When you walk into a store, park in a garage, visit someone's building, or check into a hotel, you trust that the property is reasonably safe. Most of the time it is. But when an owner ignores a hazard they were responsible for, an ordinary day can end in the emergency room, and the injury is often only the start of what you're dealing with. Premises liability is the area of law that holds property owners accountable when their carelessness causes harm, and if that has happened to you or someone you love, we can help you make sense of where you stand.

What Is Premises Liability?

Premises liability is the legal principle that property owners and the businesses operating on their property have a duty to keep it reasonably safe for the people they invite in. That means fixing dangerous conditions within a reasonable time, or warning visitors about hazards that can't be fixed right away. When an owner or manager fails to meet that duty and someone is hurt as a result, they can be held financially responsible, even though the injured person did nothing wrong. These claims arise in almost any setting: stores, restaurants, apartment complexes, hotels, parking lots, office buildings, and construction sites.

Types of Premises Liability Cases We Handle

Premises liability covers a wide range of situations. Among the cases we handle most often are the following, several of which have their own dedicated pages where you can learn more:

• Slip, trip, and fall accidents — injuries caused by wet floors, uneven pavement, broken stairs, poor lighting, or other hazards a property owner failed to address.
• Negligent security — assaults, robberies, and other crimes made possible when a property owner fails to provide reasonable security, such as working locks, adequate lighting, or security personnel.
• Construction defects and construction accidents — injuries on job sites, and dangerous flaws built into a property that put workers, residents, and visitors at risk.
• Elevator and escalator accidents — injuries caused by poorly maintained or defective elevators and escalators in buildings, hotels, and public spaces.

We also handle other dangerous-property claims, including falling objects and merchandise, inadequate maintenance, swimming pool and drowning incidents, and injuries from failing balconies, railings, or equipment.

Proving a Premises Liability Case

Premises liability claims share a common framework, though the details vary from one type of case to the next. Insurance companies fight these cases hard, so understanding what has to be shown, and preserving the evidence early, makes an enormous difference.

The Property Owner's Duty of Care

The duty a property owner owes depends in part on why the injured person was on the property. Owners owe the highest duty to customers and other invited guests, a duty that includes regularly inspecting for hazards. The central question is usually whether the owner acted reasonably to keep the property safe under the circumstances.

Notice of the Hazard

In most premises cases, you must show that the owner or manager knew, or reasonably should have known, about the dangerous condition and failed to fix it or warn about it in a reasonable time. In negligent security cases, the related question is foreseeability, whether prior incidents or the surrounding conditions should have put the owner on notice that better security was needed. Evidence like maintenance logs, inspection records, incident reports, surveillance footage, and prior complaints is often decisive, and it can disappear quickly.

Who Can Be Held Responsible

Depending on the property and the circumstances, more than one party may share responsibility, including:

• The property owner
• A business or tenant that leased and operated the space
• A property management company
• Maintenance, security, or repair contractors hired to keep the property safe
• Builders, contractors, or manufacturers, in construction and equipment cases

Compensation in a Premises Liability Case

A successful premises liability claim can recover compensation for:

• Past and future medical expenses
• Lost income and reduced earning capacity
• Pain, suffering, and emotional distress
• Rehabilitation and long-term care
• In the most serious cases, damages for permanent disability or wrongful death

A Firm Built for Premises Liability Cases

Premises liability is core to what we do. Todd Poses and Adam Boumel have served as lead and co-lead trial counsel in premises cases in state and federal court, standing up to property owners, management companies, and the insurers who back them. Most notably, we have recovered $5.85 million in a crane-collapse case, $7.7 million in an elevator malfunction case, and $2 million for a client injured in a slip and fall. Whatever kind of premises case you have, you work directly with your attorneys, and we prepare each one thoroughly, ready to try it if that is what a fair result requires.

Contact the Premises Liability Attorneys at Poses Boumel Today

It costs nothing to talk to us. Poses Boumel represents injured people and families throughout Florida from our office in downtown Miami, and we serve clients in English and Spanish. Call 305-577-0200 during our listed office hours or leave a message any time, or reach us through the contact form on our website. Your consultation is free and confidential, with no obligation.