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Premises Liability

Almost all property owners have a duty to maintain their properties in a reasonably safe condition for visitors. Whether you are going to someone’s house or to a shopping mall, you should feel as though you are in a safe place. Property owners also have a duty to warn visitors of any known hidden dangers and/or defects in the property.

Unfortunately, millions of Floridians are injured by the negligence of property owners every year. Suing a property owner can be complex and intimidating without a knowledgeable attorney by your side.

Lawyer for Premises Liability Cases in Miami-Dade, FL

If you are one of the millions of Floridians who suffered serious injuries in a slip and fall accident, know that you don’t have to try to recover on your own. Abrams Justice Trial Attorneys are compassionate and experienced personal injury attorneys that will do whatever they can to help you get back on your feet when an accident happens.

Abrams Justice Trial Attorneys serves the wider Miami-Dade area including Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, South Beach, North Miami, Doral, Coral Gables, and Cutler Bay, and are ready to take your call at (305) 709-0880 to evaluate and discuss your case.

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Premises Liability Information Center

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Property Owner Level of Care

Depending on who enters the property, the owner owes that person a different level of care depending on how or why that person is there. For instance, the law advises that a store customer deserves a higher level of care, in comparison to a burglar who is not lawfully on the property.  The liability of the property owner is directly related to the level of care owed to the person injured

Below is a brief discussion on each type of standard of care.

  • Invitees – Invitees are owed the highest level of care. These are usually people invited to do business on the premises such as customers at a store or grocery market. The owner of the premises not only must properly maintain the premises, but they must also inspect the premises for defects that could cause injury. If an invitee is injured due to a defect that the owner did not catch but should have caught, the owner can still be held liable.
  • Licensee – Licensees can be anyone that may not necessarily be invited to the premises or people that enter the property for social purposes. For instance, friends and family that come to a property may be considered licensees. An uninvited guest, like a door to door salesman, is also considered a licensee. The standard of care here is lower than for invitees. Here the property owner only needs to maintain the property in a reasonably safe manner and repair any known defects. The property owner must also warn of known defects that could cause injury but unlike for an invitee, does not necessarily have to inspect the property to find potential dangers.
  • Trespassers – Trespassers are afforded the lowest level of care but that does not mean a property owner can make his or her premises dangerous for trespassers. Even though a trespasser has no permission to be on a property, they are still due some level of care. That is, a property owner could still be liable for injuries to trespassers caused intentionally or recklessly. For instance, a property owner would be liable if he set out a bear trap underneath his window to catch a burglar.

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Common Types of Premises Liability Cases

Bear traps aside, there are some conditions that do occur regularly that give rise to premises liability cases. The following is a list of common defects that can give rise to premises liability.

  • Slippery floor conditions that can cause falls
  • Broken/Uneven Sidewalks or stairs
  • Staircases with missing or broken handrails
  • Inadequate or malfunctioning lights
  • Obstructions in aisles or walkways
  • Obstructions or debris on sidewalks
  • Dogs that can bite
  • Merchandise that is displayed negligently
  • Lack of consistent maintenance and oversight
  • Failure to Warn

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Florida Premises Liability Resources

Premises Liability Statute of Limitations – The statute of limitations is the time limit that an injured person has to file their case by or risk having it lost forever. For premises liability and personal injury, the statute of limitations in the state of Florida is rather generous at 4 years from the date of incident. The following link will also provide the relevant statutes for other legal claims as well.

Slip and Fall Statute – Slip and falls are by far the most common premises liability cases. That being the case, the state of Florida has a specific statute on the matter. The link is to the Florida statute on premises liability for “transitory foreign substances in a business establishment.” Transitory foreign substance basically means some sort of fluid that should not be there.

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Find a Premises Liability Attorney in Miami-Dade, FL

Unfortunately, people are injured by the negligence of other property owners every day in Florida. Injuries from a trip or fall can sometimes be deadly. If you or a loved one was injured by the negligence of a property owner, you need to find an attorney with trial experience who has compassion for what you are going through.

The attorneys at Abrams Justice Trial Attorneys are lawyers dedicated to their clients. We will do whatever we can to help out innocent victims get back up on their feet and regain control of their lives. Call us today at (305) 709-0880 and make an appointment for a consultation and case evaluation. We serve the greater Miami-Dade area including Miami, Homestead, Hialeah, Pinecrest, Palmetto Bay, Miami Gardens, Miami Beach, South Beach, Brickell, North Miami, Doral, Coral Gables, and Cutler Bay, and are standing by to help.

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