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Miami Beach · Premises liability
Hotels, condo towers, stores and garages in Miami Beach have a duty to keep their property reasonably safe for the people they invite in.
Premises liability covers injuries caused by a dangerous condition on someone else's property. In Miami Beach, that often means older buildings next to new towers, salt air that wears down railings and stairs, and properties that see heavy foot traffic all year. Tomas Robirosa is a Miami Beach premises liability lawyer who helps people hurt by unsafe property hold the right owner or manager accountable.
Slips on spills get most of the attention, but many premises injuries come from the building itself:
When the danger is a crime rather than a defect, such as an attack in a poorly secured garage or lobby, the claim is usually handled as negligent security.
Ownership is often split. A hotel may be owned by one company and run by another. In a condo tower, the association generally maintains the common elements under its governing documents and Florida's Condominium Act, Chapter 718, while unit owners handle their own units. Stores and restaurants may lease their space, and outside contractors often handle maintenance, pools and security.
Your status also matters. Florida law generally gives the highest duty to invited guests and customers, a lesser one to social guests, and less still to trespassers. A hotel guest, a delivery driver and a neighbor visiting a friend may be owed different things.
The central question is whether the owner knew, or should have known, about the danger and had time to fix it or warn people. Maintenance logs, past complaints, repair invoices, inspection reports and video can answer that. Some of it is erased or thrown away on a schedule, so it helps to ask for it early.
Florida's modified comparative negligence rule generally bars recovery if you are more than 50% at fault. Get medical care, photograph the condition and keep any incident report. Read more on our premises liability page or call (305) 600-0529.
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Your Attorney
Tomas Robirosa is the founding attorney of Robirosa Accident & Injury Law. He built his practice around careful preparation and personal attention: when you hire the firm, you talk to your lawyer, in English or Spanish, and you always know where your case stands.
He graduated cum laude from Nova Southeastern University’s Shepard Broad College of Law, is a Florida Supreme Court Certified Circuit Civil Mediator, and is admitted to practice in Florida state courts and the U.S. District Court for the Southern District of Florida.
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