Premises liability refers to the legal responsibility of property owners and occupiers to ensure that their property is safe for visitors, tenants, and other individuals. If someone is injured on a property due to the owner or occupier's negligence, the injured individual may be able to pursue legal action under the theory of premises liability.
At Mase Seitz Briggs, our trial lawyers have extensive experience in representing individuals who have been injured on someone else's property in Miami and South Florida. We understand the complexities of these types of cases and will work tirelessly to hold the property owner or occupier accountable for the injuries you sustained.
In Florida, whoever owns or is in control of a property may be held liable for an injury that occurs on their property. A property owner is generally considered the person who holds legal title to the property, while a controller is someone who manages the property, regardless of whether they own it. Examples of controllers include landlords, tenants, and businesses that are open to the public.
If a property owner or controller fails to fulfill their legal duty to maintain a hazard-free premises and someone is injured as a result, they may be held liable for the injuries.
Some common types of premises liability cases include:
An injured party must prove that the property owner or occupier knew or should have known about the dangerous condition and failed to take appropriate action to fix or warn of it. According to Florida Statutes §768.0755, the business establishment must have “constructive knowledge” of the hazard in order to be held liable for the accident.
Constructive knowledge can be proven by either of the following types of evidence:
In some cases, other parties may also be liable in a premises liability case, such as contractors or maintenance companies who were responsible for maintaining the property, or manufacturers of defective products that caused the injury. It is best to consult with a lawyer who can help determine liability and advise on the best course of action.
If you have been injured on someone else's property in Miami or South Florida, our team of personal injury trial lawyers at Mase Seitz Briggs can help. We will conduct a thorough investigation to determine the cause of your injuries and the extent of your damages. We will also negotiate with insurance companies and fight in court for the compensation, if necessary.
Don't hesitate to contact us for a free consultation to discuss your case and learn more about your legal options. Our team is dedicated to fighting for your rights and helping you get the compensation you need to move forward with your life.