Premises Liability Lawyers in Fort Myers
Premises liability cases in Fort Myers encompass a broad spectrum of accidents where an individual suffers injury or harm due to unsafe conditions on someone else’s property. From slip and fall accidents in grocery stores to injuries resulting from broken pavements or negligent security in public spaces, these cases hinge on the legal concept that property owners must maintain a safe environment for visitors.
If you have suffered injuries due to hazardous conditions on someone else’s property, you need seasoned Fort Myers premises liability attorneys like Larry Moskowitz. With decades of experience and a track record of success, Larry Moskowitz is strongly positioned to fight for the rights of injury victims.
Don’t let negligent property owners escape accountability for their actions. The premises liability law firm in Fort Myers, Larry Moskowitz, PA is ready to aggressively pursue your claim and obtain the compensation you are rightfully entitled to. Schedule your free consultation with our injury attorney today.
Categories of Visitors in Fort Myers Premises Liability Cases
Invitees
Invitees are expressly invited onto the property for the property owner’s benefit, such as customers in a store or guests at a party. Property owners owe the highest duty of care to invitees and must maintain the property in a safe condition, regularly inspecting for hazards and promptly addressing any dangers. Property owners can be liable for injuries resulting from dangerous conditions they knew or should have known about.
Licensees
Licensees are individuals who enter the property with the permission of the property owner but for their own purposes rather than the owner’s benefit. This category includes social guests and friends visiting someone’s home. While property owners still have to warn licensees of known hazards that may not be obvious, their duty of care is not as stringent as with invitees. Property owners must refrain from willfully or wantonly causing harm to licensees but are not required to actively inspect the premises for dangers.
Trespassers
Trespassers are individuals who enter the property without permission from the property owner. Property owners owe the lowest duty of care to trespassers and are generally not liable for injuries sustained by trespassers on their property. However, property owners must refrain from engaging in intentional misconduct or willful negligence that could harm trespassers. Furthermore, property owners may be liable for injuries to trespassing children resulting from certain hazardous conditions on the property.
How a Fort Myers Premises Liability Attorney Can Establish Your Claim
A premises liability lawsuit in Fort Myers can arise when individuals suffer injuries due to hazardous conditions on another person’s property. To establish liability in such cases, Fort Myers premises liability attorney Larry Moskowitz employs a strategic approach focused on proving each legal element required for a successful claim.
Proving Knowledge of Hazardous Condition
The first step in proving liability is demonstrating that the property owner or liable party knew about, or should have known about, the hazardous condition on the property. Larry Moskowitz conducts thorough investigations to gather evidence showing that the property owner was aware of the dangerous situation or should have discovered it through reasonable inspections or maintenance practices.
Establishing Failure to Act
Once knowledge of the hazardous condition is established, attorney Moskowitz shifts his focus to proving that the property owner failed to take appropriate action to address the danger. This may involve demonstrating neglect in repairing the hazardous condition or failing to provide adequate warnings to visitors about the potential risks. Moskowitz meticulously gathers evidence, such as maintenance records, communication logs, or witness testimonies, to support this claim.
Demonstrating Direct Injury
In addition to proving the property owner’s knowledge and failure to act, Moskowitz must establish a direct link between the hazardous condition and the plaintiff’s injuries. Through medical records, expert testimonies, and other forms of evidence, Moskowitz demonstrates how the dangerous condition directly contributed to the plaintiff’s injuries, resulting in physical harm, emotional distress, or financial losses.
Utilizing Evidence and Legal Expertise
To effectively prove each legal element required for liability, Moskowitz utilizes various strategies devised according to the facts of each case. His decades of experience and legal acumen help him uncover and analyze critical evidence, such as surveillance footage, accident reports, and expert opinions, to strengthen his client’s claim. Moskowitz’s aggressive negotiation skills and trial capabilities pave the way for his clients to receive the maximum compensation they deserve for their serious injuries.
Proving a Business Establishment’s Knowledge of Premises Liability
Florida Statutes § 768.0755 mandates that business establishments must have actual or constructive knowledge of a hazardous condition to be liable in premises liability cases. Fort Myers premises liability lawyer Larry Moskowitz addresses these legal nuances, employing various strategies to prove the establishment’s knowledge.
Scenario 1: Slippery Floor in a Grocery Store
In this scenario, a customer slips and falls on a wet floor in a grocery store aisle. Moskowitz investigates by obtaining surveillance footage showing the spill occurring and how long it remained unaddressed. He interviews witnesses, including store employees and other customers, who observed the hazard before the accident.
Larry Moskowitz will scrutinize the store’s maintenance records to reveal any lapses in routine inspections or cleaning protocols, indicating the establishment’s knowledge of the dangerous condition.
Scenario 2: Broken Handrail in an Apartment Complex
A tenant falls down a flight of stairs due to a broken handrail in their apartment complex. Moskowitz thoroughly examines the property, documenting the defective handrail and any signs of disrepair. He interviews neighboring tenants who confirm that the handrail had been broken for an extended period, suggesting the landlord’s constructive knowledge.
Attorney Moskowitz can subpoena maintenance records and communication logs between tenants and property management to demonstrate a lack of action despite prior complaints, further establishing the landlord’s awareness.
Scenario 3: Uneven Pavement Outside a Building
A patron trips and injures themselves on uneven pavement outside a building. Attorney Moskowitz inspects the sidewalk, noting the extent of the pavement irregularity and its proximity to the establishment’s entrance. He gathers testimonies from neighboring businesses or pedestrians who frequent the area, affirming that the hazardous condition had existed for a significant duration.
Larry Moskowitz wil request city records indicating prior complaints or citations regarding the sidewalk’s condition, reinforcing the argument of the building owner’s constructive knowledge.
Scenario 4: Spilled Beverage in a Fast-Food Restaurant
A customer slips on a spilled beverage in a fast-food restaurant, sustaining injuries. Moskowitz reviews surveillance footage capturing the spill and observes the duration before it was cleaned or cordoned off. He interviews employees to ascertain their knowledge of the spill and their responsibilities for monitoring and addressing such hazards.
Attorney Moskowitz will review the restaurant’s training protocols and employee manuals to determine whether adequate procedures were established to promptly identify and remedy spills, bolstering the case for the establishment’s actual knowledge.
Get a Proven and Trusted Premises Liability Lawyer in Fort Myers
Looking for a Fort Myers premises liability attorney who delivers results? Look no further than Larry Moskowitz. With a formidable record of large settlements and trial verdicts for injured victims, Larry has proven that he is a force to be reckoned with in any premises liability claim. His aggressive approach and relentless pursuit of justice have led to millions of dollars in compensation for his clients, holding negligent property owners and managers accountable for their actions.
Don’t settle for less when it comes to premises liability claims – choose Larry Moskowitz, a seasoned litigator who gets the job done. Call us now at 866-312-0708 to schedule your free case evaluation.