Miami Premises Liability Lawyers

Strong advocacy for anyone injured while legally on someone else’s property in Florida

When you shop, stay at a hotel, visit a professional office, or visit any property in Miami, you have the right to expect that the property owners did everything they could to make you safe. Sadly, many property owners put profit before safety. That’s where Hickey Law Firm comes in. We file claims to hold property owners liable for your injuries or the death of a loved one.

At Hickey Law Firm, our Miami premises liability lawyers have been fighting for consumers of goods and services for 40 years. The Best Lawyers in America© recognizes John H. (Jack) Hickey in 3 areas: Admiralty and Maritime Law, Personal Injury Litigation – Plaintiffs, and Medical Malpractice – Plaintiffs. Hickey is double board certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law, distinctions held by few attorneys in Florida. He is also board certified in Civil Trial by the National Board of Trial Advocacy (NBTA). Whether you are injured on land or at sea, we can help.


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What duty do Miami property owners and operators owe you?

Premises liability laws establish the duty property owners have in maintaining the safety and security of their property. This is known as a duty of care. Property owners generally owe a duty of care to:

  • Anyone that property owners invite to be on their property to buy merchandise, obtain advice, or participate in community activities is considered an invitee. Socially, friends, family, and neighbors are considered invitees if they have permission to be on the property.
  • These are people who are lawfully transacting business (such as salespeople, volunteer canvassers, etc.) or have a right to be on the property such as when you walk on a neighbor’s sidewalk.
  • Children injured by an attractive nuisance. Children who might be enticed to use a swimming pool, trampoline, or another object of curiosity/an “attractive nuisance.”

Generally, property owners do not owe a duty of care to trespassers.

When are owners liable for any injuries sustained on their property?

Property owners have a duty to inspect their property on a regular basis to look for existing dangers or property conditions that might become dangerous. If there is an existing danger, the owner should make immediate repairs so nobody is injured or should warn customers and users of the property of the danger.

The duty to protect invitees and licensees does require that the owner have actual or constructive knowledge of a dangerous condition. For example, say a patron in a restaurant spills water on the floor, then seconds later someone slips and falls. The spilled water is a dangerous condition, but several seconds likely does not qualify as a reasonable amount of time for the owner or manager to become aware of the danger and rectify it; it is unlikely the injured customer could demonstrate that the restaurant is liable.

However, if the spill isn't cleaned up for hours and a customer gets hurt in a fall, the restaurant's negligence is generally easier to establish.

Property owners in Florida may be liable for many reasons including:

  • Failing to clean wet or slippery surfaces
  • Failure to repair broken tiles, loose railings, torn carpets, or any floor conditions that might cause a fall
  • Lack of proper lighting
  • Failure to meet local building code requirements
  • Failure to remove objects on the floor or objects on the shelves that might fall
  • Many other reasons

In addition, property owners may be liable for negligent security claims if they fail to hire security guards, fail to install locks and other security systems, cameras, video equipment, or alarm systems.

What are the different kinds of premises liability claims in Florida?

Different kinds of properties pose different dangers, but some common examples of premises liability injury claims include:

  • Slip and fall accidents. Possible injuries from a slip and fall include brain injuries, spinal cord damage, orthopedic injuries, nerve damage, and many other types of injuries due to the force of striking the floor.
  • Negligent security resulting in robbery, assault, sexual assault, or murder. Injuries caused by violent crime on the property may be the result of insufficient security personnel, missing or inoperative security measures, and poor lighting and other conditions to deter criminal activity on the premises.
  • Dog bites. Dog owners in Florida are generally liable for any injuries or deaths their dog causes. Dog bites can cause infections, puncture wounds, diseases, scarring, disfigurement, and other injuries.
  • Drownings, head injuries, and other injuries in unsecured swimming pools.
  • Falls on improperly designed stairs or ramps.
  • Defective escalator and elevator accidents can cause a traumatic amputation and many other catastrophic or serious injuries.
  • Falls due to missing or unsafe handrails.
  • Fires and smoke inhalation. Fires can cause respiratory problems, severe burn injuries, scarring and disfigurement, and possibly death.
  • Construction accidents. Building, landscaping, roadway, and all other types of construction companies need to comply with the state and local laws and industry standards – to ensure that drivers, pedestrians, and workers don’t suffer any falls, electrical injuries, injuries involving equipment or tools, or other serious injuries.
  • Any other type of accident while you are on somebody else’s property.

As a major seaport, Miami is also the site of premises liability claims involving cruise ships. Cruise ship injuries can occur due to a variety of unsafe conditions, such as slippery decks and unsecured furniture, as well as a physical and sexual assault committed by crew members. Hickey Law Firm has extensive experience holding cruise lines accountable for passenger injuries and assaults. View our case results.


Who is liable if I’m injured on someone else’s property in Miami?

The possible defendants often include people and individuals other than the owner. We file claims against one or more of the following:

  • The owner
  • A parent company
  • A tenant
  • Construction companies
  • Architects and engineers
  • The manufacturers of defective tools, machinery, and other products
  • Repair and maintenance companies
  • Contractors and subcontractors

At Hickey Law Firm, our Miami premises liability lawyers determine how the accident happened, and who is responsible.

Premises Liability

What steps should I take after a premises liability accident in Miami?

Dangerous conditions can easily be cleaned up or repaired immediately following an accident. Therefore, you should take these steps to protect your case as soon as possible (we will follow through if you cannot do or don’t do any of these steps).

  • Get care for your injuries. Not only is timely medical intervention crucial for your well-being, but treatment by a doctor creates a record of the harm you suffered.
  • Document the accident scene. Make notes and take pictures of the conditions that led to your injury. This might be a slick floor, a broken handrail, poor lighting in a hallway, etc.
  • Interview witnesses. If you don't need to be transported immediately to the hospital, speak to anyone in the immediate area who witnessed your accident. Be sure to get their names and contact information, as they may offer valuable testimony.
  • Report the accident. If you are injured in a residential building (such as an apartment complex) or a business, there is likely a protocol for reporting injuries and accidents. Be sure to file whatever reports the property owner requests, as this is yet another document substantiating your claim.
  • Contact Hickey Law Firm. Our attorneys stand ready to investigate your premises liability claim promptly. Your initial consultation is free, and we don't get paid unless we secure a verdict or settlement in your favor.

What’s the value of my Miami premises liability claim?

There are many ways a slip and fall or any type of property accident costs you money and affects the quality of your life. Our Miami premises liability lawyers demand compensation for all your damage for as long as the injuries affect you.

Damages in a premises liability claim include all your current and future:

  • Medical bills
  • Lost income and benefits
  • Pain and suffering
  • Property damage
  • Scarring and disfigurement
  • Loss of function of any body part
  • An inability to enjoy life the way you could before the accident
  • Loss of consortium (enjoyment of your marriage)

Do you have a premises liability lawyer near me?

Hickey Law Firm meets with victims of premises liability accidents at our Miami office located at 12150 SW 128th Ct, Suite 225. We meet clients who cannot come to our office at their homes or other convenient locations when necessary.


Speak with Hickey Law Firm in Miami today

At Hickey Law Firm, our Miami premises liability attorneys work aggressively to hold property owners liable for your injuries. We’ll guide you through each step of the litigation process. When people need a specialist in life-changing injuries, people choose Hickey Law Firm.

Contact our highly respected Miami premises liability lawyers today. We handle your case on a contingency fee basis – which means we only receive compensation if the insurance company pays you money. To schedule your free consultation, call 305.371.8000 or complete our contact form. We represent premises liability victims throughout Florida and across the United States.

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Hickey Law Firm – Call us today.