Miami Premises Liability Lawyer - When Dangerous Property Conditions Cause Injuries
Property owners and businesses have a legal duty to keep their premises reasonably safe. When they fail - and someone gets hurt because of a dangerous condition they knew about or should have known about - they can be held liable. If you were injured on someone else's property in Miami, you may have a premises liability claim.
At Connect Attorneys, we represent premises liability victims across Miami-Dade County. No fees or costs unless we recover compensation for you.
1-833-77CONNECTFlorida Premises Liability Law - What You Need to Know
Burden of Proof Under F.S. §768.0755
Florida's premises liability statute, F.S. §768.0755 (enacted in 2010), places the burden on the injured person to prove that the property owner or operator knew or should have known about the dangerous condition. This is a significant legal hurdle. Before 2010, Florida law was more favorable to injured parties - property owners had to prove they did not know about the hazard. Under current law, you must affirmatively show that the owner had actual or constructive knowledge of the danger.
Constructive knowledge can be established by showing that the dangerous condition existed for a sufficient length of time that the property owner should have discovered it through the exercise of ordinary care, or that the condition occurred with regularity and was therefore foreseeable.
Duty of Care by Visitor Status
Florida law distinguishes between different categories of visitors, each owed a different level of care:
- Invitees - Customers, shoppers, hotel guests, and anyone invited onto the property for business purposes. Property owners owe invitees the highest duty of care: to maintain the premises in a reasonably safe condition, to inspect for hazards, and to warn of or correct known dangers.
- Licensees - Social guests and others on the property with permission but not for a business purpose. Property owners must warn licensees of known hazards that are not obvious.
- Trespassers - Property owners generally owe a minimal duty to trespassers - they may not intentionally cause harm. However, special rules apply to child trespassers under the "attractive nuisance" doctrine, particularly regarding swimming pools and other features that may attract children.
Statute of Limitations and Comparative Fault
Under F.S. §95.11(3), you have two years from the date of your injury to file a premises liability lawsuit. Under Florida's modified comparative negligence system (F.S. §768.81), your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you generally recover nothing.
Questions about how Florida premises liability law applies to your case? Call 1-833-77CONNECT. Se habla español.
Types of Property Hazards That Cause Injuries
Premises liability covers a wide range of dangerous conditions. The most common hazards we see in Miami premises liability cases include:
- Wet and slippery floors - Spills, recently mopped floors without warning signs, rainwater tracked into entrances, and leaking fixtures. These are among the most common causes of slip and fall injuries in Miami.
- Poor lighting - Inadequate lighting in parking lots, stairwells, hallways, and walkways that prevents visitors from seeing hazards or makes them vulnerable to criminal attacks.
- Defective stairs and handrails - Broken steps, missing handrails, uneven risers, and worn stair treads that cause falls.
- Uneven surfaces and broken pavement - Cracked sidewalks, potholes, uneven floor transitions, and damaged walkways.
- Swimming pool accidents - Lack of fencing, broken pool drains, inadequate supervision, slippery pool decks, and failure to comply with Florida's residential pool safety requirements.
- Negligent security - Failure to provide adequate security measures (locks, cameras, security personnel, lighting) in areas with foreseeable criminal activity. These claims are common in Miami apartment complexes, parking garages, hotels, and nightlife venues.
- Dog bites and animal attacks - Property owners who harbor dangerous animals or fail to control pets on their property.
- Falling objects and debris - Merchandise falling from shelves, construction debris, and improperly stored materials.
Common Locations for Premises Liability Claims in Miami
Premises liability injuries can occur anywhere, but certain locations in Miami see higher volumes of claims:
- Hotels and resorts - Miami Beach, Brickell, and Downtown hotels where high guest volumes create maintenance challenges
- Shopping malls and retail stores - Dadeland Mall, Aventura Mall, Dolphin Mall, and the shops along Lincoln Road
- Restaurants and bars - Spills, wet kitchen floors, and negligent security at nightlife venues
- Apartment complexes and condominiums - Common areas, parking garages, pools, and building entryways
- Grocery stores and supermarkets - Spills in aisles, produce sections, and near freezer cases
- Office buildings - Lobbies, elevators, stairwells, and parking structures
Our Miami personal injury attorneys also handle workplace injury cases that may involve premises liability claims against third-party property owners.
Injured by a dangerous property condition in Miami? Call 1-833-77CONNECT. Se habla español.
Damages in a Miami Premises Liability Case
If you were injured due to a dangerous condition on someone else's property, you may recover compensation for:
- Medical expenses - emergency treatment, surgery, hospitalization, physical therapy, and future medical care
- Lost wages - income lost during recovery and diminished future earning capacity
- Pain and suffering - physical pain and emotional distress
- Disability and disfigurement
- Loss of enjoyment of life
After a premises liability accident, it is important to document the scene immediately - take photographs of the hazardous condition, your injuries, and the surrounding area. Report the incident to the property owner or manager and seek medical attention promptly. If your injuries are covered by PIP ($10,000 under F.S. §627.736), remember to seek treatment within 14 days to preserve your benefits.
Want to understand what your premises liability case may be worth? Call 1-833-77CONNECT. Se habla español.
Miami Premises Liability Lawyer - Frequently Asked Questions
These FAQs provide general information about Florida law and are not legal advice. The answers may not apply to your specific situation. Consult with an attorney for guidance on your particular case.
What do I need to prove in a Florida premises liability case?
Under F.S. §768.0755, if you were injured by a transient substance (such as a wet floor or spilled liquid), you must prove that the property owner or operator knew or should have known about the dangerous condition and failed to take reasonable steps to address it. This can be shown through evidence that the condition existed for a sufficient length of time that the owner should have discovered it, or through evidence of recurring conditions that the owner should have anticipated.
How long do I have to file a premises liability lawsuit in Florida?
Under F.S. §95.11(3), you generally have two years from the date of the injury to file a premises liability lawsuit in Florida. Missing this deadline typically means losing your right to pursue compensation.
Can I sue a business if I slipped and fell in their store?
You may have a claim if the business knew or should have known about the hazardous condition that caused your fall and failed to address it. Common examples include wet floors without warning signs, spilled merchandise, uneven flooring, and inadequate lighting. The key question is whether the business took reasonable steps to keep its premises safe. See our slip and fall page for more details.
What is negligent security and how does it relate to premises liability?
Negligent security is a type of premises liability claim where a property owner fails to provide adequate security measures - such as functioning locks, proper lighting, security cameras, or security personnel - and a criminal act (assault, robbery, shooting) occurs as a result. Property owners in high-crime areas generally have a greater duty to provide security. These claims are common in apartment complexes, parking garages, hotels, and nightclubs in Miami.
How much does a Miami premises liability lawyer cost?
At Connect Attorneys, we handle premises liability cases on a contingency fee basis. No fees or costs unless we recover compensation for you. The initial consultation is always free.
Have a question not listed here? Call 1-833-77CONNECT. Se habla español.
Injured on Someone Else's Property in Miami?
Property owners have a duty to keep their premises safe. When they fail, our attorneys hold them accountable. We handle the investigation, the evidence preservation, and the legal fight - so you can focus on recovering.
1-833-77CONNECTConnect Attorneys PLLC
701 Brickell Avenue, Suite 1550
Miami, FL 33131
No fees or costs unless we recover compensation for you.
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