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Fort Myers Premises Liability Lawyer
When Property Owners Fail to Maintain Safe Conditions — Serious Injuries Result
Property owners in Fort Myers and Lee County have a legal duty to maintain reasonably safe conditions for visitors. When they fail — through negligent security, dangerous property conditions, inadequate maintenance, or failure to warn of hazards — and you are injured as a result, you have the right to hold them accountable.
Carlos D. Cabrera spent years defending insurance companies and knows how property owners and their insurers defend premises liability claims. He begins building the counter-strategy from day one.
Case Result: High Six-Figure Settlement — Event Venue Premises Injury
| Case Overview | Details |
|---|---|
| The Situation | Our client, an out-of-state tourist visiting a major Florida event, was seriously injured due to a dangerous condition at the venue. |
| What we did | Carlos D. Cabrera met with the client in person the same day of the injury. We immediately documented the scene, preserved evidence, and began building the case before the client returned home. |
| The result | We recovered a high six-figure settlement — without litigation — by demonstrating clear liability and the full extent of our client’s damages. |
| The lesson | Premises liability cases involving tourists require immediate action. Evidence disappears, witnesses scatter, and out-of-state clients need attorneys who will take decisive action from day one. |
Past results do not guarantee future outcomes. Every case is evaluated on its individual facts.
Types of Premises Liability Cases We Handle in Fort Myers
Negligent Security
Property owners have a duty to provide reasonable security measures when criminal activity is foreseeable. This includes adequate lighting, security personnel, functioning locks, surveillance systems, and access controls. When they fail and you are the victim of an assault, robbery, or other crime, the property owner may be liable.
Common negligent security locations in Fort Myers and Lee County:
- Hotels and resorts
- Parking lots and garages
- Apartment complexes
- Shopping centers (Edison Mall, Bell Tower Shops, Gulf Coast Town Center)
- Nightclubs and bars
- ATM locations
Swimming Pool Accidents
Southwest Florida’s year-round swimming climate makes pool accidents tragically common. Property owners must maintain proper fencing, functioning drain covers, adequate supervision (where applicable), and safe pool conditions. Drownings and near-drownings can cause catastrophic brain injuries.
With Lee County’s significant population of retirees, condominiums, and resort properties, pool safety is a critical concern.
Elevator and Escalator Injuries
Malfunctioning elevators and escalators can cause serious injuries including falls, crushing injuries, and entrapment. Property owners and maintenance companies may be liable for failing to properly maintain and inspect this equipment.
Dog Bites
Under Florida Statute 767.04, dog owners are strictly liable for bite injuries — regardless of whether the dog has a history of aggression. There is no “one free bite” rule in Florida.
Falling Objects
Merchandise, ceiling fixtures, construction materials, and other falling objects can cause serious head injuries. Property owners must properly secure items and warn of overhead hazards.
Dangerous Property Conditions
This includes uneven flooring, broken stairs, missing handrails, inadequate lighting, exposed wiring, and other hazardous conditions that the property owner knew or should have known about.
Visitor Status Matters: Invitee, Licensee, or Trespasser
Florida law imposes different duties depending on your status when you entered the property:
Invitees (customers, hotel guests, business visitors) — Property owners owe the highest duty of care: to inspect the premises and correct or warn of any dangerous conditions.
Licensees (social guests) — Property owners must warn of known dangerous conditions that are not obvious.
Trespassers — Property owners generally owe no duty except to refrain from intentional harm. However, Florida’s attractive nuisance doctrine creates special duties when children are involved — such as requiring pool fencing even when children are trespassing.
What to Do After a Premises Injury in Fort Myers
- Report the incident — Notify management and insist on a written incident report
- Photograph the hazard — Document exactly what caused your injury before it is corrected
- Photograph your injuries — Document visible injuries immediately and as they develop
- Get witness information — Names and phone numbers of anyone who saw the incident
- Seek medical attention — Document your injuries with medical records
- Do NOT give recorded statements — Decline until you have an attorney
- Contact Florida Advocates immediately — We preserve surveillance footage before it is deleted
Fort Myers Premises Liability Resources
Hospitals & Trauma Centers
Lee Memorial Hospital
2776 Cleveland Avenue, Fort Myers, FL 33901
Phone: (239) 332-1111
Gulf Coast Medical Center (Level II Trauma Center)
13681 Doctor’s Way, Fort Myers, FL 33912
Phone: (239) 343-2000
Courts
Lee County Justice Center
1700 Monroe Street, Fort Myers, FL 33901
Phone: 239) 533-2000
About Attorney Carlos D. Cabrera
Carlos D. Cabrera represents injury victims at Florida Advocates. Before representing injury victims, Carlos spent years defending insurance companies. He knows how property owners and their insurers defend these cases because he used to work on the other side.
Education
- J.D. — St. Thomas University College of Law (2000)
- Managing Editor, St. Thomas Law Review
- B.A. English — Florida International University (1994)
Bar Admissions
- The Florida Bar
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
Credentials & Recognitions
- Million Dollar Advocates Forum Member
- Multi-Million Dollar Advocates Forum Member
- Florida Legal Elite Recognition
- Lead Counsel Verified (Appellate, since 2015)
- Former Insurance Defense Counsel
Insurance Insider Background
Worked as insurance defense counsel before law school. Recruited by a personal injury firm. Throughout his legal career has represented both insurance companies and injury victims — which gives him a perspective most personal injury Lawyers simply do not have.
Learn more about Carlos D. Cabrera →
Frequently Asked Questions
What is premises liability?
Premises liability is the legal principle that property owners and occupiers have a duty to maintain reasonably safe conditions for visitors. When they fail in this duty and someone is injured, the property owner may be held liable for damages.
What types of injuries fall under premises liability?
Premises liability covers a wide range of injuries including slip and falls, negligent security (assaults, robberies), swimming pool accidents, elevator and escalator injuries, dog bites, falling objects, inadequate lighting injuries, and dangerous property conditions.
Does Florida have strict liability for dog bites?
Yes. Under Florida Statute 767.04, dog owners are strictly liable for bite injuries regardless of whether the dog has a history of aggression. There is no “one free bite” rule in Florida.
How long do I have to file a premises liability claim in Florida?
Florida’s statute of limitations is two years from the date of injury. However, evidence like surveillance footage may be deleted within days — contact an attorney immediately.
What does it cost to hire Florida Advocates?
Nothing unless we win. We handle premises liability cases on a contingency fee basis.
Serving Premises Liability Victims Throughout Lee County
Florida Advocates represents premises liability victims in Fort Myers and throughout Lee County and Southwest Florida, including:
Cape Coral | Lehigh Acres | Bonita Springs | Naples | Estero| Sanibel Island
Contact a Fort Myers Premises Liability Lawyer
If you were injured on someone else’s property in Fort Myers, contact Florida Advocates today for a free consultation.
Phone: 754-263-4252
Email: info@fladvocates.com
Call us for a free consultation. You pay nothing unless we recover for you. After all, isn’t that what family would do?
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Fill out the contact form or call us at 754-290-3803 to schedule your free consultation.
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