Miami Premises Liability Attorney
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. This area of law is known as premises liability. At Dolan Dobrinsky Rosenblum, LLP, in Miami, our 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 lawyers have recovered more than $100 million in compensation for clients and have secured some of the largest recoveries for personal injury in Florida. Call us, 305-371-2692, for a FREE case evaluation.
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.
Contact Us For A FREE Initial Consultation
If you suffered a serious injury in Miami due to the negligence of a property owner, our lawyers can help. To talk with an experienced premises liability lawyer, call 305-371-2692 or 800-610-9491. We offer an honest, no-obligation, FREE case evaluation. Home and hospital visits are available.
Premises Liability FAQs
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. 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.
Where Can a Premises Liability Injury Occur?
Premises liability injuries can occur on almost any property, including but not limited to the following:
- 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:
- 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
- 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.
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 endorse this lawyer's work. Manny is one of the brightest trial attormeys 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