Premises Liability Attorneys Seeking Real Justice for Clients in Fort Lauderdale, Broward County & All of South Florida
A Fort Lauderdale premises liability lawyer can help when dangerous property conditions lead to an avoidable injury. Property owners have a lot of responsibility for the condition of their premises, especially when those conditions may impact the safety of others.
A property owner, or anyone they put in charge of upkeep, must address hazards and safety issues that could injure visitors. That is true whether the visitors are friends, customers, workers, people attending an event, or members of the public in a park or government building. This means keeping walkways clear of debris, repairing problems like broken handrails or loose carpeting, fixing leaky pipes to prevent wet floors, and more.
When that doesn’t happen, people get hurt. And a severe injury can completely disrupt your life, affecting your health, your income, your relationships, and your peace of mind.
Justice in a situation like this should be straightforward. The property owner and their insurer should take responsibility, and you should receive compensation for your injuries and suffering. However, it’s not always that easy.
The team at Bernheim Kelley Injury Lawyers has decades of real courtroom experience advocating for people injured due to negligence. We handle the full range of Florida premises liability and personal injury claims. And we Keep It Real from day one, so you’re never left guessing about what comes next. If you or a loved one was injured on another person’s property, we are ready to help.
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Call 954-866-1111 or contact us online today to set up a FREE, no-obligation initial consultation. Our premises liability team represents clients in Fort Lauderdale and throughout Broward County and Southeast Florida.
Real Results
- $810,000 recovery: A Florida man suffered serious injuries after being assaulted by an employee at a cell phone retail store. Those injuries led to surgery and months of treatment. When the defendant wouldn’t make a fair offer, attorneys Jesse Bernheim and Robin Rios filed a lawsuit. Eventually, the defendant chose to settle rather than take the case to a jury.
- $400,000 settlement: A client sustained spinal injuries in a slip and fall at a large national restaurant chain. We built the evidence showing the property wasn’t properly maintained, and that failure led to the fall and resulting injuries.
- $100,000 recovery: Bernheim Kelley Injury Lawyers obtained a six-figure settlement for a high school baseball player who was hurt during an organized tournament held on a public high school field.
Frequently Asked Questions About Premises Liability in Fort Lauderdale
In most Florida premises liability cases, you generally have 2 years to file a lawsuit. This 2-year statute of limitations applies to both personal injury and wrongful death lawsuits in Fort Lauderdale. While personal injury deadlines usually run from the date of injury, the wrongful death time limit generally runs from the date of your loved one’s passing.
If you were injured on government property, there can be additional rules and notice requirements.
Statutes of limitations exist to keep legal claims fair and workable. The law expects people to bring claims within a set window so that evidence is still available, witnesses’ memories are fresh, and so individuals and businesses aren’t left in limbo forever. If you miss the deadline, the court can dismiss your case, and you may lose your right to pursue compensation no matter how strong the facts are.
At Bernheim Kelley Injury Lawyers, we don’t want you missing deadlines or opportunities for fair recovery. Let us keep track of deadlines and filings while you focus on your health, well-being, and future.
You may still have a case, but delays can make it harder to prove what happened. Delays matter because conditions change, surveillance video can be recorded over, and witnesses move on. This is why Bernheim Kelley Injury Lawyers encourages people to document what they can as soon as they can.
If you did not report it right away, start here:
- Write down what happened immediately to preserve your memory as best you can
- Take photos or video of the hazard & the surrounding area
- Track down names & contact info for witnesses
- Get medical care & follow through with treatment recommendations
Falls are not “no big deal,” especially when there is a head or back injury. The National Safety Council reported 47,026 deaths from falls in 2023 at home and at work, and the CDC notes that falls can cause serious injuries, including traumatic brain injuries (TBIs) and fractures.
At Bernheim Kelley Injury Lawyers, we can evaluate your claim quickly and discuss your options with you. This can be overwhelming, but we want to make sure you are taking every opportunity to secure the support you need to move forward with hope.
It’s best not to give a recorded statement to an insurer until you have spoken with a premises liability attorney in Fort Lauderdale.
Recorded statements are often requested right away, and when you’re still shaken up, hurting, or on medication, it’s not the best time to be going on the record. Insurance adjusters are trained to ask questions that feel casual but are designed to lock you into wording they can use against you later, like suggesting you “felt fine,” “didn’t see anything,” or “must not have been paying attention,” even if that’s not the real story.
At Bernheim Kelley Injury Lawyers, we can take over the back-and-forth with the insurance company and make sure there aren’t any off-the-cuff statements that could come back to bite you later.
It depends, but many cases take months, and contested cases can take a year or longer. Timing often comes down to three things: how serious your injuries are, how clear the liability evidence is, and whether the insurance company forces the case into litigation.
At Bernheim Kelley Injury Lawyers, we focus on moving your case forward without rushing past what matters. We Keep It Real about timelines, next steps, and what we’re doing as the case develops.
A negligent security claim is a type of premises liability claim through which a business or property owner can be held legally liable for a third-party criminal attack that happened on their premises. To establish liability in this type of case, a plaintiff must prove that the security measures taken by the defendant were inadequate.
In real terms, these cases often come down to foreseeability and prevention. If the risk of crime was foreseeable, property owners are expected to take reasonable steps to help protect visitors, such as addressing broken locks, poor lighting, nonworking gates, or known security gaps.
Bernheim Kelley Injury Lawyers can evaluate whether you have a valid negligent security claim and walk you through what your options look like.
You don’t pay anything upfront. Bernheim Kelley Injury Lawyers handles premises liability cases on a contingency fee. That means our fee is tied to what we recover for you, and if there’s no recovery, you won’t owe attorney’s fees.
During your free consultation, we’ll also explain how case costs work, like filing fees, records, and expert review, so you’re not surprised later. No pressure, just a clear plan.
Yes, possibly. Your compensation may be reduced based on your share of fault, and you may be barred from compensation completely if you’re more than 50% at fault.
In negligence cases where Florida’s modified comparative fault rule applies, your damages can be reduced by your percentage of fault. For instance, if your case is worth $100,000 but you’re found 20% at fault, your recovery could be reduced to $80,000. However, if you’re found to be more than 50% at fault for the situation that caused your injuries, you may not be able to recover any damages at all.
Our Fort Lauderdale premises liability attorneys know how insurers will try to shift blame. We’ll handle the insurance company and make sure your part in the accident isn’t exaggerated to minimize their liability. Schedule a free case evaluation with Bernheim Kelley Injury Lawyers today.
What Is Premises Liability?
Premises liability is the legal concept that a property owner may be liable for injuries that happen on their property and were caused by unsafe conditions or hazards. In many situations, “I didn’t know” isn’t a free pass. Owners and businesses are generally expected to take reasonable steps to inspect their property, fix dangerous conditions, and warn people about hazards they can’t fix right away. Ignorance of a hazard isn’t often an acceptable excuse.
In many premises liability cases, your attorney will need to show that the property owner either knew about the hazard and failed to act, or should have known about it but failed to recognize it. Florida’s rules also depend on the type of property and the reason you were there.
Once a failure of duty has been established, your attorney will work to calculate the damages you’ve suffered as a result of the accident. Damages, in terms of a personal injury case, are the measurable ways an accident impacts your life. Some are financial, like medical bills and lost income. Others are personal, like pain and suffering, physical impairment, or disruption to your day-to-day life.
At Bernheim Kelley Injury Lawyers, we’re real about what these cases take and what they’re really about. We’re here to guide you through the process and fight for a result that protects your future.
What To Do After a Premises Liability Accident in Fort Lauderdale
The following are general guidelines for how to handle a premises liability accident, but since no two accidents are alike, your process may differ. The most important thing to remember is that your health is your number one priority. If any of these steps interfere with that priority, adjust accordingly.
- Get Medical Attention: After calling 911, the dispatcher may send EMTs to the scene who can examine your injuries, provide emergency care, and suggest the appropriate next steps. If they recommend an ambulance, it’s in your best interest to accept the ride. If you leave the scene on your own, schedule an appointment with a doctor as soon as possible, both to get treatment for your injuries and to document them.
- Alert the Management or Owner: Let the owner or management know what happened so they can initiate their own accident protocol. This often involves an incident report and statements from everyone involved. At this point, the owner may offer a direct payment if you sign a statement releasing them from legal responsibility. It’s important that you don’t sign anything, accept any payment, or make statements that could be used to reduce their responsibility.
- Document the Incident: Take pictures or video of the scene. If possible, add narration that captures what you saw and what happened leading up to the accident. That can help you remember the details later as you and your attorney work to reconstruct what happened. Memory fades fast after a scary event, so this step can be helpful if you’re able to do it.
- Call a Fort Lauderdale Premises Liability Attorney: Once your immediate medical needs have been addressed, contact Bernheim Kelley Injury Lawyers. Our trusted team can start protecting you right away. Insurance companies often look for ways to minimize what they owe, including arguing fault, downplaying injuries, or pushing for recorded statements and quick settlements. When our Real Advocates represent you, we handle the communications, keep you updated, and help you make informed choices about what comes next.
Save This Evidence!
- Photos & video of the hazard
- Incident reports
- Witness names & contact info
- Shoes & clothes you were wearing
- Medical records
- Any communications with the property owner or their insurer
Statute of Limitations for Premises Liability in Florida
You have a limited amount of time to bring a premises liability lawsuit in Fort Lauderdale. Under Florida law, the statute of limitations for a premises liability claim is 2 years.
Two years can sound like plenty of time. In real life, it goes fast. People move, video gets recorded over, and it’s harder to pin down what happened the longer you wait. And if the deadline passes, the court can dismiss the case and you can lose your right to pursue compensation, even when the facts are on your side.
If you’re not sure what deadline applies to your situation, our Florida premises liability attorneys can help you figure it out quickly and keep your case on track.
Types of Premises Liability Claims in Florida
Premises liability is a legal term used to describe the responsibility of property owners to ensure that their property is safe for visitors. In Florida, there are several different types of premises liability claims.
Some of the most common examples include:
- Inadequate Maintenance: Businesses and property owners in Florida must ensure that their premises are well-maintained, with safety hazards addressed and removed.
- Slip & Fall Accidents: These types of accidents occur when a person slips, trips, or falls on a property due to a hazardous condition, such as a wet floor or uneven pavement.
- Negligent Security: This type of claim arises when a property owner fails to provide adequate security measures, resulting in an injury or crime.
- Swimming Pool Accidents: Property owners have a responsibility to ensure that their swimming pools are safe and adequately maintained, and they can be liable for injuries that occur as a result of inadequate maintenance or a lack of safety features.
- Elevator & Escalator Accidents: Property owners are responsible for maintaining and properly operating elevators and escalators. They can be liable for injuries that occur as a result of a malfunction or lack of maintenance.
- Fire & Smoke Incidents: Property owners have a responsibility to take reasonable safety measures, including keeping required safety systems in working order, and they can be liable for injuries that occur as a result of dangerous conditions that lead to fire or smoke.
- Dog Bite Injuries: Florida law can hold dog owners responsible for bites in many situations, even if the dog has never bitten anyone before. Exceptions can apply, including in situations involving provocation or trespassing. (Learn more about dog bite law: What Florida’s Pam Rock Act Means for Dog Owners & Dog Bite Victims, Florida’s New Dangerous Dog Law: What It Means for You)
What Do I Have To Prove To Recover Financial Compensation?
To recover compensation in a premises liability case, you generally have to prove four things.
- The property owner or person in charge of the property owed you a duty to take reasonable care.
- They didn’t meet that duty because they failed to fix a dangerous condition or warn you about it.
- That failure caused your injury.
- You suffered real damages.
Florida law can be more specific in certain situations. For example, in many business slip and fall cases involving a “transitory foreign substance,” you typically have to show the business had actual or constructive knowledge of the dangerous condition. In other words, the hazard existed long enough that it should’ve been discovered, or it happened often enough that the business should’ve seen it coming.
It can be overwhelming to understand how to move forward after an injury on someone else’s property, especially if the owner is pressuring you to accept direct payment in exchange for a waiver against any future legal action. It’s also frustrating to deal with a property insurance claim when the insurance company’s goal is often to settle for as little as possible, as quickly as possible.
At Bernheim Kelley Injury Lawyers, we’ll use your free consultation to talk through what happened, what you’d need to prove, and what your path forward could look like. We’ll also help you understand the real value of your claim so you’re not pushed into a decision without all the facts.
If you have a viable claim, our Fort Lauderdale injury attorneys can help you pursue compensation that reflects what you’ve been through, including:
- Emergency medical treatment
- Hospital bills & other health care expenses
- Physical therapy & ongoing care
- Loss of current & future wages
- Pain & suffering
- Mental anguish
- Long-term disability or disfigurement
- Wrongful death of a family member
Invitee vs. Licensee vs. Trespasser
In Florida, the duty a property owner owes can depend on why you were there:
- Invitee: Usually someone there for the owner’s benefit, like a customer
- Licensee: Often a social guest
- Trespasser: Someone who isn’t allowed on the property
This matters because the level of care and the legal obligations can change based on your status. If you’re not sure where you fit, our premises liability team can help you sort it out quickly and explain what it means for your options.
Evidence That Can Support a Premises Liability Claim
To pursue a premises liability claim in Florida, you generally need to show that the business or property owner failed to take reasonable safety precautions and that their actions or inaction contributed to your accident. Evidence matters because it helps tell the story clearly and makes it harder for an insurance company to downplay what happened.
A thorough investigation can involve many different types of information, including:
- Photos or video of the hazard & the surrounding area
- Witness statements
- Your account of what happened
- Property & lease records
- Incident reports
- Surveillance video
- Maintenance & cleaning logs
- Prior complaints
- Code violations
- Medical records
Who Is Responsible for a Premises Liability Injury?
It depends on the circumstances. Premises liability claims are handled case by case, and the responsible party isn’t always just the person whose name is on the deed.
Depending on what happened and who controlled the area, responsibility may fall on:
- Businesses
- Property owners & landlords
- Property managers
- HOAs or condo associations
- Security companies
- Maintenance or cleaning companies
- Manufacturers of defective equipment on the property
What Happens if I’m Being Blamed?
It’s common for a property owner or insurance company to suggest the accident was your fault, even when the dangerous condition was the culprit. They may say you should’ve seen it, you weren’t paying attention, your shoes caused it, or there was a warning.
Being blamed doesn’t automatically mean you don’t have a case. Florida generally uses a modified comparative fault rule in negligence cases. Your compensation can be reduced by your share of fault. However, if you’re found to be more than 50% at fault, you may be barred from recovering damages.
But remember, just because someone claims you are at fault doesn’t make it true. Our Fort Lauderdale premises liability attorneys investigate, come to our own conclusions, and push back against unnecessary blame so you are treated fairly.
– you are in good hands!
Dangerous Conditions That Contribute to Accidents
A wide range of safety hazards can contribute to accidents on property. Some examples of dangerous conditions that can contribute to accidents in Fort Lauderdale include:
- Wet or slippery surfaces, such as spills, leaks, or inadequate cleaning
- Uneven or poorly maintained walkways & floors
- Poorly lit areas
- Loose carpeting or flooring
- Staircases with missing, loose, or broken handrails
- Elevator or escalator malfunctions
- Inadequate security measures, such as nonworking cameras, broken locks, or a lack of security personnel
- Dangerous or defective equipment on the property
- Poorly maintained swimming pools, including a lack of fencing or clear warning signs
- Hazardous materials, such as lead paint or mold
Common Injuries in a Premises Liability Case in Florida
Accidents on unsafe property can cause serious injuries, whether it’s a slip and fall, a dog bite, or a defective elevator. If you’re hurt, getting medical attention comes first.
Some of the most common injuries in premises liability cases include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Fractures & broken bones
- Lacerations & puncture wounds
- Burn injuries
- Soft tissue injuries, such as sprains & strains
- Psychological trauma or emotional distress
In the most tragic cases, a premises liability incident can lead to the loss of a loved one.
Why Choose Us?
When you’re facing one of the toughest moments of your life, you need more than just a lawyer—you need a trusted ally who will stand with you and fight for your rights.
Get Real Results with Bernheim Kelley Injury Lawyers
Navigating Florida’s premises liability laws is never easy. Fortunately, the team at Bernheim Kelley Injury Lawyers is here to help. We offer a free consultation for people who’ve been hurt because a property wasn’t kept safe. We Keep It Real about what you’re up against and discuss with you all of your options, so you feel supported and informed from the start.
Like any personal injury matter, navigating the legal system can be overwhelming if you don’t have experience. Even if you were perfectly healthy, it’d be a lot, let alone when you’re dealing with injuries and trying to focus on your future. Our team is ready to get to work protecting your rights and interests. We’ve got the Real Experience and record of Real Results, so you can breathe easier.
Among other things, our attorneys will:
- Listen to your story and answer your legal questions during your free initial consultation
- Investigate the accident, gathering information to support a premises liability claim
- Handle insurance paperwork and represent you in settlement negotiations
- Craft a personalized strategy devoted to helping you maximize your financial recovery
We’ll let you know what to worry about, what to let go of, and what we’d do if this were our family.
Schedule a FREE Consultation With a Fort Lauderdale Premises Liability Lawyer Today
At Bernheim Kelley, our premises liability attorneys in Fort Lauderdale aggressively advocate for injured victims to get Real Justice, which includes fair financial compensation. We handle all types of premises liability claims.
Give us a call now at 954-866-1111 or contact us online for a FREE consultation with one of our dedicated Fort Lauderdale premises liability lawyers. From our office in Fort Lauderdale, we handle premises liability claims in Broward County and throughout South Florida.