Holding Negligent Property Owners Accountable for Accidents & Injuries

When you visit someone else's property, whether it's a private residence or a grocery store, you expect a reasonable degree of safety. In fact, Florida law requires public and private property owners alike to conduct adequate property maintenance to ensure the safety of invited guests and others who lawfully enter their properties. When they fail to do this, and innocent people are hurt, they can be held liable.

If you were injured on someone else's property, and you believe the property owner's negligence is to blame, reach out to the team at Mariel Tollinchi Injury Lawyers right away. Our experienced Miami premises liability lawyers can review the details of your case and discuss your various legal rights and options. If we believe you have a case, we will fight tirelessly for you and the full, fair recovery you are owed.

Contact us today at (954) 524-4100 to schedule a complimentary consultation with a member of our team. Hablamos español.

When Is a Property Owner Liable for an Accident or Injury?

To have a valid premises liability case, you must prove that the property owner (or another party, such as a property manager) is legally responsible for the incident that led to your injury.

This involves proving the following elements:

• —You Were Lawfully on the Property: You must be classified as either an "invitee" or a "licensee" to have a premises liability case. This means that you were lawfully on the property when the incident occurred. If you were trespassing, meaning you were not allowed to be on the property, when the incident occurred, you may be unable to file a claim.
• —You Were Injured: To have a case, you must prove that you were injured, and that the injury occurred while you were lawfully on the property. Additionally, your injury must lead to measurable damages for which you can be compensated, such as medical bills, lost wages, or pain and suffering.
• —The Property Owner Owed You a Duty of Care: Florida property owners owe varying duties of care to invitees and licensees. An invitee, or someone who visits a property for business purposes (such as a customer in a store) is owed the highest duty of care. Licensees, or people who lawfully visit a property for their own purposes, are owed a slightly lower duty of care, whereas trespassers are generally not owed a duty of care by property owners.
• —The Property Owner Knew About a Dangerous Condition: If you were injured by a dangerous condition on someone else's property, you must prove that the property owner either knew about or should have known about the dangerous condition. In most cases, you cannot bring a claim against a property owner if you were injured by a dangerous condition that they had no way of knowing existed.
• —The Property Owner Breached the Duty of Care: Most often, a breach of the duty of care in premises liability cases involves failure to maintain the premises, failure to remove or repair hazardous conditions, or failure to warn visitors of potential dangers that could cause foreseeable injury.
• —The Breach of the Duty of Care Was the Cause of Your Injuries: You must prove "causation," or the fact that the property owner's failure to maintain the property and/or remove, repair, or warn of a dangerous condition was the direct or proximate cause of your injury. In other words, you must prove that you would not have been injured had the property owner upheld their duty of care to you as a visitor.

At Mariel Tollinchi Injury Lawyers, our Miami premises liability lawyers know how to properly investigate claims to determine the cause of an injury and whether or not the property owner is liable. We are ready to work tirelessly to obtain crucial evidence in your case.

Can You Sue a Property Owner If You Were Trespassing?

Although Florida property owners do not owe a specific duty of care to trespassers, or people who unlawfully enter a property, they do have certain responsibilities regardless of the visitor's status.

These responsibilities include but are not limited to:

• —Ensuring the property was kept in a reasonably safe condition
• —Providing proper notice of hazardous conditions that could cause foreseeable injury
• —Posting “private property,” “no trespassing,” and other warning signs
• —Refraining from intentionally inflicting injury on a trespasser
• —Refraining from intentionally or unintentionally creating a dangerous condition on the property

Additionally, property owners can be held legally responsible for accidents and injuries when the victim was a minor, regardless of whether or not the victim had the right to be on the property. If a child or teenager is injured due to an attractive nuisance—or a condition that the property owner reasonably could know would attract children or teens to the property and which presents certain dangers, such as a trampoline or swimming pool—the property owner could be liable.

Common Types of Premises Liability Claims

Premises liability claims involve all types of accidents and injuries that occur on both public and private property.

Some of the most common types of premises liability cases involve:

• —Slips and falls
• —Negligent security
• —Dog bites
• —Swimming pool accidents
• —Elevator and escalator accidents
• —Construction accidents
• —Building code violations
• —Defective property conditions
• —Theme park and amusement park accidents
• —Falling objects

At Mariel Tollinchi Injury Lawyers, we handle all types of premises liability claims. Our experienced attorneys have helped countless clients in situations similar to yours and know how to effectively advocate for you, both in and out of the courtroom.

Request a Free Initial Consultation Today

In Florida, you only have four years to file a premises liability lawsuit in court. If your loved one passed away due to the negligence of a property owner, you have just two years to file a wrongful death lawsuit. We strongly encourage you to reach out to our firm right away to learn how we can help.

At Mariel Tollinchi Injury Lawyers, we take great pride in providing our clients with caring, personalized legal representation. We are always available for you when you need us most, ready to answer your questions and address any concerns you may have. Let our team fight for you after a serious accident or injury on someone else's property.

Ready to Discuss Your Case?

Injured in an accident? Get your FREE case evaluation with Attorney Mariel Tollinchi. We're here to fight for you.

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Se Habla Español • No Fee Unless We Win

Luchamos por Nuestra Comunidad Latina - At Mariel Tollinchi Injury Lawyers, we understand the importance of having legal representation that speaks your language and understands your culture. That's why we have a dedicated team of native Spanish-speaking attorneys and staff who are ready to assist you. We proudly serve both Texas and Miami's vibrant Hispanic community, offering compassionate and culturally sensitive legal services in both English and Spanish. Whether you're more comfortable speaking Spanish or simply want a Spanish-fluent lawyer who understands the unique challenges faced by Latinos, our team is here to provide you with the support and expertise you need to navigate the legal system with confidence.