Premises Liability

Representing the Victims of Premises Liability Negligence (e.g., individuals who have been injured as the result of slip/trip and fall accidents, inadequate security, or malfunctioning amusement park rides) in Miami-Dade County, Broward County (Ft. Lauderdale area), Palm Beach County, Monroe County (Key Largo to Key West), Lee County (Ft. Myers) and throughout the State of Florida

Premises liability involves situations in which a person was injured while legally on the property owned or under the control of another; whether a homeowner, business/building owner, or tenant/occupier. Premises liability covers situations involving injuries originating from a wide variety of situations including: slip/trip and fall accidents, inadequate security, or malfunctioning amusement park rides.

Florida Premises Liability Law

Under Florida’s premises liability law, the person who is responsible for maintaining a property in safe condition (the controller) is liable if someone is injured due to negligent maintenance or operation, or allowing an unsafe condition to exist (e.g., an outside stairway which becomes very slippery when wet due to a worn surface).

The strength of a premises liability action in negligence will generally depend upon the status of the injured person. Under Florida law, the highest duty of care is owed to business invitees who are on the premises for a business purpose.  This means that the property owner/controller must keep the property opened to business invitees in a safe condition and warn invitees of any danger the owner knows or should know about. This includes the duty to regularly inspect the property. Examples of typical business invitees include customers at a shopping mall or a gas station.

Premises Liability Cases in Florida

For Florida premises liability actions involving a commercial premises, the defendant could be the actual owner of the building, the property manager hired by the owner of the building to manage the day to day operations (including “fixing” any hazardous conditions), and/or the tenant, depending upon the facts of the case. As an example, in situations involving an injury occurring in the common areas of a shopping center, the defendants may be the owner of the building and/or the property manager (if there is one). For injuries occurring within the actual space occupied by a tenant (e.g., a shelf which falls on the tenant’s customer), the defendant would ordinarily be the tenant.

Under Florida’s premises liability law, there are, however, situations in which both the tenant and property owner may be appropriate defendants. This scenario may arise when the tenant was itself in the “best” position to know of the hazardous condition posed to its customers. An example would be a situation in which the tenant was the sole occupier of a commercial building and knew that its customers would often be carrying packages or boxes of items purchased at the store which could obscure their view of a dangerous section of the sidewalk which had to be accessed to reach the parking lot.

If you were injured as the consequence of the negligence of a property owner and/or tenant, you may be entitled to compensation for your pain and suffering, medical costs and expenses, and lost wages.

If you believe that you or a loved one may have been injured as the result of the negligence of a property owner or tenant, call us at (305) 279-4740 or contact us online for a FREE consultation to discuss your legal options.  

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