Property owners, businesses, landlords, and condominium associations must keep their premises reasonably safe for people who are lawfully there. When a broken step, wet floor, poor lighting, or neglected repair causes a serious injury, you may have a premises liability claim. Miami premises liability lawyer Tomas Robirosa helps injured people in Miami-Dade, Broward, and Palm Beach counties hold negligent property owners accountable. Se habla español.
Types of Premises Liability Cases We Handle
Premises liability covers many kinds of injuries that happen because a property was not properly maintained or made safe:
- Slip and fallaccidents on wet floors, spilled liquids, or slick surfaces.
- Trip and fallaccidents caused by uneven sidewalks, broken tiles, loose carpet, cords, potholes in parking lots, and unmarked changes in floor height.
- Negligent maintenance, such as broken handrails, collapsing stairs, rotten decking, failed elevators or escalators, and falling objects.
- Inadequate lightingin stairwells, parking garages, and walkways.
- Negligent security, when an owner fails to take reasonable steps to prevent foreseeable crimes.
- Swimming pool injuriescaused by missing gates, broken drains, or lack of required safety measures.
- Injuries in condos and apartmentscaused by poorly maintained common areas.
Where these injuries happen
We handle claims involving grocery stores, retail stores, restaurants, hotels, shopping centers, parking lots and garages, apartment complexes, condominium buildings, and other commercial and residential properties throughout South Florida.
What to do after an injury on someone's property
- Report the incident to the manager or owner and ask for a copy of the incident report.
- Photograph the exact condition that caused your injury before it is cleaned up or repaired.
- Get names and phone numbers of witnesses and employees.
- Keep the shoes and clothing you were wearing.
- Get medical care right away and follow your treatment plan.
- Ask us to request that the property preserve any surveillance video, which is often recorded over quickly.
Common Premises Liability Injuries
- FracturesFalls from broken stairs, uneven floors, or wet surfaces often cause broken bones.
- Head and brain injuriesFalls and falling objects can cause serious head injuries.
- Back and neck injuriesHazards on a property can lead to spinal injuries.
- Drowning and pool injuriesUnsafe pools and missing barriers can lead to tragic injuries.
Proving a Premises Liability Claim Under Florida Law
A property owner is not automatically responsible for every injury on its property. To succeed, an injured person generally must show that the owner or the party in control of the property knew or should have known about a dangerous condition and failed to fix it or warn about it.
Slip and falls in businesses
When someone slips on a "transitory foreign substance" (such as a spill) in a business establishment, Florida law requires proof that the business had actual or constructive knowledge of the condition. Constructive knowledge may be shown by evidence that the condition existed long enough that the business, using ordinary care, should have discovered it, or that the condition happened regularly and was therefore foreseeable.
Negligent maintenance
Many serious injuries come from conditions that developed over time: worn stairs, loose railings, water intrusion, rotting wood, or broken fixtures. Maintenance logs, inspection records, repair requests, and prior complaints can show that the owner knew about a problem and let it go.
Deadlines and shared fault
- Two-year deadlinefor most negligence claims arising after March 24, 2023.
- Modified comparative negligenceif you are found more than 50% at fault, you cannot recover; at 50% or less, your recovery is reduced by your share of fault. Property owners often argue that the hazard was "open and obvious" or that the injured person was not paying attention, so early evidence matters.
Compensation
Depending on the facts, you may be able to seek medical expenses, future treatment, lost income, pain and suffering, and other losses allowed by Florida law.
Related: slip and fall accidents, negligent security, condominium disputes. Request a free case review.
Florida Law at a Glance- Deadline to sue: for most negligence claims arising after March 24, 2023, Florida’s statute of limitations is two years.
- Shared fault: Florida uses modified comparative negligence. If you are found more than 50% at fault, you cannot recover damages; at 50% or less, your recovery is reduced by your share of fault.
How We Handle Your Case
- Step 1Free consultationWe listen to what happened, answer your questions, and explain your options in plain language, in English or Spanish.
- Step 2InvestigationWe gather the police or incident report, photos, video, witness statements, and every insurance policy that may apply.
- Step 3Documenting your lossesWe organize your medical records and bills, lost income, and other losses so nothing is overlooked.
- Step 4Negotiation or lawsuitWe present your claim to the insurance company and negotiate. If a fair resolution is not offered, we are prepared to file suit.
Frequently Asked Questions
What is premises liability in Florida?
Premises liability is the area of law that holds property owners and those in control of a property responsible when an unsafe condition they knew or should have known about causes injury to someone lawfully on the property.
Do I have to prove the store knew about the spill?
In a slip and fall on a transitory foreign substance in a business, Florida law requires proof that the business had actual or constructive knowledge of the dangerous condition. Constructive knowledge can be shown with evidence that the condition existed long enough that the business should have found it, or that it happened regularly and was foreseeable.
How long do I have to file a premises liability claim in Florida?
For most negligence claims arising after March 24, 2023, the statute of limitations is two years.
Can I sue my landlord or condo association for an injury?
Possibly. Landlords and associations that control common areas generally must maintain them in reasonably safe condition. Whether a claim exists depends on who controlled the area and what they knew.
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