In Florida, property owners are generally liable for those injuries that another person suffers while on their property. The legal term for this type of liability is referred to as…
Miami Premises Liability Lawyer
If you were injured at someone else’s home or a commercial property, the person or entity responsible for maintaining the premises can be found liable. This can apply to a wide array of scenarios including but not limited to slip and falls, dog bites, assaults and falling objects. In Florida, a property owner or business establishment is ultimately responsible for the care, maintenance and inspection of their property. Premises liability is the body of law which makes the person or entity in possession of land or a building responsible for injuries suffered by individuals on the property. It has always been the case that a landowner has a duty to exercise reasonable care for the protection of invitees. At Suarez & Montero, our goal is to maximize your compensation and seek justice for injured victims. The Miami premises liability attorneys at Suarez & Montero have been representing those injured in premises liability accidents for over 19 years. Our record of settlements and case results speak volumes. Our team will work hard to determine the cause of your injury and develop a strong premises liability case against the at fault party. When you hire our firm, your case will receive the care and attention it deserves.
Basics of Premises Liability
At Suarez & Montero, we believe knowledge is power. Below we will provide a brief overview of premises liability in Florida so that you can learn about the legal principles which ultimately give you the right to obtain compensation for your injury. Florida law requires an owner to use reasonable care to ascertain that the premises are reasonably safe for invitees and to use reasonable care to protect invitees from unreasonably dangerous conditions. The duty to protect invitees from unreasonably dangerous conditions is further broken down into two specific and independent duties: (1) to use reasonable care in maintaining the property in a reasonably safe condition; and (2) to warn of dangers of which the owner knew, or should have known, existed and which are unknown to the invitee and cannot be discovered through the invitee’s use of reasonable care. In a premises liability case, injury victims must prove negligence. This means simple carelessness. Negligence states that we owe a duty of care to others. This means that property owners or business entities must manage or control their premises in a way that does not put others at risk of bodily harm. Under Florida law, injury victims are required to prove their claims by the greater weight of the evidence. This is known as the burden of proof. If the burden of proof is met, property owners and business operators must pay money damages for the harm they cause.
Types of Florida Premises Liability Cases
As discussed above, persons who own or occupy premises may be liable for the injury to or death of a person on or near the premises that are under their occupation or control. Liability, under a cause of action for premises liability, is based on the negligence of the property owner or occupant in allowing licensees and invitees to enter an area on the property, without warning, where that owner or occupant could foresee that such persons might be injured by a dangerous condition on the property that is not readily apparent. Our premises liability attorneys have handled almost every type of premises liability case imaginable. We will apply our legal resources and years of experience to your advantage. Whether you have been injured at a shopping plaza, hotel, apartment building, condominium building, amusement park or public event, we can help. Our legal team has the skills to prove fault based on a property owner’s negligent actions, involving the following types of claims:
We aggressively hold residential and commercial property owners accountable for failing to take appropriate measures to avoid the existence of slippery floor.
Property owners are responsible for providing appropriate security measures to avoid harmful situations. We have experience pursuing damages against property owners who failed to ensure their property had proper lighting, trained security and other appropriate safety measures.
Failure to Repair:
These types of claims may involve broken railings, broken or poorly designed stairs or decks that could result in serious injuries. In all premises liability claims we seek to hold the property owners responsible for failing to maintain their premises.
Condominium & Apartment Building Accidents:
We take on condominium associations for failing to properly maintain their premises and provide adequate security.
Accidents at Schools:
When students are injured at school due to inadequate or no supervision, our premises liability attorneys will take action and pursues damages against schools for failing to maintain a safe environment for students.
Florida Premises Liability Law and Safety Rules
In a premises liability lawsuit, a complaint should allege distinctly every fact essential to the plaintiff’s claim. A plaintiff in a premises liability action must allege the defendant’s duty to the plaintiff and the defendant’s breach of that duty by alleging ultimate facts that show a relationship from which a duty is implied by law, and the acts and omissions that caused the injury, together with the allegation that they were negligently done or omitted; that the defendant had possession and control of the injury-causing instrumentality; that the defendant failed to warn the plaintiff of concealed dangers; and that the plaintiff’s injury was a proximate cause of the defendant’s negligence. The duty to protect others from injury resulting from a dangerous condition on the premises rests on the right to possession and control of the premises. This means that it is not ownership of property that determines one’s liability, it is whether the party has the ability to exercise control over the premises. The fact that there may be joint responsibility or control over the premises does not relieve one of the persons having such joint responsibility or control from the responsibility to maintain the premises in a reasonably safe control access to the property.
Compensation in Premises Liability Cases
If you were injured on someone else’s property, you may have the right to a monetary recovery. When you pursue compensation in a premises liability case, there are multiple types of damages you can request. These depend on your specific circumstances, as each type may not be relevant to your case. Additionally, the value of each class of compensation will vary depending on your circumstances and other factors. Here are some of the types of compensation available in premises liability cases:
- Medical Bills and Expenses
- Future Medical Care
- Lost Wages
- Loss of Earning Capacity
- Scarring and Disfigurement
- Pain and Suffering
Representing Victims of Premises Liability Accidents in Miami, Florida
Premises liability cases can present complex legal issues and can take a lot of resources to litigate properly. The appropriate liable parties will need to be identified and the scope of your recovery needs will have to be determined. You can seek damages for you medical expenses, lost wages and more. An experienced premises liability attorney can help you decide what personal damages are compensable in your particular situation. Our firm has more than 19 years litigating premises liability accident claims and we offer a strong voice to help accident victims hold property owners accountable for their negligent actions.
Contact Our Miami Premises Liability Lawyer Today
We represent victims and families in all premises liability claims. We know families have many concerns following an injury. As legal advocates, we make it our job to help you understand your rights, including the right to recover damages. If you sustained injuries on someone else’s property, you shouldn’t have to bear the entire financial weight of those injuries. Property owners should be held accountable for maintaining their properties in a reasonably safe manner. Assess the strength of your claim by speaking with a miami premises liability lawyer who is familiar with Florida’s premises liability laws. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
When a person visits a mall, movie theater, nightclub, bar, or other public premises, they trust the property owner has done their due diligence to keep the premises safe. Negligent…
As a personal injury law firm, we represent many injured victims who have been injured by dangerous conditions on public property. Slip and fall cases occur quite frequently in places…
Frequently Asked Questions
In Florida, a premises liability action is a type of negligence action with a statute of limitations period of four years.
Dangerous conditions on property can result in severe injuries ranging from serious and catastrophic injuries such as: Injuries to the feet, injuries to the ankles or legs, twisted knees or ankles, pulled muscles, bruising, cuts and abrasions, fractured or broken bones, brain injuries, back injuries.
Yes, you can sue the government for a premises liability claim. The process of suing any governmental agency is complicated. That is why it is in your best interests to consult with a Miami premises liability lawyer to determine what your rights are and what limitations they apply to your claim. For example, the federal government and most state and local governments have strict rules for filing injury claims. Most require the injured person first to file a “Notice of Claim.”
No, in order to successfully pursue a premises liability case, your accident must be somebody else’s fault.
One of the best ways to do this in Florida is to go online and visit the Property Appraiser’s website in the County where your accident occurred. There you can find out the name and contact information for the owner of the property.