Miami, FL Premises Liability Lawyer

Real Results:

• $810,000 recovery: A Florida man who was assaulted by an employee of a cell phone retail store suffered serious injuries that required months of medical treatment and surgery. When the defendant refused to offer a fair resolution, attorneys Jesse Bernheim and Robin Rios filed suit and pushed the case through extensive discovery and depositions. The defendant ultimately chose to settle rather than take the case to a jury.
• $400,000 settlement: A client suffered spinal injuries after falling in a large national restaurant chain. We were able to successfully prove that the defendant failed to properly maintain their premises, which resulted in our client suffering a slip and fall that caused her serious injury.
• $100,000 recovery: Secured for a high school baseball player who was injured during a commissioned tournament held at a public high school field.

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 be aware of potential hazards and take steps to make sure their premises are safe. Simply being unaware isn’t a valid excuse. The question is whether the owner should have known and acted.

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 clear, the team at Bernheim Kelley Injury Lawyers will work to determine the damages you’ve sustained and push to secure maximum compensation.

Do You Have a Premises Liability Claim? Ask Yourself:

• Were you allowed to be there (as a guest, customer, tenant, or visitor)?
• Was there a real hazard (not just a minor inconvenience)?
• Did the owner or manager know about it, or should they have known?
• Was there a warning, and if so, was it actually clear and easy to see?
• Did that hazard directly cause your injury?
• Are you dealing with real losses like medical bills, missed work, or ongoing pain?

If you’re answering “yes” to a few of these or just have questions, reach out to Bernheim Kelley Injury Lawyers to set up a free case evaluation. We can help determine whether you have a valid claim and discuss next steps.

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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. However, the most important thing to remember in any accident is that your health comes first. Here are some general guidelines to follow after an accident on someone else’s property:

Get Medical Attention

Your health should always 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 suggested.

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 recorded statements that could release anyone 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 while recording 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 our team of experienced premises liability attorneys in Miami. We can start building your case right away, ensuring no important evidence is overlooked.

Remember, insurance companies often aim to reduce liability and minimize payouts. Having a dedicated lawyer who Keeps It Real at your side helps protect your rights and keeps the pressure where it belongs, on the insurer to pay what your claim is truly worth.

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

In most Florida premises liability cases, the deadline to file a lawsuit is 2 years from the date of the injury. You must file your lawsuit within that timeframe or risk losing your right to seek compensation, even if the facts are on your side. If the incident resulted in the loss of a loved one, Florida generally gives families 2 years from the date of death to file a wrongful death lawsuit.

Some situations can involve different notice rules or timelines. For instance, if a government entity owns the property, additional requirements may apply, and the timeline may be shorter. There can also be mandatory waiting periods while the claim is reviewed.

In rare cases, the statute of limitations may be tolled, meaning the clock is temporarily paused. Florida tolling is very strict and specific. It generally only applies in limited circumstances. For example, tolling may apply when the injured party is a minor or incapacitated or if the liable party leaves the state.

Two years can pass faster than you’d expect, especially when you’re dealing with pain, bills, stress, and unfamiliar legalities. Filing a claim as soon as possible is critical to avoid missing a deadline.

If you’re not sure how much time you have, our Miami premises liability attorneys urge you to act quickly and reach out to us. We make sure that all relevant deadlines are met and your case is handled properly.

Common Types of Premises Liability Claims in Miami

Premises liability law 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 & Fall Accidents: These occur when someone slips, trips, or falls due to unsafe conditions, such as 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 & 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 and short-term rental 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: Dog bites can cause serious physical and emotional harm. Florida’s dog bite law generally holds dog owners responsible when a bite happens in a public place or when someone is lawfully on private property, even if the dog has never bitten anyone before.

Premises liability injuries don’t just happen in big-box stores. We see them in condo lobbies and stairwells, apartment walkways, hotel corridors, parking garages, and around pools and shared amenities. For more information on slip and fall accidents, dog bites, pool injuries, or elevator and escalator incidents, you can explore our related pages or reach out to our team to schedule a free case review.

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 you and the specific details of your situation. We then craft a customized legal strategy based on the unique details of your case.

How Can a Miami Premises Liability Lawyer Help?

A knowledgeable attorney 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 should begin with a free case evaluation. If an attorney does not offer that, keep looking. During this meeting, your attorney will listen to your story, assess 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 solid case.
• Negotiate with the Insurance Company: Insurance companies are in the business of profits, not payouts. Your 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 attorney 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 make sure 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 attorney will advocate for you in court, presenting a compelling argument to secure the compensation you deserve.

Any firm can say they’ll “fight” for you. What you need is a team that shows up from moment one, is real about the process, and personalizes their strategy to fit your needs and goals. That’s how Bernheim Kelley Injury Lawyers approaches every personal injury claim.

– you are in good hands!

“Bernheim Kelly have a group of Lawyers, who acted very professional with my case. The whole staff was very polite and during the whole proceeding I was given the assurance that they were working in my best interest. At the end I was very satisfied with the result. They are a dynamic team.”

Ranford T

“Alicia and Robert took great care me. They keep me updated throughout the process and made it easy for me to understand everything. 10/10 highly recommended.”

Amanda S

“Very grateful for everything BK thank you.”

Jonathan C

“Robert and Alicia has been a great help with my case.”

Henry M

“I am so happy I was recommended to this law firm everyone there is so nice and welcoming they on time with everything Brooke E. Perez and Adriana Delgado was Amazing. I can’t forget Barbara Lee she to was awesome Plus the office is beautiful I wish they had a sleepover I will pack a bag and spend the Night Lol I’m Comedian Dingbatt and I Approve this message they deserve 100 Stars if you ask me.”

William C

“I had a wonderful experience with this team. They consistently kept me informed about the progress of my case and always made me feel like a priority. Their professionalism and dedication truly stood out. Thank you, Dor Schwartz and Sandra Baker—you were both outstanding!”

Daisy P

“Robert and Alicia were a great team and really helped me out when I was involved in a car accident. Their communication throughout the process was outstanding and they always kept me informed every step of the way. I highly recommend hiring Bernheim Kelley when you’re in need of an accident attorney! I cannot thank them enough for all their help!”

Thomas T

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What Sets Bernheim Kelley Injury Lawyers Apart

When you choose our team of dedicated attorneys, you’re not getting a generic “assembly-line” approach. You’re getting a team driven to secure real accountability and Real Results for people who’ve suffered serious injuries due to negligence.

Real Advocacy, Start to Finish

We keep you informed, return calls, and stay accessible. You should not have to chase your law firm for updates while you’re trying to heal. We’ll always give you the real deal, so you can make informed choices that benefit you now and in the future.

Trial-Ready From Day One

Insurance companies pay more attention when they know your legal team will take your case all the way. We prepare every claim like it’s going to trial. You can rest assured that it will be handled with exceptional skill and diligence.

Real Results in High-Stakes Cases

Our attorneys have decades of trial and negotiation experience, and we’ve recovered more than $1 billion for our clients. That record of success matters when the other side is deciding whether to take your claim seriously.

A Strategy That Fits You

Premises cases are rarely simple. We look at everyone who may share responsibility, including property owners, management companies, contractors, security companies, and insurers. We build your case around the facts and how your injuries have changed life for you and your family.

Real Life Support

If you need help getting connected with medical care or transportation, we’ve got you. If you can’t come to us, we’ve got you. The legal process should not feel like an insurmountable obstacle. We’ve got you.

No Fee Unless We Recover for You

You should be able to get unparalleled legal representation without taking on more financial stress. We handle cases on a contingency fee basis, which means no upfront attorney’s fees.

Multilingual Team, Transparent Communication

Clear communication matters. We work with clients from diverse backgrounds and make sure language is never a barrier to getting answers and making informed decisions.

Working with the Miami premises liability attorneys at Bernheim Kelley Injury Lawyers takes the weight off your shoulders. We handle the calls, paperwork, and pressure from the insurance company, keeping you in the loop the whole way. You can feel confident knowing that your case is being given the thoughtful attention it deserves.

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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.

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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 may 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 attorney.

Why Your Status on the Property Matters

In Florida premises liability cases, one of the first things the property owner and insurance company may argue about is why you were on the property in the first place. That matters because the owner’s legal duties can change based on whether you were invited or welcome, or whether you were there without permission.

As a general rule:

Invitee or Invited Licensee

You were welcome there, like a customer, a guest, or someone visiting a place open to the public. In many cases, owners have a duty to exercise reasonable care, including maintaining the property in a reasonably safe condition and addressing or warning about any dangerous conditions they knew about or should have known about.

Trespasser

You entered without invitation. Florida law limits what an owner owes trespassers, and it even distinguishes between “discovered” and “undiscovered” trespassers. For example, an owner generally has no duty to warn an undiscovered trespasser of dangerous conditions. Different rules can apply once a trespasser is discovered.

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 by not addressing hazards or warning visitors about potential dangers.
3. Causation: The breach of duty directly caused your injury. We 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, 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 & 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. Our Miami premises liability attorneys have helped the wrongfully injured across Southeast Florida for years and can help ensure that fundamental evidence is gathered and presented effectively.

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 & 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 & 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 Premises Liability Case

Accidents that occur on dangerous properties can cause significant, life-altering injuries. Whether it is a dog 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 & strains)
• Fractures & broken bones
• Lacerations & puncture wounds
• Burn injuries
• Spinal cord injuries
• Traumatic brain injuries (TBIs)
• Psychological trauma & emotional distress
• Wrongful death

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 distinct, so the damages you’re eligible for will depend on the circumstances of your accident and the severity of your injuries.

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Get Real Advocacy with Bernheim Kelley Injury Lawyers

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. The sooner you get answers, the sooner you can make informed decisions.

Speak with a Miami Premises Liability Attorney for FREE

Contact our team online or call 305-617-1111 today for a FREE, no-obligation consultation. Our team serves clients in Miami-Dade County and across South Florida.