Miami is a place of wonder for anybody who, unfortunately, isn’t a resident. The year-round warm and sunny weather, its remarkable beaches, and its relaxed atmosphere make Miami a popular destination for domestic and international tourists. In fact, Miami had 6.21 million international tourists and 12.66 million domestic tourists in 2023 alone!
For adventure lovers, there’s no shortage of theme parks, and nature lovers can get close to nature by visiting either of the two national parks: the Everglades National Park and Biscayne National Park. Did you know that Miami is the only city in the US surrounded by two national parks?
Unfortunately, all the amazing things about Miami don’t make it immune from the possibility of getting injured. Accidents happen every day, but when they occur on someone else’s property due to unsafe conditions, it’s not just an unfortunate event—it’s something that could have been prevented. You may have a premises liability claim if you slipped on a wet floor at a grocery store, tripped over uneven pavement in a parking lot, or suffered harm due to inadequate security.
At Madalon Law, our Miami premises liability lawyers are here to help you get the compensation you deserve. Property owners have a legal responsibility to maintain safe conditions on their premises, and when they fail to do so, they can be held accountable for the injuries that occur. If you’ve been hurt due to dangerous conditions, you don’t have to handle this alone.
Premises liability covers a wide range of accidents, from slips and falls to negligent security issues. If a property owner fails to fix hazardous conditions or warn visitors of potential dangers, they are legally responsible for any injuries that result. However, understanding the legalities of premises liability claims in Miami can be complex. That’s why having experienced premises liability lawyers in Miami on your side is crucial.
Our attorneys understand Florida law and have a track record of fighting for injured victims. We know how an accident on someone else’s property can turn your life upside down. Medical bills pile up, time off work leads to lost wages, and the emotional toll can be overwhelming. Our goal is to hold negligent property owners responsible and ensure you get the financial compensation you need to move forward.
At Madalon Law, we take care of all the legal details so you can focus on healing. Our Miami premises liability attorneys will work with you to gather evidence, speak to witnesses, and build a strong case against the responsible party. We’re dedicated to fighting for justice on your behalf, whether through negotiations or in court, to secure the maximum compensation you deserve. Let us handle the legal process while you focus on recovery.
Schedule a no-obligation consultation with our Miami premises liability attorneys.
Premises liability refers to the legal responsibility that property owners have to keep their property safe for visitors. Whether it’s a business, apartment complex, or private home, property owners in Miami and throughout Florida must ensure their premises are free of hazards that could cause harm to others. If someone gets injured on their property due to unsafe conditions, the owner may be held accountable through a premises liability claim.
The basic idea behind premises liability is simple: when you invite someone onto your property, you owe them a certain level of care. This means you have to maintain the property in a way that doesn’t put others at risk of injury. If you fail to do so, and someone gets hurt, you could be legally responsible for the damages they suffer.
Legal Foundation for Premises Liability in Florida
In Florida, premises liability law is based on negligence. Property owners are expected to take reasonable steps to prevent accidents. They must identify hazardous conditions and either fix them or warn visitors about the danger. If they don’t, they can be considered negligent and held liable for any injuries that happen as a result.
Florida law distinguishes between different types of visitors to a property, such as invitees, licensees, and trespassers. The level of responsibility the property owner has depends on the visitor’s status.
Common Premises Liability Cases
Premises liability cases can arise from a variety of situations. Some of the most common examples include:
Examples of Hazards That Lead to Premises Liability Claims
A wide range of hazards can lead to a premises liability claim if they cause injury. Some common examples include:
When a property owner’s negligence causes these or other hazards, and someone gets hurt as a result, the injured party has the right to file a premises liability claim. With the help of experienced Miami premises liability lawyers, victims can seek compensation for medical bills, lost wages, and other damages caused by the accident.
Premises liability holds property owners accountable for maintaining safe conditions. You may have a right to compensation if you’ve been injured due to unsafe conditions on someone else’s property. Our Miami premises liability attorneys are here to help you every step of the way.
Florida premises liability laws are designed to hold property owners responsible for maintaining safe conditions on their property. When someone gets injured due to unsafe conditions, the injured person may have the right to file a premises liability claim against the property owner.
To successfully pursue a claim, it’s essential to understand the legal responsibilities of property owners under Florida law, especially the duty of care they owe to different types of visitors.
Types of Visitors and Duty of Care
In Florida, the duty of care a property owner owes to someone on their property depends on the visitor’s legal status. Florida law recognizes three main categories of visitors: invitees, licensees, and trespassers.
Each type of visitor is owed a different level of care, and understanding these distinctions is key to determining whether a property owner may be liable for an injury.
Invitees
Invitees are people who enter a property for a business-related purpose or because they are providing a benefit to the property owner. Examples of invitees include customers at a store, tenants in an apartment complex, or clients visiting a business office. Property owners owe invitees the highest duty of care, which includes:
For instance, if a grocery store has a spill on the floor, the store owner must clean it up quickly or post warning signs around the area to prevent customers from slipping. Failing to do so could result in a premises liability claim if a customer gets injured.
Licensees
Licensees are individuals who enter a property for non-business or social reasons. This includes friends or family members visiting someone’s home. While property owners still owe licensees a duty of care, it’s lower than the duty owed to invitees. Property owners must:
For example, if a homeowner knows that there is a loose handrail on the stairs, they must warn their guest about the issue. However, they are not obligated to inspect the property regularly for potential hazards, like a store owner would for customers.
Trespassers
Trespassers are people who enter someone else’s property without permission. Property owners owe no duty of care to trespassers in most cases, except in certain cases, such as when children are involved. For example, under Florida’s attractive nuisance doctrine, property owners may be liable if a child is injured after being attracted to something dangerous on the property, like an unfenced swimming pool.
The Attractive Nuisance Doctrine
Under Florida’s attractive nuisance doctrine, property owners may be held responsible if a child trespasser is injured due to a dangerous feature on the property that is likely to attract children. Examples of attractive nuisances include swimming pools, trampolines, and abandoned machinery.
Even though a child may be trespassing, the law recognizes that children may not fully understand the dangers posed by certain attractions. Property owners are responsible for taking reasonable steps to protect children from these hazards. This could include installing a fence around a swimming pool or securely locking away dangerous equipment. The owner can be held liable if a child is injured because the property owner failed to take proper precautions.
Statutes and Legal Precedents Governing Premises Liability in Florida
Common law principles of negligence and specific state statutes govern premises liability in Florida. The foundation of a premises liability claim is based on negligence, which means proving that the property owner did not act with reasonable care to prevent harm. To succeed in a premises liability case, the injured party must show that:
Additionally, Florida’s statutes of limitations require that premises liability lawsuits be filed within two years of the date of the injury (for incidents after March 24, 2023). Failing to file within this time frame could bar the victim from seeking compensation.
Florida premises liability laws place a significant responsibility on property owners to maintain safe environments for visitors. The level of care owed to a person on the property depends on their legal status—whether they are an invitee, licensee, or trespasser. Business invitees are owed the highest duty of care, while social guests and trespassers have more limited protections. In cases involving children, property owners must take extra steps to secure any dangerous features that could attract young trespassers.
Premises liability covers a wide range of accidents on someone else’s property. In each case, the property owner may be held responsible if they fail to keep their premises safe. Below are some of the most common types of premises liability cases, each highlighting different hazards that can lead to serious injuries. If you have experienced any of these types of accidents, working with Miami premises liability lawyers can help you pursue compensation for your injuries.
Slip and Fall Accidents
Slip and fall accidents are among the most frequent premises liability cases. These accidents occur when a person slips on a hazardous surface, leading to injuries like broken bones, sprains, or head injuries. Common causes include wet floors, ice, spilled liquids, or debris left on walkways. Property owners must take reasonable steps to prevent these hazards or warn visitors when a dangerous condition exists.
For example, in a grocery store, if there is a spill, the store owner must clean it up immediately. If immediate cleaning isn’t possible, the owner or employees must put up a warning sign to alert customers to the hazard. The store owner can be held responsible for any injuries without proper warning or action. Slip and fall accidents can happen anywhere, from restaurants to office buildings, and they often lead to significant medical bills and time away from work.
Trip and Fall Accidents
Trip and fall accidents are similar to slip and falls but occur when a person trips over something on the ground. This could be uneven pavement, poorly maintained floors, or objects left in walkways. For example, a broken sidewalk or a loose piece of carpet in a store can easily cause someone to trip and suffer serious injuries.
Property owners are responsible for ensuring that walkways are safe. If there are any hazards, they must either fix them or provide adequate warning until repairs are made. Failing to do so can result in a trip and fall accident, leaving the property owner liable for damages. These types of accidents can cause severe injuries, especially for older individuals who may not recover as easily from falls.
Negligent Security
Negligent security is another common type of premises liability case. Property owners are responsible for maintaining physical safety and providing adequate security to protect visitors from potential criminal activity. This is especially important in areas with a history of crimes, such as parking lots, apartment complexes, and hotels.
If a property owner fails to provide appropriate security measures—such as hiring security guards, installing cameras, or ensuring adequate lighting—and someone is assaulted, robbed, or harmed on the property, they can be held responsible for the injuries caused by criminal acts. Negligent security cases often involve assaults or robberies that could have been prevented with better security measures.
Swimming Pool Accidents
Swimming pools can be dangerous if not properly maintained or secured, and pool accidents are another common type of premises liability case. In Florida, where pools are common, property owners must take extra precautions to prevent accidents like drownings or injuries from unsafe pool environments.
Pool owners must ensure that the area is properly fenced, gates are locked, and safety equipment is available. For example, a lack of fencing around a pool might attract children, leading to tragic accidents. In these cases, the property owner can be held liable for failing to secure the area. Drowning is the most serious risk, but other hazards like slippery surfaces around the pool, defective pool equipment, or lack of supervision can also result in severe injuries.
Dog Bites and Animal Attacks
Property owners with pets, especially dogs, must ensure that their animals do not threaten visitors. In Florida, dog owners are often held strictly liable if their dog bites someone, regardless of whether it has a history of aggression. If a dog bites a visitor or passerby on the owner’s property, the owner can be responsible for the resulting injuries.
Dog bites can cause severe physical harm, emotional trauma, and infections. Even if a property owner claims the dog has never bitten anyone, they may still be liable if their animal attacks someone. To prevent these incidents, dog owners must take precautions, such as keeping their dog on a leash or behind a secure fence.
Construction Site Hazards and Crane Accidents
Construction sites are full of potential dangers, from heavy machinery to open pits. If a property owner or contractor fails to maintain a safe construction environment, they can be held liable for any injuries that occur. Common hazards at construction sites include falling debris, exposed wires, and poorly marked areas where construction work is taking place.
Crane accidents are another significant risk on construction sites. Cranes can cause devastating injuries if they malfunction or if proper safety procedures are not followed. Workers and passersby can be seriously injured by falling materials, moving machinery, or even by the crane itself. Property owners and construction site operators must follow strict safety regulations to prevent these types of accidents.
Elevator and Escalator Accidents
Elevators and escalators are convenient but can become dangerous if improperly maintained. Mechanical failures, such as sudden stops, improper leveling, or malfunctioning doors, can cause serious injuries to passengers. If a property owner neglects regular maintenance or fails to repair known issues, they may be liable for any injuries that result from an accident.
Elevator accidents can lead to falls, crush injuries, or even entrapment, while escalator accidents often involve falls or limbs getting caught in the machinery. Regular inspections and prompt repairs are crucial to ensure the safety of anyone using these systems.
Inadequate Lighting and Obstructed Walkways
Inadequate lighting and obstructed walkways are common hazards that can lead to injuries. Poor lighting makes it difficult for visitors to see potential dangers, such as steps, uneven surfaces, or other obstacles. This can increase the risk of falls, particularly in parking lots, stairwells, and walkways.
Obstructed walkways, where objects block a path, also pose a risk. Whether it’s a misplaced box in a store aisle or construction debris left in a hallway, these obstacles can cause people to trip and fall. Property owners must ensure that walkways are clear and well-lit to avoid these types of accidents.
Fires and Electrical Hazards
Fires and electrical hazards are serious dangers that property owners must prevent. This includes ensuring that fire alarms, smoke detectors, and sprinkler systems are functional and up to code. Property owners must also regularly inspect electrical systems to prevent issues like faulty wiring or overloaded circuits, which can lead to fires or electric shocks.
If a fire or electrical malfunction occurs due to poor maintenance or negligence, and someone is injured, the property owner can be held responsible. Burns, smoke inhalation, and electrocution are just a few of the injuries that can result from these hazards. Property owners have a duty to take all reasonable steps to prevent these kinds of dangerous situations.
In premises liability cases, negligence plays a key role in determining whether a property owner can be held responsible for an injury. Legal negligence, in this context, means that the property owner failed to meet a standard of care required by law. When this failure leads to someone getting hurt, the injured party may be entitled to seek compensation through a premises liability claim. To succeed in such a case, it’s essential to understand the four key elements of negligence: duty, breach of duty, causation, and damages.
Defining Negligence in Premises Liability
Negligence in premises liability refers to a property owner’s failure to act as a reasonably careful person would under similar circumstances. Florida law requires property owners to maintain safe conditions for visitors, but when they neglect this responsibility, accidents can happen. Whether the property owner was inattentive to a hazardous condition or failed to warn visitors of a known danger, their actions (or lack thereof) can be considered negligent.
To win a premises liability case, the injured party (the plaintiff) must prove that the property owner (the defendant) was negligent. This involves demonstrating that the property owner’s negligence directly caused the injury and that the injury resulted in damages, such as medical bills, lost wages, or pain and suffering.
The Four Elements of Negligence
To establish negligence in a premises liability case, the plaintiff must prove four essential elements: duty, breach of duty, causation, and damages.
1. Duty of Care
The first element of negligence is the duty of care. In a premises liability case, the duty of care refers to the legal obligation that a property owner has to keep their property reasonably safe for visitors. The level of duty owed depends on the type of visitor. As mentioned in the previous section, invitees (such as customers or tenants) are owed the highest duty of care, while licensees and trespassers are owed lesser duties.
For invitees, the property owner must regularly inspect the premises for hazards, repair any dangers, and warn visitors about any risks that cannot be fixed immediately. For licensees, property owners are only required to warn of known dangers that are not obvious. Trespassers, in most cases, are not owed any duty of care except for children under the attractive nuisance doctrine.
To prove a premises liability case, the plaintiff must first show that the property owner had a duty to protect them from harm based on their status as a visitor.
2. Breach of Duty
The second element is a breach of duty. This occurs when the property owner fails to uphold the duty of care owed to the visitor. For example, if a grocery store fails to clean up a spill in a timely manner or does not place warning signs around a wet floor, they may be considered to have breached their duty to keep the premises safe.
In order to demonstrate a breach of duty, the plaintiff must show that the property owner did not take reasonable steps to prevent the accident. This might involve proving that the owner or their employees knew or should have known about the hazardous condition but failed to fix it or provide a warning.
3. Causation
The third element of negligence is causation. This means that the plaintiff must prove that the property owner’s breach of duty directly caused their injury. It’s not enough to show that a hazard existed; the plaintiff must demonstrate that the hazard led to the accident and the resulting injuries.
For example, if someone slips and falls on a wet floor at a restaurant, they must show that the fall was directly caused by the restaurant’s failure to clean up the spill or place a warning sign. If the plaintiff can’t establish a clear link between the hazardous condition and their injury, the property owner may not be held liable.
Causation can be broken down into two parts:
4. Damages
The final element of negligence is damages. In order to have a valid premises liability claim, the plaintiff must prove that they suffered actual damages as a result of the accident. These damages can include physical injuries, financial losses, and emotional distress.
Common damages in premises liability cases include:
The plaintiff must provide evidence of these damages, such as medical records, pay stubs, or testimony from doctors, to show how the injury has affected their life.
Proving Negligence in a Premises Liability Case
To win a premises liability case in Miami, the plaintiff must establish all four elements of negligence: the property owner owed them a duty of care, breached that duty, caused the injury, and the injury resulted in damages. If any one of these elements is missing, the case may not succeed.
For example, if the plaintiff was injured but cannot prove that the property owner was aware of the dangerous condition or that the condition directly caused the injury, the property owner may not be held liable. Similarly, if the plaintiff cannot show any actual damages resulting from the accident, there may not be a valid claim.
This is why working with experienced Miami premises liability lawyers is crucial. At Madalon Law, our attorneys have extensive experience investigating premises liability cases, gathering evidence, and building strong cases to prove negligence. If you’ve been injured on someone else’s property, we can help you understand your legal rights and guide you through the process of seeking the compensation you deserve.
In premises liability cases, injuries can vary greatly depending on the type of accident and the hazards involved. Some injuries may be minor, while others can be life-changing and require extensive medical care.
Here are some of the most common injuries people experience in premises liability cases and how they can impact a victim’s health and quality of life.
Traumatic Brain Injuries (TBI)
Traumatic brain injuries (TBI) are some of the most serious injuries that can result from a slip and fall, trip and fall, or an assault due to negligent security. A TBI occurs when a sudden impact or blow to the head disrupts the brain’s normal function. Even a seemingly minor fall can cause a concussion or more severe brain damage.
Symptoms of a TBI can range from headaches and dizziness to memory loss, cognitive impairment, and long-term disability. Severe cases may require surgery, rehabilitation, and long-term care, leaving the victim with lasting physical and emotional challenges.
The costs of treating a TBI can be significant, and victims may need to seek compensation for ongoing medical bills and lost income due to their inability to work.
Spinal Cord Injuries
Spinal cord injuries are another devastating result of accidents that occur on unsafe premises. A slip or fall, especially from a height, can cause severe damage to the spine. Spinal cord injuries often lead to partial or complete paralysis, depending on the severity of the injury and where the spinal cord was damaged.
These injuries can permanently change a person’s life, affecting their mobility, independence, and ability to perform daily activities. Treatment for spinal cord injuries often involves surgery, physical therapy, and the use of assistive devices such as wheelchairs. The long-term medical care required for these injuries can be overwhelming, both physically and financially.
Broken Bones and Fractures
Broken bones and fractures are common in premises liability cases, particularly in slip and fall or trip and fall accidents. The force of a fall can cause bones to break, particularly in vulnerable areas like the wrists, ankles, and hips. Older adults are especially at risk for fractures, which can lead to complications and a lengthy recovery process.
While some fractures heal with rest and medical treatment, more severe breaks may require surgery, physical therapy, and extended recovery time. Broken bones can also lead to long-term pain and limited mobility, affecting a person’s ability to work or engage in everyday activities.
Burns and Electrocutions
Burns and electrocutions can occur on properties where there are fire hazards or exposed electrical wiring. For example, faulty electrical systems, broken appliances, or fire hazards like improperly stored chemicals can lead to serious injuries. Burns can cause significant pain, scarring, and, in severe cases, life-threatening complications.
Electrocution injuries can result in nerve damage, heart issues, or even death, depending on the severity of the shock. Victims of burns and electrocutions may require extensive medical treatment, including surgeries and long-term care, making it essential to seek compensation for their injuries.
Soft Tissue Injuries
Soft tissue injuries, such as sprains and strains, are common in slip-and-fall or trip-and-fall accidents. These injuries affect the muscles, tendons, and ligaments and can be painful and limiting. Sprains and strains might not seem as serious as other injuries, but they can cause significant discomfort and require physical therapy or medical treatment to heal properly.
Soft tissue injuries often lead to lost time from work, limited mobility, and difficulty performing routine tasks. While they may not be as visible as broken bones or burns, they still impact the victim’s life and require compensation for treatment and recovery.
Injuries from Assaults or Criminal Acts Due to Inadequate Security
Premises liability also includes injuries resulting from criminal acts, such as assaults or robberies, when inadequate security is to blame. If a property owner fails to provide proper lighting, security personnel, or functioning locks, they can be held responsible if someone is harmed due to criminal activity on their property.
Injuries from assaults can include physical trauma like cuts, bruises, broken bones, or even gunshot wounds. Victims may also suffer from emotional trauma, anxiety, and post-traumatic stress disorder (PTSD). These injuries often require not just physical treatment but also psychological care, which can add to the long-term costs of recovery.
Impact of Serious Injuries
Many of the injuries mentioned above require long-term medical care and rehabilitation. Traumatic brain injuries, spinal cord injuries, and severe burns can lead to permanent disability, affecting the victim’s ability to live independently, return to work, or enjoy their previous quality of life.
Victims may face significant medical bills for surgeries, therapy, and specialized equipment like wheelchairs or prosthetics. Additionally, they may need assistance with daily activities or home modifications to accommodate their injuries. This makes it crucial for victims to seek compensation for their immediate medical costs and future care needs.
If you’ve been injured on someone else’s property in Miami, navigating the legal process can feel overwhelming, especially when you’re already dealing with physical pain and financial stress.
Hiring an experienced Miami premises liability lawyer can make all the difference in the outcome of your case. A skilled lawyer will not only help you understand your legal rights but also ensure that you receive the compensation you deserve for your injuries, lost wages, and other damages.
Why Hiring an Experienced Miami Premises Liability Lawyer Is Crucial
Premises liability cases can be complex, requiring a thorough understanding of Florida laws and a strong legal strategy.
Property owners and their insurance companies often try to avoid paying fair compensation, making it difficult for victims to get the justice they deserve. This is where having an experienced Miami premises liability lawyer by your side is essential.
At Madalon Law, our team has years of experience handling premises liability cases. We understand the tactics insurance companies use and know how to build a solid case that protects your rights.
From investigating the accident to negotiating with insurance companies, we handle every step of the legal process, allowing you to focus on your recovery.
Steps Madalon Law Takes to Build a Strong Case
When you hire Madalon Law, we follow a detailed process to ensure that your case is thoroughly investigated and prepared for success. Here’s how we build a strong premises liability case on your behalf:
Benefits of Having Legal Representation
Having legal representation in a premises liability case offers numerous benefits. At Madalon Law, we work tirelessly to protect your rights and secure the maximum compensation possible for your injuries. Here are some of the key advantages of hiring our experienced Miami premises liability lawyers:
If you’ve been injured on someone else’s property, having a Miami premises liability lawyer from Madalon Law can significantly improve your chances of getting the compensation you deserve.
Our experienced attorneys will investigate the accident, gather evidence, consult with experts, negotiate with insurance companies, and, if necessary, prepare your case for trial. We are committed to ensuring that you receive full and fair compensation for your injuries, allowing you to focus on healing and moving forward with your life. Contact Madalon Law today to discuss your case and learn how we can help.
If you’ve suffered injuries on someone else’s property due to unsafe conditions, you may be entitled to compensation through a premises liability claim. The compensation available in these cases is meant to cover the financial and emotional burdens of your injury.
Miami premises liability lawyers can help you pursue the full damages you deserve. Below, we’ll break down the compensation you can receive if you’ve been injured in a premises liability accident.
Medical Expenses
One of the most immediate concerns after an injury is the cost of medical treatment. Compensation for medical expenses is a critical part of premises liability claims, as injuries can lead to significant medical bills. These expenses include:
By working with an experienced Miami premises liability attorney, you can ensure that your current and future medical expenses are properly accounted for in your claim.
Lost Wages
After an injury, you may need to take time off from work to recover. If your injury has caused you to miss work, you can seek compensation for your lost wages.
This includes any income you’ve lost from the time of the accident until you are able to return to work. Even if you have used paid leave or vacation time during your recovery, you can still claim compensation for the income you would have earned if not for the injury.
Your lawyer will work with you to document your lost wages and ensure that this important aspect of your claim is properly calculated.
Loss of Earning Capacity
In some cases, the injuries you suffer may be so severe that you are unable to return to your previous job. If the accident has affected your ability to work in the same role or at the same level, you can seek compensation for loss of earning capacity. This applies if:
Loss of earning capacity compensation helps cover the financial gap caused by your reduced ability to earn income in the future. This type of compensation can be complex to calculate, as it requires consideration of your previous income, job role, and potential future earnings. A skilled Miami premises liability attorney can work with financial and vocational experts to determine the full value of your loss.
Pain and Suffering
In addition to the financial losses caused by your injury, you may also be entitled to compensation for pain and suffering. This includes both the physical pain and the emotional distress you’ve experienced as a result of the accident. Pain and suffering compensation covers:
Since pain and suffering are not easily measured in dollars, the amount you can claim can be quite different, depending on the severity of your injury and the long-term impact. Your lawyer will work to build a strong case that clearly demonstrates how the injury has affected you both physically and emotionally.
Property Damage
In some premises liability cases, your personal property may be damaged during the accident. For example, if you fell and broke your phone, laptop, or other personal belongings, you can seek compensation to repair or replace those items. While property damage might not be the largest portion of your claim, it’s still an important element that should not be overlooked.
Punitive Damages
In rare cases, you may be eligible for punitive damages. These are not meant to compensate you for your injuries but rather to punish the property owner for particularly reckless or intentional behavior.
Punitive damages are awarded in cases where the property owner’s actions go beyond ordinary negligence. For example, if a property owner knowingly ignored a dangerous condition that had previously caused harm to others, they might be subject to punitive damages.
While punitive damages are not common in premises liability cases, they can be a significant part of your compensation if the circumstances of the accident are extreme.
The compensation available in premises liability cases is meant to help you recover from your injury and cover both the financial and emotional costs you’ve incurred. From medical expenses to lost wages, pain and suffering, and even punitive damages in certain cases, a successful claim can make a significant difference in your ability to move forward after an accident.
By working with experienced Miami premises liability lawyers, you can ensure that every aspect of your case is properly addressed and that you receive the full compensation you deserve.
If you’ve been injured on someone else’s property, it’s important to act quickly to protect your health and your legal rights. The steps you take immediately after a premises liability accident can make a big difference in your ability to seek compensation for your injuries. Here’s a practical guide on what to do after an accident:
Seek Immediate Medical Attention
The first and most important step after an accident is to seek medical attention, even if your injuries seem minor. Some injuries, like concussions or internal damage, may not show symptoms right away but can worsen over time. A medical professional can assess your condition and provide treatment. Additionally, medical records serve as key evidence in your premises liability claim, showing the extent of your injuries.
Report the Incident to the Property Owner or Manager
Once you’ve received medical care, it’s important to report the accident to the property owner, manager, or whoever is responsible for the premises. Be sure to document the details of the conversation and ask for a copy of any incident report that is filed. Reporting the accident creates a record that you were injured on their property, which will be critical if you pursue a legal claim.
Document the Scene
Take photos and videos of the accident scene as soon as possible. This should include the hazardous conditions that caused your injury, such as a wet floor, broken stairs, or poor lighting. If you cannot do this yourself, ask someone to assist you.
Proper documentation can serve as key evidence proving that the property owner was negligent and the dangerous condition existed.
Collect Witness Information
If anyone witnessed the accident, ask for their contact information. Witnesses can provide valuable testimony about the hazardous condition and how the accident occurred.
Their statements can be crucial in establishing that the property owner was responsible for the unsafe environment. Be sure to get their names, phone numbers, and email addresses.
Keep a Record of Medical Treatment and Expenses
Keep track of all medical treatments, including doctor visits, prescriptions, physical therapy, and any other related expenses. This will help show the impact of the injury on your health and finances.
Keep copies of medical bills, receipts, and insurance correspondence. This documentation is essential when calculating the full extent of your damages, which include medical costs and any lost wages.
Contact a Miami Premises Liability Lawyer
Finally, contact an experienced Miami premises liability lawyer as soon as possible. A skilled attorney can guide you through the legal process, help gather evidence, and negotiate with insurance companies to ensure you receive fair compensation.
At Madalon Law, we are ready to help you understand your legal rights and fight for the compensation you deserve. The sooner you contact a lawyer, the better your chances of building a strong case.
If you’ve been injured on someone else’s property due to unsafe conditions, it’s crucial to understand the statute of limitations for filing a premises liability claim in Florida. The statute of limitations is the legal deadline for filing a lawsuit. If you miss this deadline, you may lose your right to seek compensation for your injuries, no matter how strong your case might be.
Florida’s statute of limitations for most premises liability claims is two years. This means that you have two years from your accident to file a lawsuit against the property owner. However, this deadline wasn’t always two years.
Before March 24, 2023, the statute of limitations for premises liability claims in Florida was four years. This longer deadline gave victims more time to recover from their injuries and gather the necessary evidence before filing a claim. However, with the new law in place, incidents after March 24, 2023, must be filed within two years. This means that if your injury happened on or after that date, you must file your claim within this shorter window.
Why Acting Quickly Is Important
The statute of limitations might seem like plenty of time, but it’s important not to delay. Building a strong premises liability case takes time. Evidence, such as security camera footage, witness statements, and incident reports, can be lost or become harder to collect as time passes. Property owners may fix the hazardous condition, making proving that their negligence caused your injury more difficult.
Additionally, waiting too long to file a claim can make it harder to negotiate with insurance companies. They may argue that your injuries weren’t serious enough to file a claim if you delay taking action, or they could offer a lower settlement, hoping you’ll accept it to avoid missing the deadline.
Because of Florida’s strict statute of limitations, it’s essential to consult with a Miami premises liability lawyer as soon as possible after your accident. A lawyer can help ensure that your claim is filed on time and that you can recover the compensation you need. At Madalon Law, our experienced attorneys will work quickly to investigate your case, gather evidence, and protect your legal rights.
If you’ve been injured on someone else’s property, don’t wait. Act now to preserve your right to compensation. Contact Madalon Law for a free consultation and learn how we can help you navigate the legal process and meet all necessary deadlines.
If you’ve been injured in a premises liability accident, understanding the legal process can help you feel more confident as you move forward with your claim. Below is a step-by-step overview of what to expect when working with a Miami premises liability lawyer.
Initial Consultation
Your first meeting with a premises liability lawyer is known as the initial consultation. During this meeting, your lawyer will listen to your account of the accident, review any documentation you have, and ask questions to understand your case better.
This is also your chance to ask questions and get an idea of how your lawyer plans to approach your case. At Madalon Law, we offer free consultations to help you decide whether to pursue legal action without any upfront costs.
Investigation
After you hire a lawyer, the next step is the investigation. Your lawyer will thoroughly investigate the circumstances of your accident to build a strong case. This involves gathering evidence such as:
The investigation phase is crucial because it helps establish the facts of the case and proves that the property owner’s negligence caused your injury. Your lawyer may also consult with experts, such as engineers or safety professionals, to strengthen your claim.
Filing the Lawsuit
If negotiations with the property owner or their insurance company are unsuccessful, your lawyer may proceed with filing a lawsuit. This involves submitting a legal complaint to the court, outlining your claims against the property owner. The complaint will detail the facts of the case, the nature of your injuries, and the compensation you are seeking.
Once the lawsuit is filed, the defendant (the property owner or their insurance company) will be served with legal papers and required to respond to the complaint within a specific time frame.
Discovery Phase
After the lawsuit is filed, both parties enter the discovery phase. This is the part of the legal process where both sides exchange information and evidence related to the case. During discovery, your lawyer may:
Discovery is important because it allows your lawyer to learn more about the defendant’s side of the case and prepare for possible defenses they might raise.
Settlement Negotiations
Many premises liability cases are resolved through settlement negotiations before reaching trial. Your lawyer will negotiate with the defendant’s insurance company or legal team to try to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
During this stage, your lawyer will advise you on any settlement offers and help you determine whether they are fair. The case may be resolved without going to court if a reasonable offer is made.
Trial
If settlement negotiations don’t result in an agreement, the case may go to trial. During the trial, both sides will present their evidence and arguments before a judge or jury. Your lawyer will present your case, call witnesses, and introduce evidence to prove the property owner’s negligence.
At the end of the trial, the judge or jury will decide whether the defendant is liable and, if so, how much compensation you should receive. While trials can be time-consuming, having an experienced Miami premises liability lawyer by your side ensures your case is presented in the best possible light.
Premises liability cases can be confusing, especially if you’ve never been involved in a legal matter before. To help you understand your rights and options, here are answers to some of the most common questions about premises liability.
What is premises liability?
Premises liability refers to the legal responsibility that property owners have to keep their property safe for visitors. If someone is injured on the property due to dangerous conditions, the property owner can be held responsible for those injuries.
This applies to both residential and commercial properties, including grocery stores, restaurants, shopping malls, apartment complexes, and more.
Property owners must ensure their premises are free from hazards, such as slippery floors, broken stairs, or inadequate lighting. When they fail to do so, and someone gets hurt, they may be liable for the resulting injuries and damages.
Premises liability covers a variety of accidents, such as slip-and-fall, trip-and-fall, dog bites, and accidents caused by inadequate security.
How do I know if I have a premises liability case?
To determine whether you have a valid premises liability case, you must consider the following factors:
If you meet these conditions, you may have a premises liability case. A Miami premises liability lawyer can help assess your situation and advise you on your next steps.
What compensation can I receive in a premises liability case?
If you’ve been injured in a premises liability accident, you may be entitled to several types of compensation, also known as damages. These may include:
How long do I have to file a premises liability lawsuit in Miami?
In Florida, the statute of limitations for filing a premises liability lawsuit is two years from the date of the accident, as of March 24, 2023. Before this change, the deadline was four years, but now anyone injured after that date must file their claim within two years. You may lose your right to seek compensation if you miss this deadline.
It’s important to act quickly after an accident. The sooner you consult a Miami premises liability lawyer, the sooner they can gather evidence and build a strong case on your behalf.
What should I do if I’m partly to blame for my accident?
Florida’s modified comparative fault rule will apply to your case if you believe you may be partly responsible for your accident. Under this rule, you can still recover compensation if you are partly at fault for the accident, but your compensation will be reduced by the percentage of fault assigned to you.
For example, if you are found to be 30% at fault for the accident, your total compensation will be reduced by 30%. However, if you are found to be more than 50% at fault, you may not be able to recover any compensation.
An experienced Miami premises liability lawyer can help you understand how this rule may impact your case and work to minimize your percentage of fault.
Can I file a claim if I was hurt on government property?
Yes, you can file a claim if you were injured on government property, but some special rules and limitations apply. In Florida, claims against government entities are subject to sovereign immunity, which limits the amount of compensation you can recover and imposes strict requirements for filing a claim.
For example, the maximum compensation you can recover from a government entity is typically capped at $200,000 per person. Additionally, before you can file a lawsuit, you must provide written notice of your claim to the government entity within six months of the accident. If you fail to meet these requirements, your claim may be barred.
Given these limitations, working with a Miami premises liability lawyer with experience handling claims against government entities is essential.
Do all premises liability cases go to trial?
No, most premises liability cases are settled out of court. Settlement negotiations between your lawyer and the property owner’s insurance company often successfully reach an agreement that fairly compensates you for your injuries. Settling a case can be faster and less stressful than going to trial.
However, your lawyer may recommend taking the case to court if a fair settlement cannot be reached. In that case, your attorney will prepare the case for trial and represent you before a judge or jury. An experienced Miami premises liability lawyer ensures your case is handled professionally, whether it settles or proceeds to trial.
If you’ve been injured due to unsafe conditions on someone else’s property, navigating the legal process can feel overwhelming. Medical bills, lost wages, and the emotional toll of your injuries can make it difficult to focus on recovery. At Madalon Law, we understand what you’re going through, and we are committed to helping you get the justice and compensation you deserve.
Our Miami premises liability lawyers are here to guide you through every step of the legal process. We know that every case is unique, which is why we take the time to listen to your story, investigate your accident thoroughly, and develop a legal strategy tailored to your needs. With years of experience handling premises liability cases, we are prepared to fight for the maximum compensation you are entitled to.
Take the First Step Toward Recovery
Don’t navigate the aftermath of your premises liability accident alone. Madalon Law is here to provide the legal support and aggressive representation you need to move forward. Contact us today for a free consultation, and let our experienced Miami premises liability lawyers help you secure the compensation you need to recover.
Call us today for a FREE CONSULTATION and discuss your case with an experienced premises liability attorney.
At Madalon Law, we ensure that justice prevails.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
