Premises Liability

Premises Liability is a catch-all phrase used to describe accidents or incidents associated with real property. Landowners have a duty to maintain their property in a reasonably safe condition for people lawfully on the property. A slip (or trip) and fall is the most common example of a premises accident. Other examples include:

• Inadequate Security. Examples: A patron is robbed in the parking lot of a shopping mall. The shopping center has suffered a recent rash of similar robberies, but the center owner fails to increase security to address the risk. Sexual assault is another common crime resulting from inadequate security;
• Failure to prevent and correct dangerous conditions. Example: Water leakage from faulty pipes or ceilings causes dangerous mold to grow inside walls and infect those exposed to its toxic spores. The property owner knew or should have known of the leaks and the mold but failed to remediate the dangerous condition. Other examples include swimming pools without adequate gating to keep unsupervised children out, and dangerous filter systems inside pools that trap victims underwater;
• Nightclub Assault. A popular nightclub, putting profit over safety, allows overcrowding and underage drinking. Added to this dangerous stew are a lack of security and drinks sold in bottles and glass cups. An unruly patron, overreacting to being bumped accidentally, a situation caused by overcrowding, strikes a young patron in the face with a beer bottle, causing severe lacerations and the need for hospital emergency room care. (One of our cases against a popular Downtown Miami club.)
  
• Dog bites. Dog owners and even landlords may be responsible for unprovoked attacks by dogs on innocent victims.

Examples of Premises Liability injuries the firm has handled:

• Traumatic Brain Injury (TBI) (Herida cerebral traumática)
• Torn Rotator Cuff
• Herniated Disc
• Bi- and Tri-Malleoler Fractures
  
• Paralysis
• Crushed Bones
• Infected toe amputation
• Facial lacerations
  

Not every Premises Liability accident is actionable (i.e., a valid claim). Statutory and case law operate as guides in determining the legitimacy and value of claims. The premises liability lawyer must know the law, gather the facts, and persuade an adjuster, judge or jury of the justness of their client’s case.

Recommendations for when involved in a premises liability accident:

• Photograph the accident site
• Gather eyewitness information at the scene
• Seek needed medical care as soon as possible
• Seek legal advice to learn your rights

We are proud of our success and invite you to meet with us to discuss your important legal matter and decide for yourself if we are the right law firm for you. We accept worthy cases on a contingency fee basis, meaning that our clients do not pay attorney’s fees or costs until we win the case for them.

Call or email now for a free confidential consultation. Our offices are centrally located in Miami-Dade County, only minutes from I-95 and Biscayne Boulevard in the beautiful Miami Shores Village. Parking is free. Someone is available 24/7, and a member of the law firm will come to your home, the hospital, or nursing home to meet you.

Some of our Premises Liability blogs:

• Florida Premises Liability Law – Duty Owed to Independent Contractors
• Florida Premises Liability Law – Interplay Between Comparative Fault and Open & Obvious Doctrines
• Nondelegable Duty of Florida Landowners to Maintain Safe Premises
• Landowner Duty Standards in Florida Premise Liability Cases
• Florida’s Dog Bite Law