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Florida Wrongful Death & Injury Lawyers
Miami Premises Liability Attorney | Florida Premises Liability Lawyers
Treating Every Client Like They’re Our Only Client
Premises liability accidents are nearly any type of accident that occurs on a business’s or person’s property. At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we have years of experience helping individuals recover compensation after accidents and can be trusted to handle your case.
We handle premises liability accidents involving:
- Negligent security
- Slip and fall accidents
- Trip and fall accidents
- Workplace accidents
- Falling objects
- Structural collapse
Our Miami premises liability attorneys have recovered millions of dollars for victims of negligence, including those injured by careless property owners. Our smaller caseload also allows us to personally attend to each of our cases and get to know clients on a personal level. At our firm, our attorney-client relationships are of the utmost importance to us. If you have been involved in an accident in our city or elsewhere in Florida, contact our personal injury law firm for a free case evaluation and consultation.
Contact our lawyers online or call (305) 638-4143 to schedule your free consultation (in English or Spanish!) today.
Table of Contents
- What is Premises Liability?
- Invitees on Premises
- Licensees on Premises
- Trespassers on Premises
- Handling Negligent Security Claims
- What to Prove in Slip & Fall Accident Claims
- Workplace Premises Liability Claims
- Falling Object & Structural Collapse Injuries
What is Premises Liability?
A premises liability case exists when an individual is injured on someone else’s property as a result of the negligence of the property owner or the person in control of the property. In Florida, a property owner or an individual in control of property owes people that come onto the property two separate and distinct duties: (1) to maintain the property in a reasonably safe condition and to (2) warn of dangers on the property that the owner knew or should have known about that the plaintiff could not discover through the use of reasonable care.
The duties will vary depending on a person’s status on the property.
Invitees
In Florida, an invitee can be either a public invitee or a business visitor. A public invitee is a person who is invited to come onto land as a member of the public to use the land for the purpose that it is open to the public. For example, if a person goes to a park to have a picnic with their family, that person would be a public invitee at the park.
A business visitor is an individual that goes onto land for a purpose directly or indirectly connected with the business dealings of the owner or possessor of the land. This would include patrons of a restaurant, shoppers in a grocery store, or any other situation where individuals go onto the land owned by a business for a purpose connected with the business. Both the public invitee and the business visitor are owed the duties of care explained above from the landowner.
The Florida Supreme Court has also established that a visitor that has been invited into someone’s home is considered a “licensee by invitation” and is owed the same standard of care as that of a business invitee. You can read the Florida Supreme Court’s decisions regarding the statuses of individuals in Post v. Lunney and Wood v. Camp.
Licensees
In Florida there are two types of licensees, “invited licensees” and “uninvited licensees.” An invited licensee is owed the same duty as an invitee described above. An uninvited licensee is a person that comes onto property solely for his or her own convenience without any express or implied invitation. A landowner or the individual in control of the land owes the uninvited licensee a duty to avoid willful or wanton harm to him and, upon discovery of his presence, to warn him of any known dangers which would not be open to his ordinary observation. This is a lesser duty than the duty owed to invitees.
Trespassers
The last status a person can have on a property is that of a trespasser. The Florida Legislature has passed a statute dealing with the duties owed to trespassers by a landowner or individual in control of the property.
Issues Leading to Premises Liability Claims
Premises liability claims can arise from various safety concerns and scenarios. Some common issues that frequently lead to premises liability claims include:
- Elevator Accidents
- Escalator Accidents
- Slippery or Hazardous Floors, Stairs, or Balconies
- Dog Bites & Animal Attacks
- Building Code Violations
- Inadequate Daycare Supervision
- Inadequate Security Leading to Assault
- Exposure to Toxic Substances
- Swimming Pool Drownings
- Retention Pond Drownings
- Gas Leaks
- Fires & Explosions
Some of the locations where injuries commonly occur include:
- Retail Stores & Shopping Malls
- Restaurants, Clubs, & Bars
- Office Buildings
- Apartment Complexes
- Hotels & Resorts
- Theme Parks & Water Parks
- Schools & College Campuses
- Public Sidewalks
- Sports Arenas & Entertainment Venues
- Movie Theaters
- Parking Garages
- Private Homes
Our premises liability attorneys are committed to ensuring that individuals who have suffered injuries due to the negligence or recklessness of property owners receive the legal support they need. With our extensive experience and legal knowledge, we can help you navigate the intricacies of premises liability cases in Miami, Florida.
Handling Negligent Security Claims
A property owner and property manager are responsible for providing safe premises with adequate security for their customers, tenants, or anyone that is legally on the property. This means that a business or property owner must take steps to prevent on-premises crimes from occurring if it is reasonably foreseeable that crimes may occur. The more dangerous the history of the property and the surrounding area, the greater the responsibility to provide adequate security. Studies have proven that security cameras, guards, and gates are very effective in reducing crime. Unfortunately, many businesses and property owners do not acknowledge their responsibility to provide adequate security and expose their customers, tenants, and invitees to the unreasonable risk of becoming a victim of violent crime. Click here to learn more about filing a negligent security claim.
What to Prove in Slip & Fall Accident Claims
Slips and falls are the most common cause of injury in public places including stores, malls, and supermarkets. Each year, thousands of people slip and fall due to business owner’s failure to properly maintain and/or clean floors and carpeting. While slip and fall accident cases may seem clear and straightforward, they are not.
A business and its employees have a responsibility to use reasonable care under the circumstances to provide you and your family with a safe environment free from dangerous conditions. This means that to prove your case you must show that the business negligently or intentionally did not provide a reasonably safe environment, that this failure caused you to slip and fall, and that you suffered an injury because of the slip and fall.
The most common example of a business’s failure to provide a reasonably safe environment is when the company allows a puddle of standing liquid to remain on an area of their store for an unreasonable amount of time without cleaning or warning customers about the danger. Under these circumstances, we must prove that the business knew or should have known about the dangerous condition. In many cases, a business’s only defense to your case may be that they did not know, and had no opportunity to know, about the dangerous condition. While it may seem counter-intuitive, in practice this is an effective legal defense. You should hire a premises liability attorney that has significant experience handling slip-and-fall cases. To combat these defenses, our team will work hard to discover evidence in your favor, including, but not limited to video surveillance footage, photographs, witness statements, and records of prior slip and fall accidents.
Filing Workplace-Related Claims
In many instances, a person who suffers a workplace injury brings only a worker’s compensation claim against their employer. However, in some cases where an accident is not the result of your employer’s wrongdoing but is the result of the negligence of an employee of another company, you may be able to bring a claim for personal injury against that company. Workplace accident cases require tremendous attention to detail and significant factual investigation. If you have been involved in a workplace accident, contact our firm to discuss the details of your accident with one of our premises liability lawyers.
Injured by Falling Objects? We Can Help
Michael T. Flanagan has handled claims in some of the most high-profile cases involving structural collapse in recent Miami-Dade County history. Cases involving falling objects or structural collapse may require expert testimony or may be proven through legal inferences of negligence depending on the factual situation.
If you’ve suffered an injury because of a falling object or structural collapse, or some other condition on someone’s premises, contact our firm to tell us about what happened to you and to see how we can help. Our selectivity in taking cases means our attorneys have more time to devote ourselves to your unique needs—at our firm, we treat every client like they’re our only client.
What to Do After a Premises Liability Incident in Florida
The moments after a premises liability incident—whether it’s a slip and fall, an assault due to negligent security, or a falling object—can be overwhelming. Taking the right steps immediately following the accident can protect your health and strengthen your legal claim. Here’s what to do if you’ve been injured on someone else’s property:
1. Seek Medical Attention Immediately
Your health is the top priority. Even if your injuries seem minor, see a doctor right away. Some injuries (like internal damage or concussions) may not show symptoms immediately. Medical documentation also serves as critical evidence in your case.
2. Report the Incident
Notify the property owner, manager, or an employee of the accident as soon as possible. Ask them to create an incident report and request a copy for your records. If the injury occurs in a business or commercial property, this report can be a key piece of evidence.
3. Document Everything
Use your phone to take pictures or videos of the accident scene, including:
- The hazardous condition (wet floor, broken railing, poor lighting, etc.)
- Your injuries
- Any warning signs (or lack thereof)
- The general area where the incident occurred
If anyone witnessed the accident, get their names and contact information—they may be able to support your version of events later.
4. Avoid Giving Statements to Insurance Companies
You may be contacted by the property owner’s insurance company asking for a statement. Avoid discussing fault or accepting any settlement offers until you’ve spoken with a lawyer. Insurance adjusters are trained to minimize payouts.
5. Preserve Evidence
Save any clothing or shoes worn during the incident and keep copies of all medical bills, receipts, and correspondence related to the injury. These materials may be important for proving liability and calculating damages.
6. Contact a Premises Liability Attorney
Premises liability claims can be complex—especially when the property owner or insurance company tries to shift the blame. An experienced attorney can help investigate the incident, identify all liable parties, and fight for the compensation you deserve.
Frequently Asked Questions
How long do I have to file a premises liability claim in Florida?
You typically have two years from the date of the injury to file a personal injury claim in Florida. However, certain exceptions apply. It’s best to contact an attorney as soon as possible to preserve evidence.
Can I still recover damages if I was partially at fault?
Yes. Under Florida’s modified comparative negligence rule, you can recover damages if you were less than 50% at fault, but your compensation will be reduced based on your percentage of fault.
Can I file a claim if I was injured at work but it wasn’t my employer’s fault?
Yes. If a third party (such as a contractor or equipment provider) caused your workplace injury, you may file a third-party premises liability claim in addition to any workers’ comp benefits.
Do premises liability laws apply to private homes?
Yes. Homeowners owe duties to invited guests. If you’re injured due to unsafe conditions—like a broken stair, loose railing, or unmarked hazard—you may be able to file a claim under the homeowner’s insurance.
How much does it cost to hire a Miami premises liability attorney?
At Flanagan & Bodenheimer, we work on a contingency fee basis, meaning you pay nothing upfront, and we only get paid if we win your case. Your initial consultation is always free.
Free Consultation With a Miami Premises Liability Attorney
If you or a loved one has been injured due to unsafe conditions on someone else’s property, don’t navigate the legal system alone. At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we are committed to treating every client like they’re our only client. With a proven track record of recovering millions for injury victims, we focus on high-quality, personalized representation—not high-volume case turnover. Unlike many firms, we limit our caseload so we can provide each client with direct access to their attorney and the attentive service they deserve.
Our firm has extensive experience handling complex premises liability cases involving negligent security, slip and falls, workplace injuries, structural collapse, and more. Whether your accident occurred at a business, hotel, apartment complex, or private residence, we have the knowledge and resources to hold negligent property owners accountable and fight for the compensation you need to heal.
We offer free consultations, and we only get paid if we win your case. Our offices are conveniently located in Miami and Hollywood, Florida, and we proudly represent clients throughout all of Florida, including Coral Gables, Homestead, Aventura, Fort Lauderdale, Hialeah, Pembroke Pines, West Palm Beach, Tampa, Orlando, and beyond.
Call our Miami premises liability lawyers at (305) 638-4143 for a free consultation in English or Spanish.