Premises Liability Lawyers

What Must You Prove in a Coral Gables Premises Liability Case?

Florida ties a property owner’s duty to your status on the property. Business invitees are owed the most protective duty: the owner must use reasonable care to maintain the premises in a reasonably safe condition, and must warn of concealed dangers that the owner knew or should have known about and that the invitee could not discover through the exercise of ordinary care. Florida extends comparable protection to invited social guests. For the most common case, a slip and fall on a spilled or transitory substance in a business, section 768.0755, Florida Statutes, requires proof that the business had actual or constructive knowledge of the hazard — shown, for example, by evidence the condition existed long enough that it should have been discovered, or that it happened with foreseeable regularity. That is why early preservation of video and inspection records can be decisive. Claims arising in Coral Gables, when properly venued in Miami-Dade County, are generally filed in the Eleventh Judicial Circuit. Circuit civil cases (over $50,000) with Miami-Dade County venue are filed at the Osvaldo N. Soto Miami-Dade Justice Center in downtown Miami; claims that qualify for federal jurisdiction may proceed in the Southern District of Florida, Miami Division. Claims against government-owned property carry additional presuit notice requirements and statutory caps under section 768.28.

How Long Do You Have to File a Premises Claim in Florida?

Two years from the date of injury for negligence claims accruing after March 24, 2023 (section 95.11(5)(a), Florida Statutes, as amended by HB 837); injuries on or before that date may still carry the older four-year period. Two years passes quickly — and surveillance footage can be overwritten far sooner if no one demands its preservation. A preservation letter sent early can make the difference between proof and speculation.

What Should You Do After Being Injured on Someone Else’s Property in Coral Gables?

Report the incident to management and insist on a written incident report — then photograph the hazard, your footwear, and the surrounding area before anything is cleaned or repaired. Get medical attention promptly; gaps in treatment can become a defense argument. The region’s Level I trauma centers — the Ryder Trauma Center at Jackson Memorial Hospital and HCA Florida Kendall Hospital — handle the area’s most severe injuries. Collect names of employees and witnesses, and do not give a recorded statement to the property’s insurer before speaking with an attorney. Silva & Silva reviews Coral Gables premises cases at no cost, in English or Spanish.

Property owners and their insurers can start building a defense soon after you are hurt. Level the field: call Silva & Silva at 305-445-0011 for a free consultation about your Coral Gables premises liability claim — no fees unless we recover.