Miami Premises Liability Lawyer

Miami, FL Premises Liability Attorney

An experienced Miami premises liability lawyer is a crucial asset after any injury that occurs from another’s negligence. The term “premises liability” refers to a specific type of personal injury claim that occurs, as the term suggests, when a person is injured by dangerous conditions on another person’s property. For example, Florida law requires property owners to keep their property in a reasonably safe condition. If the property is not reasonably safe and the unsafe conditions lead to an injury to a visitor, then the property owner may face a premises liability claim holding them responsible for the visitor’s injuries.

The most common type of premises liability accident is a “slip and fall” accident, or a “slip, trip, and fall” accident. This type of accident occurs when a visitor slips on unsafe flooring conditions or trips over some unsafe impediment and falls, injuring the visitor. If you’ve been involved in an accident on someone else’s property, contact an experienced Miami premises liability lawyer at Callejo Law for help. We understand every aspect of the law and give your claim the kind of personalized attention we would provide you if you were our one and only client.

Common Types of Premise Liability Accidents in Miami, FL

Any accident on another person’s property or at a public venue or establishment falls into the premise liability category. Some of the most common examples of premises liability accidents include:

• Slips, trips, and falls. As discussed above, slips, trips, and falls are far too common. It’s unusual for most people to slip or trip and fall for no reason, absent some medical condition. Instead, there is most often an unsafe environment of some sort that caused the accident. Uneven surfaces, oil spills, wet floors, and defective stairs or walkways are the usual culprits for most slip trips, and fall accidents.
• Deficient Maintenance. Appliances, light fixtures, staircases, elevators, and the like can all cause injuries if improperly maintained.
• Absence of or Inadequate Security. Inadequate security, video surveillance, and lighting can all be hazardous, especially in areas like parking lots, garages, hotels, and other commercial properties. This can create the opportunity for any number of crimes, some with devastating consequences such as severe beatings, robberies, rape, or even murder.
• Fire or Electrocution. Sprinkler systems are notoriously subject to breakage. Malfunctioning sprinkler systems and, even more dangerous, improperly maintained wiring in any area are good examples of negligence that can cause electrocution or fire. More severe injuries are likely if escape routes are blocked or unmarked when fires break out.
• Playground or School Accidents. Unfortunately, it’s relatively common to see adults such as teachers or playground personnel fail to pay attention when supervising children. This can lead to severe injuries on playgrounds or even in school hallways. In addition, hiring employees who work around children without rigorous background investigations may result in the employment of a teacher or other school personnel who sexually abuse children. Unfortunately, public or private swimming pools are also the site of drownings when there are no lifeguards or distracted lifeguards; these types of drownings can happen in mere minutes and can be challenging to detect when the pool is crowded.
• Dog Attacks. Property owners must keep their dogs restrained or provide warnings, especially if the animal has a history of aggressive behavior. If a dog attacks and injures someone because of the absence of a fence, the failure to leash a dog, a lack of training, or other types of irresponsible behavior regarding their dog, the dog’s owner may be liable in Miami for any injuries the dog causes.
• Festivals, Nightclubs, Bars, and Entertainment Venues. Owners of commercial establishments are responsible for ensuring their security personnel are adequately trained to prevent or de-escalate altercations and restrain aggressive, unruly, or overly intoxicated guests. If a security guard uses excessive force while de-escalating and controlling a guest and injures someone else in the process, the establishment owner may be found liable.

What Will You Have to Prove When Making a Premises Liability Claim?

After your accident, you may want to press a claim against the owner of the property to seek compensation for your injuries. While you are within your legal rights to do so, you’ll need to demonstrate a few important facts to back up your claim and establish that the property owner is liable for your injuries.

First, you’ll need to demonstrate that the person in question actually owns the property or, at the very least, is occupying it through something like a lease. You can’t press charges against someone who doesn’t even own the land where you sustained your injury.

The next and most crucial aspect is proving that the property owner had a duty of care toward you and didn’t follow through on their legal duty. Different rules may apply to your case, depending on whether you were invited onto the property or not.

The Florida Supreme Court laid down the basis for modern premises liability in its ruling on Wood v. Camp. In the ruling, the court determined that people on a property fall into three categories. Those are:

• Invitees: A property owner explicitly or implicitly invites these people onto the property. Florida law states that landowners have the highest level of care for people they invite onto the property. If an invitee ends up injured through poor maintenance, they may be able to file a claim against the property owner. Landowners must maintain reasonably safe conditions, warn of anything potentially unsafe, and fix any hazards in a reasonable time.
• Licensees: This category covers people who decide to enter a property of their own volition but have a legal right to be there. For instance, they might be someone out walking a dog and stepping onto a property owner’s grass. In these situations, a property owner still has a burden of care toward the licensee, but less so than for an invitee. The owner can’t do anything flagrant to injure a passerby and should at least notify everyone of potential hazards.
• Trespassers: For undiscovered trespassers, the only duty the property owner has is to refrain from any wanton attempt to injure the person. The owner does not have to warn them of any potential hazards. A trespasser does have the right to know of any dangerous conditions if the property owner finds the trespasser on the property.

If you fall into any of these categories, you just have one thing left to prove. You’ll need to demonstrate that you suffered an injury and that it happened due to negligence on someone’s property. Photos and medical records are excellent ways to demonstrate your injuries, so make sure to speak with a doctor immediately after your accident.

If you feel confident in your ability to prove all these aspects of the case, or if you aren’t sure if you have a reasonable shot at seeking compensation, you may want to speak with a Miami premises liability lawyer. You can discuss the case with them and see if you have a legitimate chance of getting compensation for your injuries.

What Kind of Compensation Can You Expect in a Miami Premises Liability Case?

In general, the settlement you get after your premises liability claim will differ from others, depending on the severity of the case. We can provide some general guidelines to give you an idea of what to expect if you have legal grounds for a claim.

The most obvious payouts come in the form of assistance with medical bills. You could win a settlement where the property owner will need to pay your hospital bills, along with the cost of rehab and future visits to the doctors. You’ll only be able to seek payments for continued medical coverage in the case of a severe injury that will pose long-term complications, such as a traumatic brain injury or spine damage.

You may also be able to add repayment for lost wages into your settlement if you had to miss work while recovering from your injury. In some cases, the defendant might have to pay you for pain and suffering and your emotional distress, though these are harder to get.

Should You Hire an Attorney for Your Premises Liability Case?

Premises liability cases are difficult to prove in the most ideal circumstances. Having an attorney on your side can give you a chance to get compensation to help with your injuries and ease the economic burden. They know how to argue for you in court and sway a jury to your side. Showcasing neglect or wanton disregard for safety isn’t easy, but a Miami attorney can give you a better shot at a fair settlement.

FAQs

Q: What Is the Premises Liability Law in Florida?

A: The premises liability laws in Florida state that a property owner has a duty of care to the people they invite onto the property or are legally passing by. Property owners must make anyone aware of any possible dangers or unsafe areas and fix any hazards that they reasonably know about.

Q: Is There a Statute of Limitations for Premises Liability in Florida?

A: Yes. In Florida, you will have four years to file a claim for an injury on someone’s property. There is an exception to this rule if there was a death involved. In that case, the family has two years to file a negligence claim. An experienced Miami premises liability attorney can help you file your claim within the proper timeframes.

Q: What Must You Prove in a Premises Liability Claim?

A: You’ll need to establish a few facts if you want to win your premises liability case. You need to demonstrate that:

• The person you are filing a claim against owns the property.
• They had a reasonable responsibility to keep you safe.
• They failed in that duty.
• You sustained an injury as a result.

Q: What Are Some of the Most Common Premises Liability Injuries?

A: Slips and falls are by far the most common accidents we see on someone’s property that lead to a claim. Of course, there are other problems, such as the property owner having deficient maintenance of the property or any appliances on it. Some cases also result from inadequate lighting and security.

Contact a Miami Premises Liability Attorney at Callejo Law to Schedule Your Free Consultation

We focus solely on personal injury and workers’ comp claims and have over 25 years of experience. All clients have Ms. Callejo’s cell phone number. We offer free consultations, same-day returns of phone calls and emails, bilingual representation, and 24/7/365 availability.

We pride ourselves on our experience, accessibility, and ability to treat every client issue with compassion, respect, and laser-focused attention to every detail of your claim. The quality of service has earned us a perfect 5.0 on Google Reviews. If you’ve been injured due to a dangerous condition on someone else’s property, first seek immediate medical attention, then contact us either by email or phone, even before contacting your insurance company.