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Miami Premises Liability Lawyer

Slip and fall accidents send over a million people to emergency rooms across the United States every year. Many of these injuries happen because property owners cut corners or ignore hazards.

In Miami, property owners must keep their premises reasonably safe. When they fail, injuries follow—broken bones, concussions, and financial strain. If unsafe conditions injure you or someone you care about, you deserve more than apologies. You deserve justice and compensation.

Call (954) 500-4878 today for a free consultation. Let our experienced team fight for the recovery you need.

Why Choose Our Miami Premises Liability Lawyers

When a premises liability accident disrupts your life, you need a law firm with a proven track record and a laser focus on delivering results.

Englander Peebles has spent years fighting for injured clients across South Florida, recovering millions in settlements and verdicts. From the moment you bring your case to us, we handle the legal burden so you can focus on getting better.

Our attorneys regularly handle Miami premises liability cases, bringing a deep knowledge of Florida law to every claim. Our Miami office is easily accessible off the I-95 Express, making it easy for clients across the area to reach us.

Recognized by Super Lawyers and rated 10.0 on Avvo, our attorneys bring both skill and compassion to each case. But accolades aren’t what make us stand out—it’s our commitment to our clients. We treat each case with personal attention, digging deep into the details to craft a legal strategy tailored to your specific needs.

Premises Liability Compensation

From medical bills to emotional distress, accidents on unsafe properties affect every corner of life. Florida law allows injured parties to pursue compensation for these losses, breaking damages into three distinct categories.

Economic Damages: Tangible Losses

Economic damages reimburse measurable financial losses.

These damages provide compensation for expenses tied directly to the injury:

  • Medical Expenses: Covers hospital visits, surgeries, physical therapy, prescriptions, and ongoing medical care. For example, an injured person requiring multiple follow-ups with specialists for spinal injuries could recover these costs under this category.
  • Lost Wages: Accounts for income missed during recovery, including time spent at doctor’s appointments or bedridden. If injuries permanently reduce earning potential, future lost wages also factor into the claim.
  • Other Financial Losses: Includes costs like transportation to medical appointments, home modifications for accessibility, or repair or replacement of damaged property, such as a smartphone broken in a fall.

Non-Economic Damages: Intangible Harm

Not all damages come with a receipt.

Non-economic damages compensate for the emotional and psychological toll injuries take on your life.

  • Pain and Suffering: You can recover compensation for physical discomfort—whether temporary or chronic—under Florida law. This could include lasting pain from a fractured hip after a slip in a hotel lobby.
  • Emotional Distress: Anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident qualifies as non-economic harm.
  • Loss of Enjoyment of Life: For individuals who can no longer participate in activities they once loved, such as sports or travel, this damage accounts for that diminished quality of life.

Florida law applies no fixed formula for non-economic damages, making the experience and negotiation skills of your attorney vital in maximizing these recoveries.

Punitive Damages: Accountability for Egregious Conduct

While economic and non-economic damages address the victim’s losses, punitive damages aim to penalize and deter reckless behavior. Florida Statute §768.72 governs the awarding of punitive damages, requiring the injured party to prove that the property owner exhibited gross negligence or intentional misconduct.

For example, a landlord who knowingly ignored multiple complaints about a collapsing staircase might face punitive damages if the structure caused injuries. These damages not only punish the negligent party but send a message to others to prioritize safety.

How Damages Are Calculated

Calculating compensation requires a comprehensive review of the accident’s impact.

Your attorney evaluates medical records, consults with economic and medical experts, and reviews evidence such as wage statements and daily impact logs. This thorough approach ensures no damage—economic or non-economic—goes overlooked.

Florida’s modified comparative negligence rule (Florida Statute §768.81) also affects compensation. If the injured party shares any fault for the accident, the court reduces the award by their percentage of fault.

Where Do Premises Liability Accidents Occur in Miami?

Miami’s mix of bustling tourist attractions, vibrant neighborhoods, and high-traffic businesses creates countless opportunities for accidents. Slip and falls, trip hazards, and other incidents occur in locations where property owners fail to address hazards promptly.

High-Risk Locations in Miami

  • Retail Stores and Supermarkets: Crowded aisles, slippery floors, and poor lighting make grocery stores, big-box retailers, and shopping malls hotspots for accidents. Spilled liquids in stores along Flagler Street or Dadeland Mall pose risks when employees delay cleanup.
  • Hotels and Resorts: Miami’s tourism-driven economy brings millions of visitors to its beaches, resorts, and high-end hotels. Inadequate security, poorly maintained pool areas, or wet tile floors in hotel lobbies frequently cause injuries. Resorts in South Beach and Downtown Miami have responsibility for ensuring guest safety.
  • Sidewalks and Public Spaces: Miami’s pedestrian-friendly zones attract heavy foot traffic, but uneven sidewalks, broken pavement, and construction debris create hidden dangers. Poorly maintained public walkways can lead to injuries.
  • Parking Lots: Large parking areas outside stores, restaurants, or stadiums have potholes, broken lighting, or unclear walkways. These conditions pose trip hazards, especially at night.

Miami’s Local Data on Slip and Falls

Slip and fall accidents consistently rank among the top causes of injuries in Florida. According to the Florida Department of Health, falls represent the leading cause of injury-related hospital admissions for adults aged 65 and older. Miami-Dade County sees a significant share of these cases due to its dense population and active lifestyle.

Premises Liability Basics

When property owners fail to maintain safe spaces, visitors face various dangers. Premises liability law addresses these situations, holding negligent property owners accountable. This area of law covers a variety of accidents and injuries tied to unsafe conditions.

Types of Accidents

Premises liability claims arise from many scenarios, each caused by property owner negligence. Some of the most common include:

  • Slip and Fall Accidents: Slippery floors, loose rugs, or unaddressed spills lead to falls, particularly in retail stores, restaurants, or hotel lobbies.
  • Trip and Fall Accidents: Uneven sidewalks, potholes in parking lots, or exposed cords in office spaces cause dangerous trips.
  • Negligent Security: Crimes such as assaults or robberies occur when property owners fail to provide adequate lighting, cameras, or security personnel.
  • Swimming Pool Accidents: Missing barriers, slippery pool decks, or unmarked hazards in hotel or public pools result in serious injuries, especially for children.
  • Falling Objects: Retail stores with improperly stacked shelves or poorly secured displays risk items falling and striking visitors.
  • Elevator and Escalator Malfunctions: Faulty maintenance of these systems causes injuries ranging from trapped limbs to falls.

Types of Injuries

The injuries from these accidents vary widely but can result in life-altering consequences.

Common injuries include:

  • Fractures and Broken Bones: Slip and fall incidents frequently cause broken wrists, ankles, or hips.
  • Traumatic Brain Injuries (TBI): A head striking the floor or another surface can result in concussions or more severe brain trauma.
  • Spinal Cord Injuries: Falls from heights or trips down stairs lead to herniated discs, paralysis, or chronic back pain.
  • Cuts and Bruises: Broken glass or jagged objects in poorly maintained areas can cause lacerations that require stitches or surgery.
  • Psychological Trauma: Victims of negligent security cases may experience PTSD, anxiety, or depression.

 

Man in cast calling Fort Lauderdale premises liability lawyer

Relevant Legal Concepts and Laws

Premises liability cases hinge on proving that the property owner failed to meet their duty of care.

Florida law provides specific guidelines:

  • Duty of Care: Property owners must maintain reasonably safe conditions for lawful visitors. For example, businesses must conduct routine inspections and prompt repairs.
  • Florida Statute §768.0755: This law outlines the injured party’s obligation to prove the property owner knew or should have known about a hazardous condition. Evidence such as incident reports or witness testimony can help satisfy this standard.

Fighting the Insurance Company

Insurance companies don’t make billions by paying fair claims. If a premises liability accident injures you, their adjusters start with one goal: minimizing what they pay.

Their tactics turn what should be a straightforward process into a frustrating battle, and without experienced legal representation, victims face an uphill climb.

Tactics Insurance Companies Use

  • Shifting Blame: Adjusters frequently argue that the injured party caused or contributed to their accident. For example, they might claim you weren’t paying attention or were wearing inappropriate footwear.
  • Downplaying Injuries: Adjusters may request access to your medical records, looking for any pre-existing conditions to dispute the severity of your injuries. They could twist a history of back pain, for instance, to claim a slip and fall didn’t worsen your condition.
  • Quick, Lowball Settlements: Insurance companies count on desperation. They’ll offer fast cash but much less than your case’s actual worth, betting you won’t push back.
  • Delaying Claims: By dragging their feet, they hope you’ll grow frustrated or financially strained, forcing you to accept a reduced settlement.

How Englander Peebles Pushes BackThe National Trial Lawyers Top 100

Every insurance company tactic has a countermeasure, and experienced attorneys know how to respond.

At Englander Peebles, we build strong cases to ensure fair compensation.

  • Gathering Evidence: By documenting hazardous conditions through photos, witness statements, and expert analysis, we create an airtight argument that shifts liability where it belongs—onto the property owner.
  • Bringing in Experts: For cases involving complex injuries, we consult with medical professionals, life care planners, and economic experts to establish the full scope of your damages.
  • Challenging Fault Claims: We anticipate attempts to shift blame and counter them with evidence. For example, security footage showing an unmarked wet floor removes doubt about the property owner’s negligence.
  • Maximizing Damages: By meticulously calculating economic and non-economic losses, we reject lowball offers. If negotiations stall, we’re prepared to take your case to trial.

What to Do After an Accident

Document the Scene

Immediately after an accident, preserve as much information as possible:

  • Photograph and Video Record the Hazard: Capture wide shots of the scene and close-ups of the dangerous condition that caused your injury, such as a spill, broken railing, or uneven pavement.
  • Note the Time and Place: Record the exact location, the time of day, and any other context that highlights the conditions when the accident occurred—like dim lighting or lack of warning signs.

Collect Witness Information

If someone saw your accident, ask for their contact information. Witnesses can confirm details like how long a hazard existed or whether the property owner acted negligently.

Report the Incident

Notify the property owner or manager about the accident and request an incident report. Keep a copy for your records. Businesses, in particular, maintain formal documentation of accidents, and this report may later reveal whether they ignored similar complaints in the past.

Preserve Physical Evidence

Clothing and footwear often provide clues about what caused a fall. Shoes showing residue from a slippery floor or torn fabric from sharp edges can support your claim. Store these items in a secure location until your attorney reviews them.

Avoid Social Media

Insurance companies monitor social media for posts that could weaken your case. As silly as this might sound, even something as simple as a photo of you smiling after the accident could be used to argue that your injuries aren’t severe. 

Avoid discussing the accident or your injuries online.

Track Expenses and Losses

Keep detailed records of:

  • Medical bills and prescriptions.
  • Transportation costs for doctor’s visits.
  • Wage statements showing missed workdays.
  • Costs for childcare or household services if you cannot perform regular duties.

Maintaining a journal to document your pain levels, emotional challenges, and recovery progress creates a powerful narrative of how the accident impacted your life.

Get Justice Today with Englander PeeblesThe National Trial Lawyers Top 40 Under 40

Don’t wait for the other side to act. Let us help you take the first step toward justice.

Call (954) 500-4878 today for a free consultation, and take back control of your future.