Every day, people are injured by unsafe conditions and hazards located in restaurants, amusement parks, grocery stores, hotels and other areas managed by property and business owners. Property owners, business owners, and landlords have a duty to maintain safe conditions for guests who enter their property. When property owners violate their duty of care and fail to repair dangerous conditions on their property, serious injuries and in some cases, death can occur.
There are many complex issues associated with premises liability cases, and therefore, it is important for a victim to retain a skilled premises liability attorney to assess the case and develop a plan of action so that the victim can recover damages. If you or a loved one have been injured due to an unsafe condition on the property of another, you could be entitled to damages for your injuries. Call Prosper to discuss you premises liability claim today.
Types of Premises Liability Claims
Premises liability covers a broad variety of claims due to the fact that unsafe conditions can be found anywhere. Some of the most common premises liability claims in Miami, Florida include:
- Slip and falls
- Swimming pool accidents and drowning
- Defective handrails
- Animal attacks and dog bites
- Escalator and elevator accidents
- Violent crimes and sexual assault
- Improper upkeep
- Stairway accidents
- Cracked and uneven sidewalks
- Amusement park accidents
- Negligent or inadequate security
- Fire hazards
- Inadequate lighting
- Merchandise that is unsafely stacked in a store
- Exposure to toxic chemicals and fumes
In order to prove that a property owner, business owner or landlord in Miami was negligent in a premises liability claim, a victim must prove three factors. To prove negligence, a plaintiff must show the court that:
- The property owner, business owner, or landlord knew or should have known about a hazardous condition on the property;
- The property owner, business owner, or landlord failed to repair or remove the hazardous condition on the property;
- The negligence of the property owner, business owner, or landlord caused the victim harm; and
- The victim suffered damages as a result of the negligence.
Liability in Miami Premises Liability Lawsuits
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In Florida, the duty of care that a property owner, business owner, or landlord owes to a visitor of the premises differs based on why the individual was visiting in the first place. Florida law recognizes three types of visitors:
- Invitees, meaning business visitors and invited social guests
- Uninvited licensees, meaning people allowed on the property but not invited
- Trespassers
Business invitees are owed the highest duty of care. These individuals visit a property for business purposes. The individual who possesses the property has a duty to maintain the property in a safe condition and if there are any dangerous conditions that the possessor of the property knows or should know about, he or she must warn the business invitee. Regularly inspecting the property for unsafe conditions is a duty that possessors of property owe to business invitees.
Invited social guests get the same protection as business invitees under Florida law (Wood v. Camp, 284 So. 2d 691 (Fla. 1973)). The person who possesses or controls the property must use reasonable care to keep it safe for them and warn them of hidden dangers the owner knows or should know about that a guest would not notice. An uninvited licensee is someone who comes onto the property for their own purposes without an invitation, express or reasonably implied. The owner owes them less: no willful misconduct or wanton negligence, and a warning of known dangers they would not readily notice.
Trespassers are people who enter property without the owner’s permission. The reason why a trespasser enters someone else’s property is not important. The individual who possesses the property must not recklessly or intentionally harm trespassers. A different rule applies when a trespasser is a child. If children are known to enter a person’s property, that individual is liable for a child’s injuries if a dangerous condition exists. An example of a dangerous condition would be an unattended lawnmower or a swimming pool.
If the unsafe conditions are not man-made (example: lake, river, cliffs, rocks), a property owner, business owner, or landlord is not liable for if an adult or child visitor is injured.
Statute of Limitations for Premises Liability Claims in Miami, FL
For most negligence claims that arose after March 24, 2023, Florida gives you two years from the date of the injury to file suit. Claims that arose on or before that date keep the older four-year period. A wrongful death claim must be filed within two years of the death. Claims against a city, county or state agency follow their own rules: written notice to the agency is generally required within three years, the lawsuit period is generally four years, and wrongful death and medical claims have separate timing. Do not wait to call.
Our Miami Premises Liability Lawyer Can Help
Filing a premises liability claim can be a confusing and complex matter because of how different the set of facts and circumstances are for each claim. No two cases are the same, and therefore, it is crucial that you retain a skilled Miami premises liability attorney who has experience litigating this type of claim.
If you or someone you love has been injured on someone else’s property due to their own negligence, call Prosper Injury Attorneys to speak to an experienced personal injury attorney. Call Prosper Injury Attorneys today at (305) 694-2676 for a free consultation.