Property Injury Attorney
Miami Premises Liability Attorney
When a property owner fails to maintain safe premises and you suffer an injury, you have the right to seek compensation. Our attorneys have recovered millions for premises injury victims throughout South Florida.
Featured Result: $750,000 — Client injured by defective stairway at commercial property
Results vary. Every case is different.
What To Do After Being Injured on a Property
Suffering an injury on someone else's property can be confusing and overwhelming. The steps you take immediately after the incident can significantly impact the strength of your legal claim. Here is what you should do to protect your rights and maximize your compensation.
- Report the incident immediately. Notify the property owner, manager, or employee. Request that an official incident report be completed and obtain a copy. This document is critical evidence.
- Document the scene. Take photos and videos of the dangerous condition that caused your injury: wet floors without signage, broken stairs, poor lighting, loose handrails, or any other defect. Capture images of your visible injuries as well.
- Identify witnesses. Get names, phone numbers, and email addresses of anyone who witnessed the incident. Independent witness testimony significantly strengthens your case.
- Seek immediate medical attention. Visit the emergency room or your doctor as soon as possible, even if your injuries seem minor. Internal injuries and traumatic brain injuries may not show immediate symptoms.
- Do not admit fault or sign documents. Do not say "it was my fault" or sign waiver forms. Do not give recorded statements to the property's insurance company without first consulting an attorney.
- Contact a premises liability attorney. An experienced attorney can investigate the incident, preserve evidence, identify all responsible parties, and negotiate with insurance companies on your behalf.
Understanding Premises Liability in Florida
Under Florida law, property owners and occupants have a legal duty to maintain their premises in a reasonably safe condition. When they breach this duty and someone is injured as a result, they may be held liable for damages.
The level of care a property owner must provide depends on the legal status of the visitor:
Invitees
Invitees are individuals who enter the property for a commercial purpose, such as store customers or hotel guests. Property owners owe invitees the highest level of care. They must regularly inspect the property, repair dangerous conditions, and warn of known hazards.
Licensees
Licensees are social visitors or individuals who enter with the owner's permission for their own purpose. Property owners must warn licensees about hidden dangerous conditions they know about.
Trespassers
Trespassers enter without permission. While the duty of care is lower, property owners cannot create intentional traps or cause deliberate harm. For child trespassers, the "attractive nuisance doctrine" applies, such as unfenced swimming pools.
Commercial vs. Residential Property
Commercial property cases include stores, restaurants, hotels, shopping centers, offices, and parking garages. Residential cases cover apartments, condominiums, rental homes, and homeowner associations. Commercial properties generally face greater inspection and maintenance obligations.
Common Injuries in Premises Liability Cases
How Compensation Is Calculated
Compensation in a premises liability case is based on several factors that reflect the total impact of your injuries on your life. Damages may include:
- Medical expenses: All past and future treatment costs, including surgeries, hospitalization, rehabilitation, medications, and medical equipment.
- Lost wages: Income you missed during recovery, as well as future reduction in earning capacity if your injuries prevent you from working as before.
- Pain and suffering: Compensation for physical pain, emotional distress, anxiety, depression, and impact on your quality of life.
- Property damage: Repair or replacement of personal items damaged in the incident.
- Loss of enjoyment of life: When your injuries prevent you from participating in activities you enjoyed before the accident.
Florida applies modified comparative negligence, meaning your compensation may be reduced proportionally if you share some fault. However, if you are found more than 50% responsible, you cannot recover damages.
Why You Need a Premises Liability Attorney
Premises liability cases are complex because they require proving that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to correct it. Property insurance companies have experienced legal teams whose goal is to minimize or deny your claim.
An experienced premises liability attorney can: investigate the property's maintenance history, obtain records of prior complaints and code violations, hire safety and engineering experts, calculate the full value of your damages including future costs, and aggressively negotiate with insurers to secure fair compensation.
At Get Justice Miami, we work on a contingency fee basis: you pay nothing unless we win your case. Our bilingual team understands the unique challenges faced by property injury victims and will fight tirelessly for your rights.
Florida Statute of Limitations
In Florida, the statute of limitations for premises liability cases is 2 years from the date the injury occurred. This deadline was reduced from 4 years to 2 years in 2023 under Florida's tort reform (HB 837).
There are limited exceptions, such as when the injury is not immediately discovered (discovery rule) or when the victim is a minor. However, waiting too long can result in the loss of crucial evidence and weaken your case. Contact us immediately to protect your rights.
Frequently Asked Questions About Premises Liability
Premises liability is an area of law that holds property owners and occupants responsible for injuries caused to visitors due to dangerous conditions on their property. In Florida, property owners must maintain their properties in a reasonably safe condition for visitors.
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