Miami, FL Premises Liability Lawyer

Premises Liability Lawyers Serving Miami and All of Southeast Florida

What Is Premises Liability?

Premises liability refers to the legal responsibility property owners have for injuries caused by unsafe conditions on their property. Property owners are generally expected to know about potential hazards and take steps to make their premises safe. Simply being unaware of a hazard is typically not a valid excuse.

To build a premises liability case, your attorney must show that the property owner either knew about the hazard and failed to address it or should have known but didn’t take appropriate action. Once that responsibility is proven, your attorney will work to determine the damages you’ve sustained. Damages can include any measurable effects of the accident, whether financial or non-financial.

Common Types of Premises Liability Claims in Miami

Premises liability holds property owners accountable for keeping their properties safe for visitors. In Florida, there are many types of potential premises liability claims, including:

• Inadequate maintenance: Property owners are expected to keep their premises well-maintained and free from safety hazards. Failing to address these risks can lead to liability.
• Slip and fall accidents: These happen when someone slips, trips, or falls due to unsafe conditions like wet floors or uneven pavement.
• Negligent security: If a property owner doesn’t provide adequate security measures and an injury or crime occurs as a result, they could be held liable.
• Swimming pool accidents: Pool owners must ensure their pools are safe and properly maintained. Accidents caused by poor maintenance or missing safety features can lead to liability claims.
• Elevator and escalator accidents: Property owners are responsible for ensuring that elevators and escalators are properly maintained and functioning safely. Injuries caused by malfunctions or neglect could result in liability.
• Fire or smoke incidents: Property owners must equip their buildings with functional fire alarms and sprinkler systems. They may be liable for injuries resulting from fires or smoke if safety measures were neglected.
• Dog bite injuries: If a dog owner knows their dog has aggressive tendencies or a history of biting and fails to take precautions, they can be held responsible for injuries caused by the dog.

While there are many types of premises liability claims, each case, like each client, is one-of-a-kind. At Bernheim Kelley Injury Lawyers, we take time to get to know every client and the specific details of their situation. We then craft a customized legal strategy based on the unique details of the case.

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What Dangerous Conditions Contribute to Accidents?

Several hazardous conditions can lead to accidents on someone else’s property, particularly when property owners fail to address or warn visitors about potential dangers. Common examples of dangerous conditions include:

• Wet or slippery surfaces: Spills, leaks, or inadequate cleaning can make floors dangerously slippery.
• Uneven or poorly maintained walkways and floors: Cracks, holes, or uneven surfaces increase the risk of trips and falls.
• Poorly lit areas: Insufficient lighting can make it difficult to see and avoid hazards, especially in stairways, hallways, or parking lots.
• Loose carpeting or flooring: Loose tiles, buckling carpets, or unsecured rugs can easily cause accidents.
• Staircases with missing or broken handrails: Faulty or absent handrails make staircases particularly dangerous.
• Elevator and escalator malfunctions: Defective or poorly maintained elevators and escalators can cause serious injuries.
• Inadequate security measures: The lack of surveillance cameras, security personnel, or properly locked entrances can create unsafe environments.
• Dangerous or defective equipment: Malfunctioning equipment, including escalators, elevators, or gym machines, can pose significant risks.
• Poorly maintained swimming pools: Hazards such as broken tiles, lack of fencing, or missing safety signs can lead to accidents or drownings.
• Hazardous materials: Exposure to lead paint, mold, or other toxic substances can cause long-term health issues.

Property owners and managers have a responsibility to maintain safe environments and address potential hazards right away. When they fail to do so, accidents and injuries can occur.

Common Injuries in a Miami Premises Liability Case

Accidents that occur on dangerous properties can cause significant, life-altering injuries. Whether it is a canine attack, a slip and fall accident, or a criminal attack due to negligent security, a victim’s life can be forever changed. Some of the most common injuries sustained in premises liability claims include:

• Soft tissue injuries (such as sprains and strains)
• Fractures and broken bones
• Lacerations and puncture wounds
• Burn injuries
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Psychological trauma/ emotional distress
• Wrongful death

Who Can Be Held Liable for a Premises Liability Injury?

In a premises liability case, the person or entity responsible for maintaining the property’s safety is typically held liable. This can include:

• Property owners: Homeowners, business owners, or landlords are often the primary parties held accountable for injuries caused by unsafe conditions on their property.
• Property managers: If a property manager is responsible for maintaining the premises and fails to address hazards, they may share liability.
• Tenants or occupants: In some cases, tenants who control and maintain specific areas of a property can be held liable for injuries that occur in those areas.
• Business owners: For commercial properties, the business operating on the premises may be responsible for ensuring visitor safety.
• Government entities: If an injury occurs on public property, such as a park or sidewalk, the government agency in charge of maintaining the property might be liable.
• Manufacturers of defective equipment: If an injury was caused by a defect in equipment on the property, such as an elevator, escalator, or safety device, the manufacturer of that equipment could also be held liable.

Determining liability in these cases can be extremely complex and requires the skill and knowledge of an experienced Miami premises liability attorney.

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What Do I Have to Prove in a Premises Liability Claim?

You generally need to prove the following key elements in a premises liability claim:

1. Duty of care: The property owner or occupier had a duty to maintain a safe environment for visitors. This duty varies depending on your status on the property (e.g., invitee, licensee, or trespasser).
2. Breach of duty: The property owner or occupier failed to uphold this duty, such as by not addressing hazards or warning visitors about potential dangers.
3. Causation: The breach of duty directly caused your injury. You must show that the unsafe condition was the primary reason for your accident and subsequent harm.
4. Damages: You suffered actual harm, such as physical injuries, emotional distress, or financial losses (e.g., medical bills, lost wages) because of the incident.

It can be overwhelming to figure out how to proceed with a premises liability claim after being injured on someone else’s property, especially if the property owner is pressuring you to accept direct payment in exchange for waiving your right to take future legal action. Filing a claim with their property insurance can be equally frustrating, as insurance companies are focused on settling claims quickly and for as little as possible. 

You deserve personalized attention and support tailored to your situation. During your FREE initial consultation, we’ll review the details of your case and provide a clear plan for how we can help you obtain Real Justice.

What Evidence Is Used to Prove Liability?

The following types of evidence are commonly used to prove liability in premises liability claims:

• Photographs and videos: Images or footage of the hazard (e.g., wet floors, broken stairs, poor lighting) that caused your injury, as well as the surrounding area, can show that the dangerous condition existed.
• Incident reports: If the property owner or manager created an incident report, it may document the circumstances of the accident and any actions taken after the injury.
• Witness statements: Testimonies from people who saw the accident or knew about the hazardous condition can support your version of events.
• Property maintenance records: Documents showing whether the property owner regularly maintained the property or ignored known hazards can establish negligence.
• Surveillance footage: Security camera recordings can provide crucial evidence of the accident or show how long the hazard was present before the incident.
• Medical records: Your medical records can link your injuries directly to the accident and demonstrate the severity of the harm caused.
• Expert testimony: Experts, such as safety professionals or engineers, may testify about how the hazardous condition violated safety standards or contributed to your injury.
• Previous complaints or violations: Evidence of prior complaints about the hazard or past code violations can show the property owner was aware of the issue.

It is important to work with an experienced attorney to prove liability. The Miami premises liability lawyers at Bernheim Kelley Injury Lawyers have helped the wrongfully injured across Southeast Florida for years and can help ensure that crucial evidence is gathered and effectively presented.

What Is the Statute of Limitations for Premises Liability in Florida?

The statute of limitations for premises liability claims in Florida is generally four years from the date of the injury (Florida Statutes § 95.11). This means you must file your lawsuit within two years of the accident to preserve your right to seek compensation.

However, there are exceptions:

• Wrongful death: If the premises liability incident resulted in a fatality, the statute of limitations is reduced to two years from the date of death.
• Claims against government entities: If the property is owned by a government entity, additional requirements apply, and the timeline may be shorter.
• Tolling of the statute: In rare cases, the statute of limitations may be extended, such as when the injured party is a minor or incapacitated.

Filing a claim as soon as possible is critical to avoid missing these deadlines. Our Miami premises liability lawyers can make sure that all relevant deadlines are met, and your case is handled properly.

How Can a Miami Premises Liability Lawyer Help?

A Miami premises liability lawyer can provide essential support and guidance throughout your case and help you achieve the best possible outcome. An attorney will:

• Provide a FREE case evaluation: Your legal journey begins with a FREE case evaluation. If an attorney does not offer free initial consultations, you should keep looking. During this meeting, your attorney will listen to your side of the story, assess the merits of your claim, and explain your rights and options.
• Gather Evidence to support your claim: Your lawyer will collect crucial evidence, such as photos, surveillance footage, witness statements, maintenance records, and expert testimony, to build a strong case.
• Negotiate with the insurance company: Insurance companies are in the business of profits, not payouts. A lawyer will handle negotiations to ensure you receive fair compensation for your injuries and damages.
• Determine liability: Proving negligence in a premises liability case can be challenging. Your lawyer will demonstrate how the property owner failed to maintain a safe environment and how their negligence led to your injuries.
• Calculate damages: They’ll help assess the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future care needs, to ensure you’re seeking adequate compensation.
• Ensure deadlines are met: Florida law imposes strict deadlines for filing premises liability claims. A lawyer will ensure your case is filed on time and in compliance with all legal requirements.
• Represent you in court, if necessary: If a fair settlement cannot be reached, your lawyer will advocate for you in court, presenting a compelling argument to secure the compensation you deserve.

Working with the skilled Miami premises liability lawyers at Bernheim Kelley Injury Lawyers can help ease the burden of pursuing a claim. You can feel confident that your case is given the thoughtful attention it deserves.

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Potential Damages in a Premises Liability Claim

After a serious accident at a business or on someone’s dangerous property in the Miami area, you deserve compensation for your physical, financial, and emotional losses. At Bernheim Kelley Injury Lawyers, we’re committed to helping you recover the maximum compensation you deserve. Depending on the details of your case, a premises liability claim could include the following types of damages:

Economic Damages

These cover tangible losses that can be clearly measured. Economic damages might include medical expenses for treatments, surgeries, or ongoing care, as well as lost income from missed work or diminished earning potential. Economic damages can also cover out-of-pocket costs directly tied to the injury, such as transportation or home modifications.

Non-Economic Damages

Non-economic damages cover the less tangible losses caused by an injury, such as compensation for pain and suffering, emotional trauma, loss of enjoyment in daily activities, and any lasting disabilities or disfigurements caused by the accident.

Punitive Damages

While very rare, punitive damages may be available in situations where the property owner’s behavior was especially reckless or harmful. These damages are designed to punish such conduct and discourage others from acting similarly.

Every case is unique, so the damages you’re eligible for will depend on the circumstances of your accident and the severity of your injuries. At Bernheim Kelley Injury Lawyers, we’re here to fight for you every step of the way.

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What to Do After a Premises Liability Accident in Miami

Every premises liability accident is unique, so the steps you take may vary depending on your situation. That said, the most important thing to remember is that your health comes first. Here are some general guidelines to follow after an accident:

Get Medical Attention

Your health should be your top priority. Call 911 to report the accident and get emergency medical assistance. EMTs can assess your injuries, provide care, and recommend whether you need an ambulance ride—which is usually best to accept if they suggest it. If you decide to leave the scene on your own, make sure to see a doctor as soon as possible. Prompt medical attention not only addresses your injuries but also creates an official record that could be critical later.

Notify the Property Owner or Management

Report the accident to the property owner or manager immediately. They may need to initiate their own accident protocol, which could involve writing a report and taking statements. Avoid signing any documents, accepting payments, or making statements that could release them from legal responsibility. It’s essential to protect your rights from the start.

Document the Scene

If you’re able, take photos or videos of the accident scene. Be thorough—capture the conditions that contributed to the accident, any visible injuries, and surrounding details. Narrating over the video can help you remember key details later, which will be valuable for reconstructing events. Memories fade quickly, so documenting everything while it’s fresh is critical.

Contact Bernheim Kelley Injury Lawyers

Once your immediate medical needs are addressed, reach out to an attorney. An experienced premises liability lawyer can start building your case right away, ensuring no crucial evidence is overlooked. Remember, insurance companies often aim to reduce liability and minimize payouts using technicalities. Having a lawyer on your side ensures that your rights are protected, and you’ll have someone in your corner fighting for the full compensation you deserve.

Speak with a Miami Premises Liability Attorney for FREE

At Bernheim Kelley Injury Lawyers, our Miami premises liability lawyers are dedicated to helping injured victims achieve the Real Justice they deserve. We handle all types of premises liability claims. 

It’s important to act quickly. Contact Bernheim Kelley Injury Lawyers today online or at (305) 617-1111 for a FREE, no-obligation consultation with an experienced Miami premises liability lawyer. Our Miami office serves clients in Miami-Dade County and across southeast Florida.