Fort Myers Premises Liability Lawyer

We Handle Premises Liability Claims in Fort Myers and Throughout Southwest Florida
At Bernheim Kelley Battista, LLC, our Fort Myers, Naples, Sarasota, and Tampa Bay premises liability attorneys are devoted to fighting for justice and full financial compensation for injured victims. Florida law is clear: businesses and property owners have a duty to keep their premises in safe condition. They must be held accountable when accidents happen because of their failure to do so.
Our legal team is fully committed to fighting for justice and securing maximum financial compensation for those who have been injured. We work tirelessly as your personal advocates throughout your case, prioritizing your well-being by providing constant one-on-one support and communication from experienced attorneys. When you choose BK Law, you’re choosing a dedicated, personalized approach to your case. Our mission is to help you obtain justice, and your unique needs are always our top priority. If you or your loved one was hurt on another party’s property, we are more than ready to help. Contact us at our Fort Myers law office today for a free consultation with a top-tier premises liability attorney.

An Overview of Premises Liability Law in Florida

Premises liability is a part of Florida law that applies to property owners/occupiers (businesses). Here is the basic premise: the party that is in control of a property is responsible for ensuring that its premises are reasonably safe for customers and other invited guests. Is Florida a no-fault state or an at-fault state for premises liability claims? It is an at-fault state. In other words, an injured victim who is hurt due to dangerous conditions on property in Fort Myers or elsewhere in Lee County can hold the at-fault property owner or business liable for their damages.

We Handle All Types of Premises Liability Claims in Fort Myers

Bernheim Kelley Battista, LLC, is a law firm devoted to fighting for real justice and real results for injured victims and their families. With a law office in Fort Myers, we are well-positioned to handle premises liability claims in Lee County and all across Southwestern Florida. If you or your loved one was hurt as a consequence of a safety hazard on another party’s property, you deserve justice. We are here to help you pursue the maximum financial compensation. Along with other types of cases, our Fort Myers premises liability attorneys have experience with: 

• Slip and Fall Accidents in Fort Myers: Slip and falls are the most common premises liability claim. In Florida, a business or property owner can be held liable for a fall accident caused by negligence—such as an unmarked wet floor or tattered carpet. Harmed in a slip and fall accident? Contact our Fort Myers premises liability attorney for help. 

• Failure to Perform Proper Maintenance: The law in Florida requires businesses and property owners in Florida to ensure that their premises are properly maintained. Were you injured due to a business or property owner’s failure to conduct adequate maintenance? Get help from a top Fort Myers premises liability attorney.  

• Negligent Security Claims in Fort Myers: A business or property owner could potentially bear liability for a third-party attack that occurs on its premises. Florida law requires businesses and property owners to take reasonable security precautions. 

• Dog Bite Injury Claims in Fort Myers: Tens of thousands of people in Florida seek medical care for dog bites each year. A dog bite injury claim may fall under premises liability laws. If you or your loved one was injured by a dangerous dog in Southwest Florida, contact our Fort Myers premises liability attorney for help. 

• Swimming Pool Accidents in Fort Myers: Southwest Florida is one of the top regions for swimming pools. Notably, residential and commercial swimming pool owners have a duty to take proper safety precautions to reduce the risk, especially for kids.

The Most Common Injuries in Premises Liability Cases

When businesses and/or property owners in Fort Myers fail to take the proper safety precautions, the consequences can be devastating. Serious harm can occur to customers and other visitors. Injuries that can give rise to a premises liability claim in Fort Myers include: 

• Lacerations; 

• Sprains; 

• Strains; 

• Soft tissue damage; 

• Torn ligaments

• Broken bones;

• Back injuries; 

• Traumatic brain injuries (TBIs); 

• Internal bleeding; 

• Internal organ damage; 

• Spinal cord damage; and

• Amputations.

Where Do Premises Liability Accidents Happen?

Premises liability claims can arise in a wide range of different circumstances. No matter the situation, it is crucial that any accident is comprehensively investigated to determine exactly what went wrong. Here are some common places where premises liability accidents happen: 

• Residential properties; 

• Apartment buildings; 

• Office buildings; 

• Retail stores; 

• Restaurants; 

• Construction sites; 

• Parking lots; 

• Public buildings; and

• Commercial properties.

To learn more, schedule a free consultation with us today.

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What Proof is Required for a Premises Liability Case in Fort Myers?

Premises liability claims are fault-based legal cases. It is important to understand that neither a business nor a property owner in Fort Myers is automatically liable for an accident that happens on its premises. Here is what an injured victim must prove as part of a premises liability case: 

• Duty of Care: The first element is a duty of care. Most often, this means proving that you were lawfully on the property. Very limited obligations are owed by businesses and property owners to trespassers. 

• Breach of Duty: You must prove a breach of duty. In a premises liability claim in Fort Myers, this typically involves establishing the presence of an unreasonably dangerous safety hazard (property defect) that could and should have been addressed with proper care. 

• Causation: Under Florida law, a business or property owner is only liable for an accident if the injuries were actually caused by the safety hazard. You must prove that you were hurt, at least in part, because of a property defect on the premises. 

• Harm: Finally, injured victims must prove actual harm. For the most part, the damages recovered through a premises liability claim in Fort Myers are tied directly to the actual economic and non-economic damages that the victim suffered in the accident.

What Types of Compensation is Available After an Accident on Somebody Else’s Premises?

Hurt in an accident on another party’s premises in Fort Myers? You need the greatest available financial compensation to pay your bills and cover your damages. How much can you expect to recover in a personal injury settlement? The answer depends on a wide array of case-driven factors, including the severity of your injuries and your ability to prove fault. Our Fort Myers premises liability attorneys help injured victims seek financial compensation for: 

• Economic Damages: Economic damages are out-of-pocket costs related to the accident. Examples include medical bills, lost wages, physical therapy, and diminished earning power, 

• Non-Economic Damages: These are intangible damages. Examples include things like pain and suffering, mental distress, physical disfigurement, and long-term disability. 

• Punitive Damages: These are only available in a limited share of premises liability claims, and they are designed to punish the especially egregious misconduct of the defendant.

Understanding the Role of Foreseeability in Premises Liability Claims in Fort Myers

The concept of foreseeability can play a very significant role in premises liability claims in Florida. As a general principle, a business or property is not liable for an accident unless that accident was a reasonably foreseeable consequence of a safety hazard. In other words, a defendant in a premises liability claim in Fort Myers may be able to defend that case on the grounds of lack of foreseeability.

How Much Time Do I Have to Make a Premises Liability Claim in Florida?

Hurt in an accident in Fort Myers, Naples, Sarasota, or Tampa Bay? Be proactive. You have a limited period of time to initiate your legal claim. The statute of limitations is generally two years for a premises liability claim. Under Florida Statutes § 95.11, you must file a personal injury lawsuit for a premises liability case by two years of the date of the accident—otherwise, you can lose your right to seek compensation for your damages. The exceptions to the statute of limitations are very narrow. Do not fall behind in your case: Consult with a Fort Myers premises liability attorney right away after a serious accident. 

Note: Prior to 2023, the statute of limitations for premises liability claims in Florida was four years. However, there was a major tort reform package passed in the state. As a result, that is no longer the case. The statute of limitations for premises liability claims is now just two years.

What Should Businesses and Property Owners Do to Keep the Premises Free From Hazards?

In Fort Myers, businesses and property owners should keep their premises free from safety hazards. To ensure that things are reasonably safe and secure for invitees, businesses and property owners should be prepared to do all of the following: 

• Regularly inspect their premises to ensure that safety hazards are identified; 

• Repair, fix, and remove safety hazards in a timely manner; and 

• Proactively warn invitees about potential safety risks 

A violation of any of these duties could give rise to a premises liability claim. Ignorance is not a defense. A property owner may be liable for a safety hazard that they were not even aware of if they failed to perform proper due diligence and conduct regular inspections of their premises.

How Do I Know If I Have a Premises Liability Claim?

Were you hurt on another party’s premises in Fort Myers? You have a legal claim if you can prove that their negligence—failure to take adequate care—contributed to your accident. Do not assume that you do not have a claim. One of the central benefits of hiring a top personal injury attorney is that a legal professional can review your specific situation and determine if you have a viable claim. Better yet, the Fort Myers premises liability attorneys at BK Law provide free, no-obligation consultations. We will answer your questions and let you know if you have a case.

888-530-1212

Should I Contact an Attorney if I or a Loved One is Injured on Public or Private Property?

Yes. You may be entitled to financial compensation through a premises liability claim. If you were injured on private property in Fort Myers or public property in Fort Myers, it is crucial that you know how to protect your rights and your interests. An attorney can help. Speak to a Fort Myers premises liability attorney as soon as possible after a serious accident in Southwest Florida.

Schedule Your Free Consultation With Our Fort Myers Premises Liability Attorney Today

Premises liability cases are notoriously complex. Businesses and property owners are often represented by large commercial insurance companies that are focused on limiting payouts. At BK Law, we advocate for the people who truly need help—injured victims and their families. Taking a proactive, personalized approach to every case, it is our mission to help clients get justice and the maximum compensation. At Bernheim Kelley Battista, LLC, our Fort Myers premises liability lawyers provide aggressive, effective legal representation to injured victims and their families. Hurt due to the carelessness or recklessness of a business or property owner? We are standing by, ready to protect your legal rights. Give us a call now or connect with us online for a free initial consultation. Our team takes on premises liability matters in Fort Myers. Lee County, and all across Southwest Florida.