Premises Liability Lawyers

What Must You Prove in a Miami Premises Liability Case?

Florida ties a property owner’s duty to your status on the property: business invitees are owed the most protective duty — reasonable care to keep the premises reasonably safe, and to warn of concealed dangers the owner knew or should have known about that a visitor could not discover — and 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 Miami, 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 heard at the Osvaldo N. Soto Miami-Dade Justice Center, 20 N.W. 1st Avenue, Miami, FL 33128, and 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 on or after March 24, 2023 (section 95.11(5)(a), Florida Statutes, as amended by HB 837); injuries 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 Miami?

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 become a defense argument. The most serious injuries in Miami are generally routed to a Level I trauma center — the Ryder Trauma Center at Jackson Memorial Hospital or HCA Florida Kendall Hospital. 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 Miami premises cases free of charge, in English or Spanish.

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