Defendant's Attorney: Fort Myers, Florida Insurance defense lawyers represented the Defendant.

Description: Fort Myers, Florida personal injury lawyer represented the Plaintiff who sued the Defendant on premises liability negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the Hendry Count Clerk of Court, 2023-CA-187, and was removed to federal court by the Defendant.

Plaintiff filed a motion to remand based on lack of federal court jurisdiction.

Understanding Florida Premises Liability Law:

This legal field in Florida holds property owners accountable for injuries sustained by visitors due to hazardous conditions on their property. The type of duty they owe depends on the visitor's status:

Invitee: Someone invited onto the property for the owner's benefit (e.g., customers, delivery personnel). Owners owe the highest duty of care to invitees, requiring them to:
Maintain the property in a reasonably safe condition.
Warn invitees of any hidden dangers they know or should know about.
Take reasonable steps to protect invitees from harm.
Licensee: Someone entering the property with the owner's permission but for their own benefit (e.g., social guests). The owner owes licensees a lower duty of care, meaning they must:
Warn licensees of any hidden dangers they know about.
Avoid willful or wanton conduct that causes harm.
Trespasser: Someone entering the property without the owner's permission. The owner has the least duty of care to trespassers, which means they must:
Avoid using excessive force to remove them.
Not intentionally injure them.

Proving Negligence:

To win a premises liability case in Florida, you must prove:

The owner owed you a duty of care.
The owner breached that duty by failing to maintain the property in a reasonably safe condition or by failing to warn of hidden dangers.
The breach of duty caused your injuries.
You suffered damages (e.g., medical bills, lost wages, pain and suffering).

Common examples of premises liability cases in Florida:

Slip and fall accidents due to wet floors, uneven surfaces, or inadequate lighting.
Injuries from falling objects due to faulty maintenance or unsecured structures.
Swimming pool accidents due to lack of fencing, missing safety equipment, or inadequate supervision.
Dog bites caused by an owner's negligence in controlling their pet.
Injuries from criminal activity due to inadequate security measures.

Additional Notes:

Even if you contributed to your injury, Florida's pure comparative negligence law allows you to recover damages, but your award will be reduced by your percentage of fault.
There is a 4-year statute of limitations to file a lawsuit after the incident.

Outcome: Plaintiff Wanda Gordon's Motion for Remand (Doc. 16) is GRANTED. The Clerk is DIRECTED to send a certified copy of this Order to the Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Hendry County, Florida. The Clerk is DIRECTED to terminate any deadlines, deny any motions as moot, and close the case. Signed by Judge Sheri Polster Chappell on 12/12/2023. (AEH) (Entered: 12/12/2023)

Plaintiff's Experts:

Defendant's Experts:

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