Home/ Practice Areas/ Personal Injury/ Premises Liability
Premises Liability Representation

Miami Premises LiabilityAttorney

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

!
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.
📞 Call (305) 774-7000 Request Consultation
★★★★★4.8 / 5.0
100+ Verified Client Reviews
Featured on Google · Avvo · Facebook
35+
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
Three 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 defend these cases aggressively, often relying on the open-and-obvious doctrine and comparative fault arguments. Each layer requires its own development from day one.

01

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.

02

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.

03

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

Three Statutes That Define These Cases

Premises liability cases in Florida operate under three 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 expert defense 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. Not legal advice. Each case turns on the specific 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 defend these cases aggressively, 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 typically 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.

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 often 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 only 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 typically violent crimes (assault, sexual assault, robbery, shooting). Discovery of prior incident reports is often 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 often produces the resolution. The settlement that actually compensates the injured visitor typically comes when the carrier sees the case is being prepared seriously.

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 often the deciding evidence.
What is the difference between an invitee, licensee, and trespasser?+
Florida law distinguishes three classes of property visitors with different duties owed. 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 only 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.
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. 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 often 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.
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 typically 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 often available if the property owner's share of fault remains greater than 50%. Each case turns on the specific facts of the visitor's conduct and the property condition.
What does it cost to hire a premises liability attorney?+
Premises liability cases are typically handled on contingency for plaintiff representation: the attorney is paid a percentage of the recovery only if there is a recovery. There is no upfront fee. Costs (filing fees, expert fees, deposition costs) are typically advanced by the firm and reimbursed at resolution. Defense representation is structured differently, typically on hourly or flat-fee arrangements.
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.
Related Practice Areas

Related Personal Injury Matters

Premises liability cases frequently overlap with other personal injury areas. Each related practice carries its own 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.

📞 Call (305) 774-7000 Request Confidential Consultation
Client Reviews

What Clients Say

Verified Google reviews from clients represented by the firm.