What is Premises Liability?

Personal Injury & Car Accident Attorneys Serving Fort Myers, Cape Coral, Naples & Nearby Southwest Florida

Posted: June 25, 2019
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Fort Myers, Florida home with swimming pool and lanai Whenever you enter someone else’s property, there’s the expectation that the premises are reasonably cared for and safe to visitors. Premises liability is a subset of personal injury claims and is a broad term for injuries occurring on a property (that is not your own) due to negligence. However, just because your injury happens on someone’s property doesn’t mean there was negligence in maintenance or ownership. Premises liability claims must prove that the owner knew of or should have known about the problems creating a safety risk and that they failed to address the issue in a timely fashion.

Slip and fall accidents are the most common premises liability lawsuits we see at the Kelleher Firm in Fort Myers and Naples, but these claims can vary and may include:

  • Trip and falls
  • Slip and falls
  • Swimming pool accidents
  • Falling merchandise or property
  • Loose, broken, or otherwise damaged walkways
  • Negligent security
  • Dog bites
  • Unsecured objects such as carpets
  • Toxic chemicals or fumes

In Florida, premises liability lawsuits commonly involve swimming pool accidents because of the high number of private pools found in Naples and Fort Myers. Property owners who have a pool have a legal responsibility to make sure the swimming area follows state laws and ordinances for safety, even for unauthorized visitors such as children. Landowners are required to take reasonable care of artificial conditions that pose a risk to children. 

James Kelleher, or Jim for Justice, has more than three decades of experience and has recovered millions in settlements and verdicts for our injured clients.

Dangerous conditions, whether hidden or visible, can lead to severe, life-changing harm such as brain or spinal cord injury, neck injury, burns, broken bones, drownings, and even wrongful death.

The Premises Liability Claims Process

Property owners have a responsibility to take reasonable care of their premises. That means fixing leaks, spills, and damaged areas that create dangerous conditions. These lawsuits typically involve grocery stores, department stores, municipalities, building or apartment owners, homeowners, and more. The initial steps of a premises liability claim are to seek medical treatment, document the scene using photos, gather witness contact information, and call our experienced attorney. It’s crucial to start this process early to make sure you stay within the statute of limitations and for thorough preservation of evidence.

Pursuing compensation helps you hold the property owner accountable for their actions (or inaction) and recover financial losses and expenses brought on due to the accident or assault. This may include medical equipment, surgery, in-home care, loss of income, and so on.

Contact Our Premises Liability Attorney Today

The consultation is always free at the Kelleher Firm, and we work on a contingency fee basis, which means you don’t pay if we don’t reach a settlement or successful verdict.

If you’ve been injured due to a property owner’s negligence, you may have a premises liability claim. Contact our Jim for Justice in Fort Myers or Naples at (833) 546-3675 today. We serve clients in surrounding areas of Southwest Florida.

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