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Premises Liability Representation

Miami Premises Liability Attorney

Slip-and-fall, unsafe property conditions, negligent maintenance, and negligent security cases under Florida invitee, licensee, and trespasser law across Miami-Dade and South Florida. Plaintiff and defense representation across South Florida.

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Florida slip-and-fall claims require notice proof. Under Fla. Stat. § 768.0755, the injured person must show the business had actual or constructive knowledge of the dangerous condition. Surveillance video and incident reports preserve the case.
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37+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Common Questions

Frequently Asked Questions

What qualifies as a premises liability case in Florida?+
A premises liability case involves injury caused by an unsafe condition on someone else's property. Common examples: slip-and-fall on wet floors, trip-and-fall on uneven walkways, falls on defective stairs, injuries from inadequate security, dog bites, swimming pool injuries, and apartment or condo defects. The case requires proof that the property owner owed a duty to the injured person, breached that duty, and caused real injury.
What is Florida's slip-and-fall statute and why is it strict?+
Florida's slip-and-fall statute, Fla. Stat. § 768.0755, requires the injured person to prove the business had actual or constructive knowledge of the transitory substance (water, food, spilled product) that caused the fall. Constructive knowledge can be shown by evidence that the substance existed for a length of time such that the business should have discovered it through ordinary care, or that the condition occurred with regularity. Florida courts apply this statute strictly. Surveillance video and inspection logs are commonly the deciding evidence.
What is the difference between an invitee, licensee, and trespasser?+
Three classes of property visitors exist under Florida law, each owed a different duty. A business invitee (customer at a store, hotel guest) is owed the duty to keep the premises reasonably safe and to warn of known dangers. A licensee (social guest, friend visiting your home) is owed a lesser duty: to warn of known dangerous conditions and not to set traps. A trespasser is generally owed just the duty not to be willfully injured, with limited exceptions for known frequent trespassers and child trespassers under attractive nuisance. Visitor status determines the standard of care that applies. See our full Legal Terms Glossary for more Florida-particular definitions.
What is the open and obvious doctrine?+
The open and obvious doctrine is a defense that argues a property owner has no duty to warn of conditions that should be readily apparent to a reasonable person. The defense applies in cases involving conditions like clearly visible curbs, marked steps, or obvious hazards. It has limits. The doctrine does not eliminate the duty to maintain the premises reasonably safe in the first place. Whether a condition was open and obvious is commonly a fact issue for the jury.
What is a negligent security case?+
A negligent security case involves injury from a third-party criminal act (assault, sexual assault, robbery, shooting) on someone else's property where the property owner failed to provide adequate security. The case turns on foreseeability: whether the property owner knew or should have known of the risk based on prior similar incidents, the surrounding crime rate, or other warning signs. Apartment complexes, hotels, bars, and parking lots are common settings. Damages tend to be severe given the violent nature of the underlying crimes.
How long do I have to file a premises liability claim in Florida?+
For injuries on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period. The deadline is strict. Missing the statute of limitations permanently bars the claim. Wrongful death is also 2 years under § 95.11(4)(d). Claims against government entities require pre-suit notice under § 768.28 within 3 years. See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.
What evidence should I gather after a premises injury?+
Photographs of the dangerous condition, the scene, and the surrounding area. The names and contact information of any witnesses. The incident report number if one was filled out. The names of any employees who responded. Receipts showing your presence at the property if applicable. Medical treatment records starting from the injury onward. The faster this evidence is gathered, the stronger the case generally becomes. Conditions can be cleaned or repaired and surveillance video overwritten within days.
What if I was partially at fault for the injury?+
Florida is a modified comparative negligence state under HB 837. The injured person's percentage of fault reduces the recovery proportionally. A finding of more than 50% plaintiff fault bars recovery entirely. Even where some plaintiff fault exists, recovery is in many cases available if the property owner's share of fault remains greater than 50%. Each case turns on the particular facts of the visitor's conduct and the property condition.
What does it cost to hire a premises liability attorney?+
Premises liability cases are commonly handled on contingency for plaintiff representation: the attorney is paid a percentage of the recovery, and nothing is owed without one. There is no upfront fee. Costs (filing fees, consultant fees, deposition costs) are generally advanced by the firm and reimbursed at resolution. Defense representation is structured differently, in most cases on hourly or flat-fee arrangements. See our full Contingency Fee Guide for the exact percentages Florida law allows.
Does the firm represent both plaintiffs and defendants?+
Yes. The firm represents both injured visitors pursuing claims and property owners, businesses, or insurers facing claims. Each side requires different strategy, but the underlying preparation, document review, and disciplined approach to the case is the same. Conflicts are screened at intake on every matter.
Layers of Premises Cases

How Premises Cases Are Built

Florida premises liability turns on visitor classification, notice of the dangerous condition, and proof of causation. Property owners and their insurers contest these cases hard, generally relying on the open-and-obvious doctrine and comparative fault arguments. Each layer requires distinct development from day one.

Visitor Status & Duty Owed

Florida law distinguishes between business invitees, licensees, and trespassers. The duty of care varies significantly. Most cases involve invitees, who are owed the highest duty.

Notice & Knowledge

Most cases turn on what the property owner knew or should have known. Slip-and-fall cases under Fla. Stat. § 768.0755 require proof of actual or constructive knowledge of the dangerous condition.

Causation & Damages

The dangerous condition must have caused the injury. Pre-existing conditions, alternative explanations, and comparative fault all become defense theories addressed through medical and scene proof.

Three Florida Frameworks

The Statutes That Define These Cases

Premises liability cases in Florida operate under several statutory frameworks. Each affects strategy and recovery in a different way. Visitor classification, notice proof, and the SOL all matter from day one.

2
Years / Statute of Limitations

Negligence SOL

For injuries on or after March 24, 2023, the statute of limitations is 2 years under Fla. Stat. § 95.11(4)(a). HB 837 cut this from the prior 4-year period.

§
Slip-and-Fall Statute

FS 768.0755

Florida slip-and-fall statute requires the injured person to prove the business had actual or constructive knowledge of the transitory substance that caused the fall.

50
% / Comparative Bar

HB 837 Modified Comparative

Florida is a modified comparative negligence state. A finding of more than 50% plaintiff fault bars recovery entirely. Fault below 50% reduces the recovery proportionally.

Plaintiff & Defense Representation

Both Sides of Premises Litigation

The firm represents both injured visitors pursuing claims and property owners, businesses, or insurers defending claims. The strategy is different on each side, but the underlying preparation and discipline is the same.

Pursuing a Claim

Plaintiff Representation

  • Visitor status analysis and duty-owed determination
  • Notice proof under Fla. Stat. § 768.0755 for slip-and-fall
  • Surveillance video preservation and maintenance record discovery
  • Negligent security analysis when third-party crime is involved
  • Damages development including future medical and life-care planning
  • Comparative fault rebuttal and open-and-obvious defense response
Defending a Claim

Defense Representation

  • Visitor status defense and duty-of-care challenges
  • Notice and constructive knowledge defense under FS 768.0755
  • Open-and-obvious doctrine and comparative fault arguments
  • Damages challenges and pre-existing condition analysis
  • Discovery, IME coordination, and defense preparation work
  • Settlement evaluation and offer of judgment strategy
Common Premises Cases

Types of Premises Claims

Premises liability covers a wide range of injury patterns. The legal framework varies depending on the property type, the visitor status, and the nature of the dangerous condition.

Case Type
Property Type
Key Issues
Slip-and-FallTransitory Substance
Commercial / Retail
FS 768.0755 notice proof, surveillance video, inspection logs, time interval between hazard creation and fall.
Trip-and-FallPermanent Hazard
Commercial / Residential
Uneven walkways, broken tile, defective stairs, missing handrails, building code violations, ADA compliance issues.
Negligent SecurityThird-Party Crime
Apartments / Hotels / Bars
Foreseeability of crime, prior incident history, security measures in place, lighting, locks, security personnel adequacy.
Swimming Pool CasesDrowning / Injury
Apartments / Hotels / Residential
Florida pool safety statutes, gate and fence requirements, lifeguard duty, lighting, slip surfaces, attractive nuisance for children.
Apartment / Condo CasesLandlord Liability
Residential
Florida landlord duties under Ch. 83, common-area maintenance, condo association responsibility, defective conditions in units.
Dog BiteStrict Liability
Any property
Florida dog bite statute Fla. Stat. § 767.04 imposes strict liability on the dog owner. Comparative fault and provocation defenses apply.
Construction / WorksiteOSHA & Code
Construction sites
Worker injury cases involving subcontractors, general contractors, property owners. OSHA and building code violations. Workers' comp interplay.
Government PremisesSovereign Immunity
Public buildings / Schools
Claims against government entities under Fla. Stat. § 768.28. Sovereign immunity caps. 3-year pre-suit notice requirement.

Summary of common Florida premises liability case types. Each case turns on the particular facts, the visitor classification, the property owner's notice of the dangerous condition, the comparative negligence analysis, and the available coverage.

Case Approach

How a Premises Case Gets Built

Premises liability cases require careful evidence preservation, strong notice proof, and disciplined damages development. Property owners and their insurers contest these cases hard, and the cases that produce strong recoveries are the ones where each element was developed thoroughly.

Scene Investigation and Evidence Preservation

The dangerous condition can be repaired, cleaned, or eliminated within hours. Photographs of the scene, the condition itself, and the surrounding area are critical. Surveillance video at commercial properties is generally overwritten on a 30 to 90 day cycle. A spoliation letter to the property owner demanding preservation of video, incident reports, and maintenance records should issue immediately. Cases where the scene was documented quickly negotiate from a position of strength.

In a slip-and-fall case, the surveillance video that proves the case is generally scheduled for automatic deletion before the bruises fade.

Notice and the FS 768.0755 Problem

Florida's slip-and-fall statute is the single biggest legal hurdle in transitory-substance cases. The injured person must prove the business had actual knowledge of the substance or constructive knowledge based on time the substance was on the floor or recurring nature of the condition. Florida courts have made this proof demanding. Surveillance video showing the time interval between when the substance appeared and when the fall occurred is commonly the deciding evidence.

Visitor Status and Duty Owed

Florida law distinguishes business invitees, licensees, and trespassers. Most claims involve invitees, who are owed the duty to keep the premises reasonably safe and to warn of known dangers. Licensees (social guests) are owed a lesser duty. Trespassers are owed just a duty not to willfully injure. Establishing the correct visitor status at the start of the case shapes everything that follows.

Negligent Security and Foreseeability

When the injury results from a third-party criminal act on the premises, the case turns on foreseeability. Prior similar incidents, the surrounding crime rate, the property owner's awareness, and the adequacy of security measures all become evidence. Negligent security cases are damages-heavy because the injuries are commonly violent crimes (assault, sexual assault, robbery, shooting). Discovery of prior incident reports is commonly the decisive step.

Damages and Litigation Readiness

Premises cases settle when the carrier sees clear notice proof, well-documented damages, and a willingness to try the case. Filing suit, completing discovery, taking the property manager and corporate representative depositions, and pushing toward trial in many cases produces the resolution. The settlement that compensates the injured visitor generally comes when the carrier sees the case is being prepared seriously.

Related Practice Areas

Related Personal Injury Matters

Premises liability cases commonly overlap with other personal injury areas. Each related practice carries a distinct framework.

Serious Injury Cases

Catastrophic injuries with permanent impairment, future medical care, and life-care planning. Common in negligent security and major fall cases.

Learn More →

Wrongful Death

Florida Wrongful Death Act claims under Chapter 768 for families pursuing claims after fatal injuries on unsafe premises.

Learn More →

Insurance Disputes

Coverage denials, undervaluation, and bad faith claims when premises liability carriers refuse to pay fair claim value.

Learn More →

Personal Injury

For accident cases that span multiple categories or where the case posture requires broader personal injury strategy.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Premises cases turn on early scene preservation, surveillance video, and notice proof. Cases that resolve well are the ones where counsel was engaged early, the evidence was preserved before it could be cleaned or overwritten, and the visitor-status and notice analysis was developed properly. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter in most cases creates more options than calling late.

Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

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Eddy's Dogs aka Eddy's K9 Rescue
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Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
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Carlos Zaldivar profile picture
Carlos Zaldivar
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Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to Andre
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Bob R profile picture
Bob R
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Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
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Phil Glatzer profile picture
Phil Glatzer
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As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
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Pedro Carrera profile picture
Pedro Carrera
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I can always count on him. An honest lawyer.

Owner's reply
Thanks Pedro.
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Gabriel Hernandez profile picture
Gabriel Hernandez
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Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
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Andrew Varela profile picture
Andrew Varela
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An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

Owner's reply
I really appreciate that Andrew. Thank you.
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Daniel Hernandez profile picture
Daniel Hernandez
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I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.