Person injured on a wet lobby floor next to a caution sign — Miami premises liability

Premises liability attorneys
holding property owners accountable.

Florida law protects people injured by dangerous property conditions, including through Fla. Stat. § 768.0755 for certain business slip-and-fall claims. We move fast — preserving surveillance video and incident reports before they're overwritten or destroyed.

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Recovered for Clients
5,000+
Individuals Helped
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Unsafe properties. Real recoveries. Built for premises cases.

What sets a premises claim apart — proving notice, preserving video evidence, and applying Florida's property-owner duty of care.

01
20+
Years of experience
02
$Millions+
Recovered
03
No Fee Unless We Recover
Promise

What to do after a
premises injury in South Florida.

Premises claims live or die on details captured in the first hour. The hazard itself, the incident report, and the surveillance video all start disappearing the moment you leave the property.

  1. 01

    Get medical attention immediately

    Same-day medical care is the foundation of every premises liability claim. Adrenaline hides head, back, and joint injuries that surface hours or days later — and gaps in treatment are the first thing property owners and their insurers attack.

  2. 02

    Report the incident in writing to the property owner

    Insist on a written incident report from the manager, store, hotel, or landlord — and ask for a copy. A verbal complaint can be denied later. Written notice locks in the date, location, and condition of the hazard.

  3. 03

    Photograph the hazard and your injuries

    Wet floors get mopped, broken stairs get fixed, and burned-out lights get replaced within hours of an incident. Photos and video of the exact condition that caused your injury — and any visible injuries — are often the case.

  4. 04

    Collect witness names and contact information

    Other customers, guests, or tenants who saw the hazard before or after your injury can prove the property owner had notice. Get names, phone numbers, and emails before everyone scatters.

  5. 05

    Talk to a lawyer before signing anything

    Property owners and their commercial general liability carriers move fast with recorded statements and quick low offers. A free consultation costs nothing and protects every layer of coverage — including video that may be overwritten in 30 days.

— Video evidence disappears fast

Lock it down today.

Protect Your Claim

Why hire a premises liability
attorney in South Florida.

A premises claim is not a routine injury claim. Notice, duty of care, comparative fault, and video preservation are all specialist's work. Hiring counsel built for those mechanics is how victims actually get paid.

01

A lawyer who knows the notice element

The hardest element in a premises case is proving the owner knew — or should have known — about the dangerous condition. We use inspection logs, prior incident reports, and employee depositions to build constructive notice.

02

Video preservation letters on day one

Most commercial surveillance loops overwrite in 30 to 90 days. We send preservation demands the same day we're hired so the footage that proves the hazard existed — and how long — is locked down before it disappears.

03

Florida Slip-and-Fall Law

Fla. Stat. § 768.0755 sets the notice requirements for slips and falls on transitory foreign substances in business establishments. Florida common law distinguishes invitees, licensees, and trespassers. We know which duty applies and how to use it for maximum recovery.

04

Comparative-fault tactics neutralized

Insurers reflexively argue you should have seen the hazard or weren't paying attention. Florida's modified comparative negligence rule makes this attack more dangerous. We anticipate and rebut it from day one.

What damages are available
in a premises liability claim?

Premises claims pull from commercial general liability policies, umbrella coverage, and sometimes multiple defendants. A correctly built case captures every recoverable category — from medical bills to long-term future care.

Economic damages

Hospital bills, surgery, ongoing physical therapy, rehabilitation, and lost wages. In negligent security and serious slip-and-fall cases, the property owner's commercial general liability policy often carries substantial limits.

Non-economic damages

Pain and suffering, emotional distress, loss of consortium, and the long-term impact on daily life. When the property owner is legally responsible, applicable liability coverage may help compensate you for these damages.

Future care & lost earnings

Spinal injuries, traumatic brain injuries, and anoxic brain damage from pool drownings often require lifelong care. We build life-care plans with medical experts so the demand reflects the full future cost, not the insurer's number.

How we help you
win your premises case.

Premises claims demand careful sequencing — evidence first, then medical, then demand, then suit. Our four-stage process is built around exactly that.

01

Investigation & Evidence Preservation

The first 72 hours

We send spoliation letters to preserve surveillance video, inspection logs, sweep sheets, and prior incident reports. We photograph the hazard, identify witnesses, and lock in the scene before the property owner remediates it.

02

Medical Documentation

Building the harm record

We coordinate specialist care — orthopedics, neurology, pain management — often on letters of protection so there is no out-of-pocket cost. Complete medical records are what move premises cases from nuisance value to full recovery.

03

Demand & Negotiation

Where the carriers respond

We compile every medical bill, lost wage statement, and expert opinion on future care so the demand reflects the full impact. Commercial liability carriers respond to firms that come in with surveillance video, prior-incident proof, and a litigation track record.

04

Trial-Ready Litigation

When the offer doesn’t match the harm

Property owners and their CGL carriers track which firms file suit and try premises cases. Decades of South Florida courtroom experience translate into measurably better offers, even when trial isn't necessary.

Get every layer of coverage on the table.

Start your free case review

Most premises cases
come down to Florida statutes.

Whether it's a slip-and-fall in a grocery store or an assault at an under-secured apartment complex, the statute that controls your case determines what you must prove — and what the defendant gets to argue back.

01 — Law
Fla. Stat. § 768.0755

The transitory foreign substance statute. To recover for a slip on a liquid or substance, a plaintiff must prove the business had actual or constructive knowledge of the condition.

02 — Law
Fla. Stat. § 768.0701

The 2023 negligent security statute. Property owners may apportion fault to the criminal actor — making expert investigation of the criminal incident essential.

03 — Law
Modified Comparative Fault

An injured person who is more than 50% at fault recovers nothing. Anything under that reduces the award by the assigned percentage.

04 — Law
Invitee / Licensee / Trespasser

Florida common law sets different duties depending on your status on the property. Most premises clients are invitees — entitled to the highest duty of care.

Florida premises law sets the rules — we make sure they're applied in your favor.

Every kind of
premises liability case.

We handle the full range of premises cases in South Florida — from grocery-store slip-and-falls to negligent security shootings and pool drownings.

Dangerous Property Conditions

The classic premises liability fact patterns — a hazard the property owner knew or should have known about, and didn't fix or warn about in time.

01

Slip & Trip-and-Fall

Wet floors, spilled liquids, uneven walkways, broken tiles, and torn carpet. Claims involving spills or other transitory foreign substances in a business establishment are governed by Fla. Stat. § 768.0755 and its notice requirement.

02

Defective Stairs & Railings

Broken handrails, missing balusters, uneven risers, and code-violating stairwells. Common in apartment complexes, hotels, and older commercial buildings.

03

Inadequate Lighting

Dark parking lots, garages, and stairwells that hide hazards and invite criminal activity. Frequently overlaps with negligent security claims.

Negligent Security & Catastrophic Cases

When a property owner's failure to provide reasonable security or maintain critical safety features causes serious or fatal injuries.

01

Negligent Security Assaults

Attacks, robberies, and shootings at apartment complexes, hotels, parking garages, and bars where security was foreseeably inadequate. Governed by § 768.0701.

02

Swimming Pool Drownings

Unfenced or improperly fenced residential and hotel pools, missing safety equipment, and lifeguard failures. Children and anoxic brain injury cases.

03

Falling Objects & Balcony Collapses

Merchandise from store shelves, construction debris, signage, and structural failures of balconies and railings on aging South Florida properties.

Other Premises Cases

Premises liability is broader than slip-and-fall. Animal attacks, fires, and condition-related injuries on someone else's property all fit.

01

Dog Bites on Property

Florida is a strict-liability dog bite state under § 767.04. The owner's homeowner or renter policy is usually the source of recovery.

02

Fires & Burn Injuries

Inoperable smoke detectors, blocked fire exits, faulty wiring, and code violations in apartment complexes, hotels, and short-term rentals.

03

Hotel & Resort Injuries

Miami's hotels and resorts host millions of guests a year. Slip-and-falls, pool incidents, and security failures generate frequent premises claims.

— No matter how complex your case is

We're ready to help.

Get Your Case Evaluated

What are common injuries
in premises liability cases?

Premises injuries range from soft tissue strains to catastrophic brain damage and death. Documenting the full extent — both visible and hidden — is what drives case value.

01 — Injury
Traumatic Brain Injury

Concussions and TBIs from falls onto hard floors, assaults in unsecured properties, or falling objects. Symptoms often delay — same-day documentation is critical.

02 — Injury
Spinal Cord & Disc Injuries

Herniated discs, nerve damage, and paralysis from significant falls. Long recovery, frequent surgery, and lasting effect on earning capacity.

03 — Injury
Hip, Wrist & Ankle Fractures

The signature injuries of slip-and-fall cases — hips in older adults, wrists from bracing, ankles from uneven surfaces. Often require surgical fixation.

04 — Injury
Anoxic Brain Injury

Near-drowning at unfenced pools or under-supervised hotel pools deprives the brain of oxygen. Lifelong cognitive and motor deficits are common.

05 — Injury
Gunshot & Assault Injuries

Negligent security cases at apartment complexes, parking lots, and bars often involve serious gunshot, stabbing, or blunt-force trauma injuries.

06 — Injury
Burns & Soft Tissue Damage

Burn injuries from fires, scalding water, and electrical hazards — plus muscle and ligament strains from falls. All routinely undervalued by insurers.

What compensation
can you recover?

Commercial premises claims can involve significant general liability, excess, or umbrella coverage. Applicable insurance policies can have substantial limits to enable recovery — if the claim is built and presented correctly.

The bills you see today.

Immediate, calculable losses in the weeks after the incident.

  • Emergency room and hospital bills
  • Surgery, physical therapy, and follow-up care
  • Lost wages during recovery
  • Out-of-pocket expenses and damaged property

The cost that lasts.

Future losses and life-changing effects belong in the claim too.

  • Future medical care and ongoing treatment
  • Reduced earning capacity and career impact
  • Pain and suffering, emotional distress
  • Long-term effect on quality of life

Find out what your premises case could be worth.

Speak with a lawyer about recovery
— Florida Statute § 768.0755

The notice element can be what wins or loses your case.

Free Consultation

Five reasons
to hire OneCallLegal.

Premises claims demand a firm that knows the notice element, can unlock surveillance video before it's destroyed, and stands up to the property owners' defense counsel. That's what we've built in South Florida.

  1. 01

    Notice can be the hardest element to prove

    Florida property owners generally aren't liable unless they knew or should have known about the hazard. We build constructive notice with inspection logs, sweep sheets, prior incident reports, and employee depositions — the proof a generalist misses.

  2. 02

    Video evidence is destroyed in 30 to 90 days

    Most commercial surveillance overwrites within weeks. We send spoliation letters the day we’re retained — preserving the footage that shows the hazard, how long it existed, and the property owner's response.

  3. 03

    Defendants are often sophisticated repeat litigants

    Grocery chains, hotel groups, and apartment REITs have full-time defense counsel and adjusters who handle thousands of claims a year. We've litigated against them — and we know their playbook.

  4. 04

    Criminal-act apportionment under § 768.0701

    In negligent security cases, the 2023 statute lets defendants point fingers at the criminal actor to reduce their share of fault. We rebut it with foreseeability evidence and prior-crime statistics for the property.

  5. 05

    Comparative-fault traps

    Florida's modified comparative negligence rule bars recovery if you're more than 50% at fault. Insurers exploit this with leading recorded statements. We route all communication through counsel.

Find out what your premises case is really worth.

Request a free consultation
Insurance Impact

How insurance can
impact your premises claim.

Premises cases pull from commercial general liability (CGL) policies, excess and umbrella coverage, and sometimes multiple defendants. The first task is identifying who actually owns the property, who manages it, and who operates the business — each may have separate coverage.

Strategic representation makes sure every available policy is tendered, no defendant is missed, and the carriers don't use comparative-fault arguments to shrink the recovery you're owed.

CGL
Primary policy
+Umbrella
Excess layer
All
Communication

How long do you have
to file a claim?

In Florida, many premises liability claims based on negligence are subject to a two-year statute of limitations, but the applicable deadline can vary depending on the claims and circumstances.

The practical deadline is much shorter. Surveillance footage, inspection logs, and witness memory all degrade fast. Getting counsel involved in the first week is what locks the case down.

2yr
Statute of limitations
Video
Preserve fast
Sooner
The Better
David Stuart Seltzer, Managing Partner
David Stuart Seltzer
Managing Partner

Millions+ recovered for premises clients.

— A track record across South Florida courts

Why choose OneCallLegal
for your premises lawyer.

— Built for premises claims. Trusted by the courts.

Property owners and their CGL carriers settle hardest with firms that know premises law, can preserve surveillance video, and file suit when offers fall short. Four reasons clients trust us with their premises claims.

  • 01

    Premises & Negligent Security Expertise

    Deep familiarity with Fla. Stat. § 768.0755, § 768.0701, and Florida common law on owner duty of care.

  • 02

    Resources To Preserve Surveillance Video

    Spoliation letters and subpoenas issued on day one to lock in evidence.

  • 03

    No Fee Unless We Recover

    You don’t pay attorney’s fees unless we recover compensation for you.

  • 04

    Trial Record, Not Just Settlement

    A documented record of taking premises cases to verdict in South Florida.

Speak with a premises liability
attorney today.

Have you or a family member been hurt on someone else's property in South Florida?

Contact our team for immediate legal assistance. We'll preserve the surveillance video, secure the incident report, and identify every defendant and policy on the hook. You may be entitled to compensation for medical bills, lost wages, and pain and suffering.

The consultation is free. We come to the hospital, your home, or wherever works for you. Call now — before the property owner's adjusters get to you first.

Free
Consultation
No
Obligation
24 / 7
Available

Frequently asked
questions.

Plain-English answers to the questions premises clients ask most often in their first call with us. If yours isn't here, the consultation is free.

Notice can be actual (an employee saw it, prior complaints) or constructive (the condition existed long enough that the owner should have known). We build it with inspection logs, sweep sheets, surveillance video, prior incident reports, and employee depositions.

Under Florida’s modified comparative negligence rule, you can still recover if you were 50% or less at fault — with your award reduced by your percentage. If you’re more than 50% at fault, you recover nothing, which is why insurers push that narrative hard.

Many negligence-based premises liability claims are subject to a two-year statute of limitations, but the applicable deadline can vary depending on the claims and circumstances. The practical deadline is much shorter because surveillance video must be preserved quickly.

Yes. Commercial properties carry significant CGL and umbrella policies, and businesses are held to the highest duty of care for invitees. Residential cases run through the homeowner or renter policy, which often has lower limits but is still a viable source of recovery.

Negligent security is a premises liability theory where a property owner failed to provide reasonable security (lighting, locks, cameras, guards) given a foreseeable risk of criminal activity. These cases arise after assaults, robberies, and shootings at apartment complexes, hotels, parking lots, and bars, and are governed by Fla. Stat. § 768.0701.

No. Adjusters are trained to elicit comparative-fault admissions that can bar recovery. Politely decline and route all communication through counsel. Your free consultation is the right time to ask what you should and should not say.

It depends on the severity of injury, available coverage, the strength of the notice evidence, and the comparative-fault picture. After we review medical records, surveillance video, and the incident report, we can give you an informed estimate — not a guess.

Bring whatever you have. We'll subpoena the rest.

  • Photos of the hazard and your injuries
  • Incident report copy
  • Medical records & bills
  • Witness names and contact info
— Still have questions?

Speak directly with a premises attorney. Your consultation is free.

Contact Us

Let's discuss
your case.

A brief conversation is often enough to understand whether you have a claim and what it may be worth. There is no charge for that conversation, and nothing you share is ever shared outside our firm.

01Free consultationNo cost, no obligation.
02No fee unless we recover compensationContingency-based representation.
03Available 24 / 7Including evenings and weekends.
04Available throughout FloridaStatewide representation, wherever you are.
Or speak with us directly
(305) 465-8733
— Request a consultation

A single conversation
can change everything.

Call us, or tell us about your case online. There is no fee for the consultation, and no obligation to continue. Everything you share is protected by attorney-client privilege.

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