Premises Liability Lawyer in Miami

Over $900 Million Recovered for Injured Clients Since 1974

When someone is hurt on another person’s property, Florida law may hold that the property owner responsible. Premises liability covers far more than a single incident type. Retail stores, apartment complexes, hotel lobbies, parking garages, nightclubs, and private residences can all be the site of a valid claim when a dangerous condition causes serious injury. At Rossman, Baumberger, Reboso & Spier, P.A., we’ve represented injured clients throughout Florida since 1974, and our attorneys have recovered over $900 million in verdicts and settlements across personal injury and wrongful death cases.

Property owners in Florida owe the highest duty of care to business invitees, which includes customers, guests, and others who enter for the owner’s benefit. When that duty is breached and someone is seriously hurt, we’re prepared to build the case needed to pursue compensation.

If you or someone you love was injured on another party’s property in Miami, call us today at (305) 900-5493 for a free consultation. Same-day appointments are available in English and Spanish.

Premises Liability Cases We Handle in Miami

Our team handles the full range of premises liability claims, including catastrophic injuries such as traumatic brain injuries and spinal cord injuries. These cases arise across a wide variety of settings and circumstances.

Common case types include:

• Slip and fall and trip and fall accidents
• Negligent or inadequate security
• Swimming pool accidents
• Elevator and escalator accidents
• Falling objects
• Dog bites
• Building code violations

Miami presents a broad range of property settings where these incidents occur: condominium and apartment complexes, hotels and resorts along Miami Beach and Brickell, shopping centers, parking garages, entertainment venues, and public parks and sidewalks. Depending on who controlled the premises at the time of injury, more than one party may share liability, whether that’s a property owner, manager, tenant, or developer.

Negligent security is an established part of our practice. We have documented results in cases where inadequate security on commercial and residential properties led to serious harm, including a $1.5 million recovery in a negligent security case involving the death of a police officer on an inadequately secured property.

How Florida Law Governs Premises Liability Claims

To succeed on a premises liability claim in Florida, an injured person must prove four elements: the property owner owed a duty of care, the owner breached that duty, the breach caused the injury, and the injury resulted in measurable damages. The duty owed depends on the visitor’s legal status. Invitees receive the highest protection. Licensees, such as social guests, are owed a duty to warn of known dangers. Trespassers are owed a more limited duty in most circumstances.

Foreseeability is central to these cases. The property owner must have known or should have known about the dangerous condition in time to correct or warn about it before someone was hurt.

Florida HB 837 & What It Means for Your Claim

Florida HB 837, signed March 24, 2023, made the most significant changes to Florida tort law in decades. For injuries occurring on or after that date, two changes affect Miami claimants directly.

Two-Year Statute of Limitations:
Under amended Florida Statute §95.11(4)(a), the deadline to file a premises liability lawsuit is now two years from the date of injury, reduced from the prior four-year period. Missing this deadline can bar recovery, regardless of how strong the underlying claim may be.

Modified Comparative Negligence:
Under §768.81, a claimant found to be more than 50% at fault for their own injury can’t recover any damages at all. Property owners and their insurers now aggressively use this standard to shift blame onto injured visitors. Building a thorough, documented record of the property owner’s responsibility is more important than ever.

In negligent security cases specifically, Florida Statute §768.0701 requires juries to consider the fault of all parties who contributed to the injury, including any criminal third party, which can reduce the percentage of fault assigned to the property owner. These post-HB 837 rules are one reason retaining experienced legal counsel early matters.

Compensation Available in a Florida Premises Liability Case

A premises liability claim may cover medical expenses from emergency care through rehabilitation and future treatment, lost wages and diminished earning capacity, pain and suffering, emotional distress, and permanent disability or disfigurement. In cases involving a fatality, wrongful death damages may be available to surviving family members.

One significant change under HB 837 limits the evidence a jury may consider for past medical expenses to the amount actually paid or owed, not the full billed amount. Thorough documentation of every cost is critical from the start.

Evidence in these cases is also time-sensitive. Surveillance footage gets overwritten. Maintenance and inspection logs disappear. Incident reports go stale. Retaining an attorney quickly after an injury can help preserve your ability to secure photographs of the hazardous condition, witness statements, and records that might otherwise be lost before your case can be built.

Why Miami Clients Choose Rossman, Baumberger, Reboso & Spier, P.A.

Our attorneys bring over 200 years of combined legal experience to personal injury and wrongful death litigation. A premises liability case at our firm draws on a full team’s knowledge and resources, not a single lawyer working in isolation. We’ve been recognized by Best Lawyers, Super Lawyers, the Florida Justice Association, and the American Association for Justice.

We serve Miami’s diverse communities with legal services in English and Spanish, and we handle all premises liability cases on a contingency fee basis. You pay no fees unless we recover compensation for you. Free consultations are available, and same-day appointments can be arranged.

Contact Us for a Free Consultation

If you were seriously injured on someone else’s property in Miami, don’t wait. The two-year filing deadline under current Florida law is strict, and critical evidence can disappear quickly. We’re ready to review your situation, can explain your options, and can pursue compensation available under the law.

Contact Rossman, Baumberger, Reboso & Spier, P.A. at (305) 900-5493 to speak with a Miami premises liability attorney today. Same-day appointments are available, and we offer free consultations in English and Spanish.