site for their own purposes. In other words, they might not have an invitation, but the property owner consents to their presence. This could be a friend who comes to your home unexpectedly or a solicitor who comes to the business with an offer for the owner/ manager.

Property owners do not owe licensees the same degree of care as invitees. Still, they do have to make sure they do not “willfully or wantonly” harm licensees, meaning they cannot create an unreasonable risk of physical harm. They must warn against non-obvious hazards.

Finally, trespassers enter the property without permission or remain without the right to do so. In this case, the only duty owed is not to willfully or wantonly cause harm or intentional misconduct, such as setting up traps. However, there is a different standard for children who trespass. This falls under the attractive nuisance doctrine.

As outlined in F.S. 823.08, an attractive nuisance may be tempting to children, who, may not appreciate the danger by nature of their young age. Examples may include abandoned or discarded refrigerators, clothes washers, or other air-tight units from which the doors have not been removed. Swimming pools, holes, caves might also be considered an attractive nuisance.

“Very knowledgeable, honest and compassionate lawyer”

Leland Garvin is a very knowledgeable, honest and compassionate lawyer. He was easy to speak with and took the time to go over details and scenarios which enabled me to make informed decisions in my difficult case. Everyone at the Garvin Injury Law is consistently pleasant and helpful. There are so many facets of a lawsuit that would have been stressful, but they handled everything, so I could focus on my recovery. I couldn’t be happier with the service I received and the outcome of my case. I highly recommend Leland Garvin if you’re looking for a lawyer you can trust. He is more than qualified to get the job done.

Rene Hatalovsky

Foreseeability in Florida Premises Liability

One of the key components of a premises liability claim is foreseeability. That is, could the defendant have foreseen there was a danger on site that might cause someone to be injured? If not, it may be very difficult for a Fort Myers premises liability lawyer to recover damages for a victim.

As outlined in the 1992 Florida Supreme Court case of McCain v. Florida Power Corp. (pg 6), foreseeability is critical in outlining the scope of duty that is placed on any property owner to avoid negligent acts or omissions. A legal duty arises whenever human action creates a generalized and foreseeable risk of harming someone else. If a defendant’s conduct creates a foreseeable zone of risk, the law generally recognizes a duty placed on the defendant to either:

  • Lessen the risk;
  • Take sufficient precautions to protect others from the harm that risk poses.

Property owners who create dangerous conditions or fail to address them when they are known or foreseeable can be held accountable when such actions or omissions result in injury to someone else.

Our slip and fall attorneys in Fort Myers will work to develop effective legal strategies in your premises liability case.

Common Types of Premises Liability Accidents

Some examples of common Florida premises liability claims include:

  • Trip and fall on an uneven or broken sidewalk
  • Slip and fall on a slick floor
  • Obstruction in a stair or aisle
  • Inadequate lighting
  • Poorly-lit entry or stairwell
  • Missing or broken handrails on stairs
  • Dangerously displayed merchandise
  • Swimming pool lacking gates or locks
  • A swimming pool without clear depth markers, lights, or supervision
  • Lack of adequate security resulting in criminal assault
  • Non-working locks or a security gate
  • Non-obvious obstruction or fall hazard on a walkway
  • Dangerous animal / dog bite

In general, owners and landlords are responsible for providing secure and safe conditions, whether you are a customer, tenant, or employee. However, not everyone is owed the same duty of care, and some property owners may be shielded from liability. Much will depend on your visitor designation.

Medical Negligence

$8.25m

Jury Trial Verdict

Breast augmentation and mastopexy malpractice case. The bulk of the jury verdict was for pain & suffering. Our client had 13 surgeries to repair the…
Read More

$8.25m

Medical Negligence

Jury Trial Verdict

Breast augmentation and mastopexy malpractice case. The bulk of the jury verdict was for pain & suffering. Our client had 13 surgeries to repair the damage following the original surgery and was left with significant permanent damage.

Car Accident

$8m

Litigation Pre-Trial Settlement

Our client was rear-ended by a garbage truck, suffering a broken neck. The case was vigorously defended but ultimately settled prior to trial.
Read More

$8m

Car Accident

Litigation Pre-Trial Settlement

Our client was rear-ended by a garbage truck, suffering a broken neck. The case was vigorously defended but ultimately settled prior to trial.

Medical Negligence

$6.4m

Jury Trial Verdict

Failure to diagnose cancer case. Our client kept going back to ENT for treatment and was complaining that he wasn’t getting better. He finally sought…
Read More

$6.4m

Medical Negligence

Jury Trial Verdict

Failure to diagnose cancer case. Our client kept going back to ENT for treatment and was complaining that he wasn’t getting better. He finally sought a second opinion, but it was too late, and he lost his tongue and has a permanent feeding tube.

Motorcycle Accident

$3.83m

Jury Trial Verdict

Our client was a motorcyclist who was hit and ejected from his motorcycle by a large sedan that failed to yield right of way to…
Read More

$3.83m

Motorcycle Accident

Jury Trial Verdict

Our client was a motorcyclist who was hit and ejected from his motorcycle by a large sedan that failed to yield right of way to oncoming traffic when turning left. He sustained multiple bone fractures, road rash, and had hardware surgically implanted in his leg to regain the ability to walk and work.

Reach Out To a Fort Myers Premises Liability Lawyer at Garvin Injury Law

Contact the Garvin Injury Law premises liability attorneys in Fort Myers today at (239) 277-0005, or online for a free case review.


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4280 S Cleveland Ave
Fort Myers, FL 33901

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“Makes you believe he has no other case, but yours.”

Mr. Garvin keeps you informed of every step in your case, and is always available to you, no matter the time of day or night. Very energetic, always on his feet, makes you believe he has no other case, but yours.

Amanda

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Garvin Injury Law
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Fort Myers
4280 S Cleveland Ave
Fort Myers, FL 33901

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Phone (239) 277-0005 Fax (239) 277-0004 Toll Free (800) 977-7017

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2671 Airport Pulling Rd S #302
Naples, FL 34112

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