Premises Liability Attorney
When you step onto someone else’s property, you have the right to expect it is reasonably safe. When a property owner fails that duty and you get hurt, the law may hold them accountable. These cases fall under premises liability.
Premises liability covers far more than slip and falls. It includes inadequate security, pool accidents, dog bites, falling objects, and dangerous conditions the owner should have corrected. If you were hurt on someone else’s property in Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, or anywhere in Broward County, call HLM Injury Lawyers.
Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida with more than 25 years of trial experience. Call (305) 842-2100 for a free consultation. You pay nothing unless we win.
Common Types of Premises Liability Claims
Premises liability covers a wide range of injury situations. Common claims we handle include:
- Slip and Fall Accidents: Wet floors, uneven pavement, and poorly maintained walkways can cause serious falls. These are the most common type of premises liability claim.
- Trip and Fall Accidents: Raised flooring, torn carpet, cracked sidewalks, unmarked steps, and loose debris create tripping hazards owners are responsible for correcting.
- Inadequate Security: Hotels, apartment complexes, parking garages, and shopping centers have a duty to provide reasonable security. When a person is assaulted or robbed because security was absent or inadequate, the owner may be liable.
- Swimming Pool Accidents: When a property fails to maintain proper barriers, fencing, or supervision — and someone drowns or is seriously injured — the owner may face a premises liability claim.
- Dog Bites and Animal Attacks: Florida’s dog bite statute holds dog owners strictly liable in most circumstances when their dog bites or injures another person on public or private property.
- Falling Objects: Improperly stored merchandise, unsecured ceiling fixtures, and collapsing shelves can cause severe injuries to people with no reason to expect the danger.
- Negligent Maintenance: Broken stairs, malfunctioning elevators, and deteriorating railings from deferred maintenance are hazards owners have a legal duty to correct.
Common Injuries in Premises Liability Cases
The injuries that occur on dangerous properties can range from minor to life-altering. Common injuries include:
- Broken Bones: Hip fractures, wrist and arm fractures, and ankle breaks are common and often require surgery.
- Traumatic Brain Injury (TBI): A strike to the head — from a falling object, an assault, or impact with the ground — can cause a TBI with lasting cognitive and physical effects.
- Spinal Cord Injuries: Falls, pool accidents, and collisions can injure the spine and cause chronic pain or paralysis.
- Drowning and Near-Drowning Injuries: Pool accidents can cause death or permanent brain damage even when the victim survives.
- Dog Bite Injuries: Animal attacks can cause lacerations, nerve damage, infections, and emotional trauma — particularly for children.
- Assault Injuries: Attacks on properties with inadequate security cause severe physical injuries and lasting psychological harm.
What to Do After an Injury on Someone Else’s Property in Florida
Step 1 — Get medical attention immediately. Some injuries — including head trauma and internal injuries — are not obvious right away. Medical records are foundational evidence.
Step 2 — Report the incident to the property owner or manager. Ask for a written incident report and keep a copy or photograph it.
Step 3 — Document the scene. Photograph the hazard, the surrounding area, any warning signs (or the absence of them), and your injuries.
Step 4 — Preserve surveillance footage. Commercial property cameras are often overwritten within 24 to 72 hours. Contact an attorney immediately so a preservation demand can be sent.
Step 5 — Collect witness information. Get the names and contact information of anyone who saw what happened.
Step 6 — Do not speak with the property owner’s insurer. Adjusters work for the insurer, not for you. Do not give a recorded statement.
Step 7 — Call HLM Injury Lawyers. Evidence disappears fast. The sooner Eric gets involved, the stronger your case will be. Call (305) 842-2100 now.
Florida Premises Liability Law — Understanding Your Rights
Florida law imposes different duties on property owners depending on why a visitor is on the property.
Invitees. An invitee enters a property for a purpose connected to the owner’s business — a customer in a store, a hotel guest, an apartment tenant. Owners owe invitees the highest duty: inspect regularly, fix known hazards, and warn of dangers they cannot be expected to see.
Licensees. A licensee enters for a social purpose, such as a friend or family guest. Owners must warn licensees of known hazards but do not have the same duty to actively inspect.
Trespassers. Trespassers receive the least protection, though owners still cannot deliberately create hazards to harm them.
Modified comparative negligence. If you are found 51% or more at fault for your own injury, you cannot recover. If you are less than 51% at fault — including exactly 50% — you can still recover, with your damages reduced by your percentage of fault.
Florida’s 2-Year Deadline — Do Not Wait
In Florida, you have two years from the date of your injury to file a premises liability lawsuit — a deadline set by HB 837, the 2023 tort reform law, which cut the prior four-year period in half. Miss that deadline and you almost certainly lose the right to pursue any compensation.
Evidence in these cases disappears quickly. Surveillance footage gets overwritten, hazards get repaired, and witnesses move on. The sooner you speak with an attorney, the better the chance of building a complete case. Call HLM Injury Lawyers at (305) 842-2100 today. Your consultation is free, and you pay nothing unless we win.
Why Hire Eric Hernandez for Your Premises Liability Case
- Former federal prosecutor. Eric A. Hernandez served as an Assistant U.S. Attorney for the Southern District of Florida — experienced in complex litigation and in facing well-funded opponents.
- Judicial clerkship at the highest level. Eric clerked for Chief Justice Charles T. Wells of the Florida Supreme Court, giving him deep insight into how Florida courts interpret and apply the law.
- 25+ years of trial experience. When a property owner or insurer refuses to take responsibility, Eric is prepared to take the case to trial.
- Admitted to the U.S. Supreme Court Bar. A distinction that reflects a career built on serious advocacy and legal excellence.
- Bilingual — English and Spanish. Eric serves the full Broward County community and will communicate with you in Spanish if that is your preference.
Frequently Asked Questions
What is premises liability?
Premises liability is the legal responsibility a property owner has for injuries caused by unsafe conditions on their property. It covers inadequate security, pool accidents, dog bites, falling objects, and much more.
How is premises liability different from a slip and fall case?
A slip and fall is one type of premises liability claim. Premises liability is the broader legal theory that applies whenever someone is hurt on another person’s property due to an unsafe condition.
What if I was a trespasser on the property?
Trespassers generally have fewer legal protections than invited guests. Property owners still cannot deliberately create hazards to harm trespassers. If you were trespassing, recovery may be limited — but it may not be impossible. Eric can review your specific facts.
What does the property owner owe me?
The duty depends on your legal status. Invitees — customers, tenants, hotel guests — are owed the highest standard: regular inspections, repair of known hazards, and warnings for non-obvious dangers. Licensees (social guests) receive less, and trespassers the least.
How long do I have to file a premises liability lawsuit in Florida?
Two years from the date of the injury. This is a strict legal deadline. Do not wait — contact an attorney as soon as possible to protect your rights and preserve the evidence you need.
What evidence do I need for a premises liability case?
Key evidence includes photographs of the hazard and scene, surveillance footage, incident reports, maintenance records, medical records, and witness statements. Document the scene immediately and contact an attorney quickly so time-sensitive evidence can be preserved.
Contact HLM Injury Lawyers — Free Consultation
Property owners have a responsibility to keep their premises safe. When they fall short of that responsibility and you get hurt, HLM Injury Lawyers is here to hold them accountable. Eric A. Hernandez will review your case personally, investigate the facts, and pursue every avenue for recovery. Call us at (305) 842-2100 or visit us at 3301 N. University Dr., Suite 100, Coral Springs, FL 33065. Your consultation is free, and you pay no fee unless we win.
