Defective Property Conditions

Property owners in Florida have a legal obligation to maintain their premises in reasonably safe condition in order not to cause harm to people who enter the land. If you or a loved one has been hurt because of defective property conditions in the Fort Myers area, you may want to seek guidance from a knowledgeable premises liability attorney. We believe that negligent property owners should be held accountable for the harm they cause. At Lusk, Drasites & Tolisano, our team understands how to investigate defective property claims and can put our skills to use in your case.

Some examples of defective property conditions include structural issues, faulty stairs or steps, foundational cracks in concrete, inadequate lighting, exposed wires, loose shelving, and uneven floor boards. These problems may give rise to premises liability claims when they cause an accident. Premises liability is a legal theory under which injured individuals can try to hold negligent property owners responsible for their actions.

The degree of care that a property owner must use depends on how the victim is classified in terms of his or her presence on the premises. For example, a property owner owes the highest duty of care to invitees or customers who are on the premises for business purposes. When it comes to invitees, the property owner must make reasonable inspections of the premises and address any dangerous situations of which it knows or should know. If the hazard cannot be immediately corrected, property owners have a duty to warn invitees of the defect’s existence so they can protect themselves.

A duty of care is also owed to a licensee, who is someone on the property for a non-business purpose. Property owners must fix dangers or warn licensees of defective conditions. In some limited instances, there may be a duty owed to child trespassers. However, a property owner typically does not owe a duty to adult trespassers, other than refraining from causing intentional harm.

The damages available to a victim in a premises liability claim may include medical bills, pain and suffering, lost income, and the costs of future treatment. Our attorneys can work diligently to identify the various types of harm that you suffered and seek compensation accordingly. The money can be obtained as a lump-sum amount or through installments over a set period of time.

It is important to note that premises liability claims must be filed within a certain time frame, known as the statute of limitations. The general rule is that personal injury lawsuits must be filed within four years of the date of the accident. There are rare cases for which different deadlines may apply. In any case, if you are thinking of pursuing a premises liability claim, it is best to act sooner rather than later.

Defective property conditions can lead to serious accidents. If you have been involved in a slip and fall in Fort Myers or the surrounding cities, the injury lawyers at Lusk, Drasites & Tolisano may be able to help you pursue compensation. We also serve clients in Naples, Port Charlotte, Lehigh Acres, and Sarasota, among other areas. For more information and to set up a free consultation, call us at (800) 283-7442 or contact us through our online form today.