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Miami Premises
Liability Lawyer


Obtained Over $1 Billion in Settlements & Trial Verdicts

Premises Liability

Injuries Caused By Negligent Property Owners

Property owners have a legal duty to address maintenance and safety issues they know about or should have known about or else it could turn into a premises liability claim. At Dolan Dobrinsky Rosenblum Bluestein, LLP, our Miami premises liability lawyers aggressively hold property owners accountable for unsafe conditions that injure guests. We have succeeded in securing verdicts and settlements from malls, hotels, cruise ships and other entities involving cases of property owner neglect.

Our Premises liability Attorneys have recovered more than $100 million in compensation for clients and have secured some of the largest recoveries for any personal injury claim in Florida. Call us (305) 371-2692, for a FREE consultation.

What is a Premises Liability Lawsuit?

Premises liability law is a specific type of personal injury law that allows an injured person to file a claim to seek compensation when the injury occurred on dangerous premises. These are known as premises liability accidents. For example, a slip and fall accident is one type of premises liability case. A property owner (or anyone in control of a property, such as a renter or tenant, property manager, or property overseer) has a duty to correct dangerous conditions on the property or to warn people on the property about any hazards. However, Florida property owners owe different levels of care to different types of people on the property.

A person known as an “invitee” is owed the greatest duty of care. An “invitee” is a person who is on the property as a member of the public (such as someone in a public park or on other public property) or someone who is on the property for business purposes (such as a potential customer at a restaurant or retail establishment). A “licensee” is owed a duty of care, but not as high a duty of care as an “invitee.” A “trespasser” is someone who is not allowed onto the property but unlawfully enters the property anyway.

  • Invitees: people invited onto the property, such as a business customer
  • Licensees: someone who has permission to come onto the property, such as a friend stopping by to visit
  • Trespassers: someone who does not have permission to enter or stay on the property

If the injured person is an “invitee” and the property owner failed to repair hazardous conditions or to warn the “invitee” about hazardous conditions, then the property owner may be liable. However, liability gets more complicated when the injured person is a “licensee” or a “trespasser,” as well as in situations where the injured party bears some responsibility for the accident.

Florida law does allow plaintiffs to recover in some situations where the injured party is a trespasser but the property owner had an “attractive nuisance” like a swimming pool or hot tub.

Premises Liability Cases We Handle

Most premises liability claims are brought against businesses by customers or against private landowners by visitors or guests. A smaller number of premises liability claims are brought by members of the public against the government. Our practice has secured damages in a broad array of premises liability cases, including:

  • Inadequate or negligent security: We have recovered damages for victims of rape, robbery and assaults by demonstrating that a lack of security or a serious security breach enabled the attack.
  • Slips, trips and falls: We handle serious slip-and-fall injures resulting from construction defects, unrepaired hazards, neglected spills and slick surfaces.
  • Accidents at hotels and resorts: We have handled cases of swimming pool and near-drowning accidents in Florida, demonstrating lack of supervision, inadequate training of lifeguards or other safety hazards.
  • Cruise ship accidents: The owner and crew of a cruise ship have a legal duty to provide a reasonably safe environment for passengers.
  • Dog bites: If you, or a family member, has suffered a dog bite or been attacked by a wild animal, talk to one of our attorneys before accepting a settlement for your injuries.

With a background as an insurance defense lawyer, partner Dan Dolan brings valuable strategies for convincing property owners and their insurance companies to settle claims for what you deserve.

How do I find your office?

Parking: You can access our parking structure by turning right off of Bayshore Drive! Once you enter the parking structure you will see a valet stand where you will tell them that you are here to see us and we will validate your parking!

How to get to our office: Make your way to the lobby! Once there, you will find the elevators straight ahead! Take them to the sixth floor and hang a left! We will be there ready to greet you!

Proving a Premises Liability Claim in Miami, Florida

Identify Your Status on the Property

To bring a successful claim, you need to show that the person in possession of the premises did not exercise sufficient care. But how much care do they need to use? Under Florida law, the duty required will depend on your status on the property. In general, there are three types of visitors (referenced above).

Proving Duties

A landlord owes different duties to each type of visitor. For example, for invitees, a landowner owes the highest duty because he has invited the guest onto the property. The owner must regularly inspect the property for hazards and fix them or notify the invitee of them. A property owner can be responsible for hazards he should have known about had he performed an adequate inspection. If an owner fails to satisfy this duty, he can be liable for any injuries.

A property owner owes a lesser duty to licensees. In particular, the owner must maintain the property in a reasonably safe manner, which can include fixing known hazards or warning others of them. However, a property owner does not need to regularly inspect the premises for the benefit of licensees.

A premises owner owes no duty of care to trespassers. Instead, they must refrain from intentionally injuring them. Once a landowner discovers a trespasser, they should warn of any known hazards that the trespasser cannot see with their own eyes. Children are also owed a duty of care if the owner has anything that would attract children to the property, such as a pool, trampoline, or old appliance. These are called attractive nuisances.

Government Premises Liability Cases

The process of getting proper compensation from a property owner is complicated when the owner is a government entity. Whether the property belongs to the federal, state, country or municipal government, there are issues to consider if you have been injured.

Act Quickly

The principle of sovereign immunity means that you cannot sue the federal government for damages unless the government first agrees to be sued. All is not lost, however, as the Federal Tort Claims Act provides this consent for premises liability claims. There are limitations to the FTCA. First, to sue the government, you must present the claim in writing to the correct party. Second, you must do so within two years of the incident. This is shorter than many state statutes of limitations for this type of lawsuit.

Limited Damages

Claims against the government may not provide the full relief available in claims against a private party. Punitive damages, for example, are not available under the FTCA. It is important to understand the possible outcomes of your case before pursuing a premises liability claim.

State, County And City Property

Some states have passed laws mirroring the FTCA to govern lawsuits against state-level government entities. Other states handle immunity differently based on the type of claim. It is important to understand the laws of the state where your accident occurred. All levels of government are prone to administrative and clerical overkill. There are forms, procedures, protocols and other hoops that must be jumped through to get justice. Claims against the government can be confusing for the inexperienced.

An accident on federal land, a state park or a government building can tear a family apart. If you or a loved one has been injured on government property, you need to speak to a knowledgeable premises liability attorney as soon as possible.

Premises Liability FAQs

Where Can a Premises Liability Injury Occur?

Premises liability injuries can occur on almost any property, including but not limited to the following:

  • Restaurants;
  • Retail establishments;
  • Parking lots;
  • Swimming pools;
  • ATMs and banks; and
  • Homes of friends and family members.

Who Is Responsible for a Premises Liability Accident in Florida?

The answer to this question depends upon a number of different factors. If the injured person is an “invitee” and the property owner failed to repair hazardous conditions or to warn the “invitee” about hazardous conditions, then the property owner may be liable. However, liability gets more complicated when the injured person is a “licensee” or a “trespasser,” as well as in situations where the injured party bears some responsibility for the accident.

Florida law does allow plaintiffs to recover in some situations where the injured party is a trespasser but the property owner had an “attractive nuisance” like a swimming pool or hot tub.

What Do I Need to Prove If I Slipped and Fell in a Florida Business?

Florida’s slip and fall laws are friendlier to businesses than to individuals who get hurt on the property. Under Florida law (Fla. Stat. § 768.0755), when a person slips and falls on a substance in an establishment, that individual has to demonstrate that the business had actual or constructive knowledge of the danger and should have taken action to remedy it. An injured party can prove that a business had constructive knowledge by showing one of the following cited by the statute:

  • A dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
  • The condition occurred with regularity and therefore was foreseeable.

Can I Recover If I Was Partially to Blame for My Premises Liability Injury?

Under Florida’s comparative fault law, an injured plaintiff can recover damages even if she was partially at fault for the accident—whether the plaintiff was 1 percent or 99 percent at fault. However, the plaintiff’s damages award will be reduced by her percentage of fault.

Can I Sue For Any Injury Suffered On Someone Else’s Property?

No. To prove that a property owner was liable for your injuries, you must show that his or her actions exposed you to an unreasonable risk of harm. If you fell down the stairs because there was a broken step that the owner just hadn’t gotten around to repairing, that’s premises liability. If the stairs were well-lit, properly maintained, and otherwise safe for use, you may not have a claim. The circumstances of your accident make all the difference. If you are not sure whether you have a claim, you should speak to an attorney as soon as possible to discuss your situation.

What Is Negligent Security?

A lack of proper security can serve as an invitation to criminal activity. Alleys and parking lots can invite criminal assaults or robberies. Places like hotels and cruise ships owe a duty to guests to provide adequate security to deter crime. Negligent security claims arise when a person is injured in a crime that was foreseeable and that could have been prevented by reasonable security measures.

What If The Neighbor’s Dog Bit Me On My Property?

Dog bite and animal attack cases are a subset of premises liability. It is not necessary for a dog bite to occur on the dog owner’s property for liability to arise. Owners are expected to take reasonable steps to protect the public from their animals. If a dog is allowed to run free and it bites someone, it is quite possible that the owner is liable for any resulting harm.

Can I Pursue A Claim From Out Of Town?

Many people injured in hotels, on cruise ships, and at other entertainment locations are not Miami locals. If you were injured while visiting South or Central Florida, our lawyers can work with you to seek compensation in the most convenient way possible. It may be possible to get full compensation without requiring you to travel back to Florida.

What Are Some Common Dangerous Conditions That Give Rise To Injury Claims?

Injuries can result from a wide range of unsafe conditions. Slick or wet floors are a common problem. Swimming pools that are accessible to children and are not staffed with properly trained lifeguards are a problem. Injuries can occur on improperly maintained elevators and escalators, broken sidewalks, in crowded bars, and almost anywhere you can imagine. Property owners who ignore known safety hazards put your safety and the safety of every visitor at risk.

What Are Common Causes of Restaraunt Injuries?

According to, physical fall barriers and hot food are common causes of injuries for restaurant guests. Guests can also slip and fall because of cracked, uneven and damaged floors, buckled carpets, spills and inadequate lighting. Many of these hazards are not so easy for guests to avoid. However, these issues can be prevented by the restaurant staff remaining vigilant and actively monitoring the premises for signs of potential issues that could cause accidents. They should take immediate action to resolve any problems to keep their guests safe.

What Should Restaurants Be Doing For Safety?

Restaurant workers should inform guests of when their food is too hot. They should advise the guests to let their food cool before they eat it. They should regularly check the floors for objects such as napkins, food, dishes, spills and other objects that could cause people to slip, fall and injure themselves. Restaurant operators should station employees where hazards are to inform guests about them so they can direct them away from the dangers, states Staff should also check the lighting to ensure there is full visibility in their establishments, especially near stairs, entrances, and exits.

What Legal Recourse Do I have When Injured by Protesters?

Violent protests seem to be on the rise. As many people are gripped by anger over political issues, they are storming government buildings and private businesses to set fires and scare people. Fortunately, Florida law allows those assaulted or intimidated to bring lawsuits for compensation if they are harmed.

Common Law Remedies

Under Florida’s common law, you might bring a claim for assault or battery if you were attacked or feared attack. Technically, a battery involves any unlawful touching that you did not consent to. So someone who pushes, shoves, or throws something and hits you has committed battery.

With assault, your assailant does not need to touch you. Instead, it is enough that you were threatened by word or action with violence, which caused you to fear that this violence was imminent. Someone who points a gun at you is committing an assault.

Our clients can receive compensatory and sometimes punitive damages. Compensatory damages cover medical care and lost wages, as well as pain and emotional distress. Many people who survive these attacks experience post-traumatic stress disorder, which makes getting on with life difficult.

Civil Remedy for Terrorism

Someone who attacks or occupies a building could also be committing terrorism under the law. Fla. Stat. § 772.13 provides a remedy for those who are the victim of terrorism. Victims can receive three times their actual damages, with a minimum of $1,000, along with reasonable attorneys’ fees. So, you suffered $10,000 in medical care and $5,000 in lost wages, you could receive $45,000 in compensatory damages.

Florida defines terrorism broadly to include many types of violent acts or dangerous activity. However, a person who participates in the terrorism cannot bring a lawsuit under the statute.

Contact Us For A FREE Initial Consultation

If you suffered a serious injury in Miami due to the negligence of a property owner, and need compensation to help pay your medical bills and to fully recover, our lawyers can help. To talk with an experienced Miami premises liability lawyer, call (305) 371-2692 . We offer an honest, no-obligation, FREE case evaluation. Home and hospital visits are available.

Trusting Words From Our Clients

“I have used Manuel Dobrinsky and he is more than excellent. Great communication. More than effective. It was a fantastic support for me having him during my process. Also I can say the best lawyer I ever had.”

J. Cordero

“I was not able to get anyone on the west coast of Florida to look at my case. Manny Dobrinsky took my case and won a settlement for me. He was very thorough and worked hard for me. His assistant Dameris was always there to help me and answer my questions. I was very pleased with this group.”

Susan Curtis

“What an amazing team! Always stay in contact with you and settled my case quick!”

C. Gonzalez

“I endorse this lawyer's work. Manny is one of the brightest trial attorneys that I know. He is an incredibly hard worker and always strives to achieve the best results for his clients. He excels in the Courtroom as well. I would recommend him without reservation.”

A. Weinstein

“The very best there is! Great, talented lawyers, considerate, your best at heart, true human beings.”

Y. Garcia

“Have had and currently have many cases shared with this firm as a plaintiffs’ attorney and find them to have the highest legal and ethical competence in their field of practice.”

A. Parvey

“I have worked with this law firm for many years. They are among the best attorneys I know.”

J. Kushner


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