Miami Premises Liability Attorney

Reviewed by Mike Redondo, Founding Attorney, Redondo Law, P.A. • Updated October 2026

Redondo Law helps people who were injured on someone else’s property because the owner or manager did not keep it safe. If you were hurt at a store, restaurant, hotel, apartment complex, condo, office building or private home anywhere in Miami or the rest of Miami-Dade County, a Miami premises liability lawyer can help you hold the right party responsible.

The consultation is free, and you pay no fee unless we win. Our phones are answered 24/7, and our staff is fully bilingual (Se habla español). You can meet us at our office at 2828 Coral Way, by phone or by video. If you cannot travel because of your injuries, we come to you.

What premises liability means in Florida

Premises liability is the area of law that covers injuries caused by unsafe conditions on property. The basic idea is simple. People who own or control property must take reasonable care to keep it safe for the people they expect to be there. When they fail to do that and someone gets hurt, they can be held responsible.

The party responsible is not always the owner. It may be a tenant that runs a business in the space, a property management company, a condo or homeowners association, a security contractor or a maintenance company. Part of our job as your premises liability attorney is to find out who controlled the area where you were hurt and who had the duty to fix the problem.

To win a premises liability claim, you generally need to show four things:

• A duty. The owner or occupier owed you a duty of care. How much care depends on why you were on the property.
• A dangerous condition. Something on the property created an unreasonable risk of harm.
• Notice. The owner knew about the danger, or it existed long enough that the owner should have found it.
• Harm. The condition caused your injury and your losses.

Injured on someone’s property? Why you were there matters

Florida law looks at why you were on the property when it decides what the owner owed you. Courts use three general categories of visitors. The rules have details and exceptions, so treat this as a general guide.

Invitees

An invitee is someone invited onto the property, usually for a business purpose. Shoppers, restaurant guests, hotel guests and tenants in common areas are common examples. Florida courts also generally treat invited social guests in a home much like invitees. Owners owe invitees the most care. They must keep the property reasonably safe, and they must warn of hidden dangers they know about or should know about.

Licensees

A licensee is someone on the property for their own purposes, with the owner’s permission but without an invitation. Someone who cuts through a parking lot with permission may fit this group. Owners owe licensees less care. In general, they must not injure them on purpose or through reckless conduct, and they must warn of known dangers that are not obvious.

Trespassers

A trespasser is on the property without permission. Owners owe trespassers the least care. In general, they must avoid hurting them on purpose or through reckless conduct. Different rules can apply to children, especially when something on the property, such as a pool, is likely to draw them in.

Which category you fall into is often a fact question. Insurers sometimes try to label an invitee as a licensee or trespasser to lower the duty. We look at the facts closely before we accept that label.

Common hazards in Miami premises liability cases

Unsafe property can hurt people in many ways. These are the kinds of cases we see most often across Miami-Dade.

Slip, trip and fall accidents

Falls are among the premises claims we see most often. Wet floors in grocery stores, spilled drinks in restaurants, loose tiles, torn carpet and uneven sidewalks all cause serious falls. If you slipped on a spill or other substance inside a business, Florida law requires you to prove the business knew or should have known about it, for example because it was there long enough that staff should have found it. Learn more on our Miami slip and fall lawyer page.

Negligent security

Property owners must take reasonable steps to protect people from crime they can foresee. Broken gates, dead lights, missing cameras and no guards at a property with a history of crime can all play a role in assaults, robberies and shootings. Since 2023, juries can also assign fault to the criminal, and some apartment owners get a presumption against liability if they meet specific security measures. See our negligent security page for more.

Swimming pool injuries and drownings

Pools at hotels, apartment complexes, condos and private homes must be kept reasonably safe. Broken gates and latches, missing fences, faulty drain covers, slippery decks, cloudy water and no posted warnings can all lead to injuries or drownings. Children are at special risk. When a drowning takes a life, the family may have a wrongful death claim.

Dog bites

In Florida, a dog owner can be held responsible when the dog bites someone, even if it never bit anyone before. A landlord or property manager may also share responsibility in some cases. Our Miami dog bite lawyer page explains these claims in more detail.

Elevator and escalator injuries

Elevators that stop out of level, doors that close on people, sudden drops and escalators with broken steps or handrails can cause serious harm. Building owners must keep this equipment maintained and inspected, and they often hire outside companies to do it. If a part was badly made, a product liability claim may also apply.

Falling objects

Merchandise stacked too high in a warehouse store, loose ceiling tiles, signs, light fixtures and items dropped from construction work can all fall and strike people below. These injuries often involve the head and neck.

Balcony and railing failures

Balconies, railings and walkways must hold the weight they were built to hold. Rust, rot, loose bolts and missing repairs can cause a railing to give way. A fall from even one story can cause a spinal cord injury or worse.

Poor lighting

Dark stairwells, hallways and parking garages hide hazards and invite crime. Burned-out lights that stay out for weeks can be strong evidence that an owner was not paying attention.

Broken or unsafe stairs

Cracked or uneven steps, missing handrails, worn treads and loose carpet on stairs cause hard falls. Falls on stairs often lead to broken bones and traumatic brain injuries.

Condo, HOA and apartment common areas

Miami-Dade has many condo towers, townhome communities and apartment complexes, from Brickell and Downtown Miami to Miami Beach and Kendall. Inside your own unit, you or your landlord may be responsible for repairs. In common areas, the answer is often different.

A condo or homeowners association usually controls and maintains common areas such as lobbies, hallways, stairwells, elevators, garages, pool decks, gyms and walkways. When those areas are unsafe, the association may be responsible. It may also have hired a management company, a security company or a maintenance contractor that shares the blame. Landlords of apartment complexes have similar duties for the areas they control.

These cases can involve contracts, association records and maintenance logs. We ask for work orders, prior complaints, board minutes and inspection reports to show what the association knew and when.

Injuries on government property

You can be hurt on property owned by a city, Miami-Dade County, the state or another public agency. That includes public buildings, parks, sidewalks, parking garages and transit stations. These claims follow special rules under Florida’s sovereign immunity law, Fla. Stat. 768.28.

• Written notice comes first. Before you can sue, you must give written notice of the claim to the agency, and in most cases to the Florida Department of Financial Services, within strict time limits.
• There is a waiting period. The agency gets time to look into the claim before a lawsuit can be filed.
• Damages are capped. The law limits how much can be collected from a government agency, unless the Legislature approves more.

A missed notice step can hurt or end a claim. If you were injured on public property, talk to us early.

What a Miami premises liability attorney does for you

Mike Redondo and his team give every case personal attention. Before founding Redondo Law in 2019, he spent six years at Holland & Knight defending major corporations in catastrophic injury and wrongful death cases. He knows how property owners and their lawyers build a defense, so he knows what evidence to look for. You can read more about Mike Redondo.

In a premises liability case, our work usually includes:

• Saving the evidence. Security video is often recorded over within days or weeks. We send preservation letters fast.
• Proving notice. We look for incident reports, cleaning and inspection logs, work orders, prior complaints and earlier similar incidents.
• Finding every responsible party. Owner, tenant, manager, association, security company and contractors may each carry insurance.
• Documenting your losses. Medical bills, lost income, future care and the effect on your daily life.
• Dealing with the insurers. We handle the calls and the paperwork so you can focus on getting better.

You can see our case results to learn more about our work.

What to do after you are hurt on someone’s property

Property owners and their insurers often argue that the hazard was “open and obvious” or that you should have been watching where you were going. These arguments go to comparative fault. They do not automatically end a claim, and we look at whether the owner still failed to fix a danger it should have fixed.

Premises liability help across Miami-Dade

We help injured people throughout Miami-Dade County, including Miami, Coral Gables, Hialeah, Doral, Kendall, Homestead, North Miami and Miami Beach. Injuries happen in shopping centers, grocery stores, hotels, condo towers, parking garages, apartment complexes and private homes. Our office is at 2828 Coral Way, and clients across the county can work with us by phone, by video or in person.

Frequently asked questions

What is a premises liability claim?

It is a claim against a person or business that owns or controls property, for an injury caused by an unsafe condition there. Common examples are slip and falls, negligent security, pool injuries, dog bites and falls from broken stairs or railings. You generally must show the owner owed you a duty, there was a dangerous condition, the owner knew or should have known about it, and it caused your injury.

How long do I have to file a premises liability claim in Florida?

For most injuries after March 24, 2023, you have 2 years to file a lawsuit. A wrongful death claim must be filed within 2 years of the death. If the property belongs to a government agency, you must give written notice first, and other time limits apply. Evidence like security video can disappear much sooner, so it is wise to act quickly.

Can I sue if I was hurt at a friend’s house?

Possibly. Florida courts generally treat invited social guests much like business invitees, so the homeowner must keep the home reasonably safe and warn of hidden dangers. Many of these claims are paid by the homeowner’s insurance policy, not by your friend personally. We can review the facts and the policy and tell you whether a claim makes sense.

What if I was partly at fault for my injury?

You may still have a claim. Florida uses modified comparative negligence. If you were 50% or less at fault, your recovery is reduced by your share. In a hypothetical case where you were 30% at fault, your recovery would be reduced by 30%. If you were more than 50% at fault, you generally recover nothing.

Who is responsible for an injury in a condo common area?

Often the condo association, because it usually controls and maintains common areas like lobbies, pool decks, garages and elevators. A management company, security company or maintenance contractor may share responsibility. The association’s governing documents and contracts help show who had the duty to fix the problem. We gather those records early.

How much does a Miami premises liability lawyer cost?

The consultation is free, and you pay no fee unless we win. We work on a contingency fee, which means our fee is a share of the recovery. Call us any time, day or night, to talk about your case.

If you or a loved one was injured on someone else’s property in Miami-Dade, call (305) 908-6778 or contact us online for a free consultation with a Miami premises liability attorney.