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Miami Premises Liability Attorney

Have you been injured on someone else’s property in Miami? At Labovick Law Group, we specialize in premises liability law, with a solid track record of helping victims just like you. Our team of dedicated attorneys is ready to thoroughly analyze your case and fight tirelessly to maximize your compensation.

Don’t let the stress of a premises liability case weigh you down. Reach out to us today for a free consultation!

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At LaBovick Law Group, we are committed to fighting on your behalf and ensuring you obtain the justice you rightfully deserve.

Understanding Premises Liability

Premises liability is a subset of tort law that deals with personal injuries that occur due to unsafe conditions on another party’s property. The term “premises” refers to any land or building owned or occupied by someone other than the injured party. Examples of premises liability cases can range from slip-and-fall accidents in a grocery store to injuries sustained from faulty equipment at a gym, dog bites, swimming pool accidents, and even inadequate security leading to an assault.

Common Types of Accidents Leading to Premises Liability Claims

Various situations can lead to a premises liability claim. Some of the most common types of accidents include:

  • Slip and fall accidents
  • Dog bites or animal attacks
  • Accidents from defective conditions on the property
  • Injuries from falling objects
  • Elevator and escalator accidents
  • Swimming pool accidents
  • Inadequate maintenance of the premises
  • Fires and explosions
  • Exposure to hazardous materials

Responsibilities of Property Owners and Managers

In Miami and across Florida, property owners and managers are required to adhere to certain responsibilities to ensure visitor safety.

Regular Inspection of the Property

Property owners and managers should routinely inspect their premises for any potential hazards. This includes checking for broken staircases, loose railings, wet floors, poor lighting, cracked sidewalks, and more. Regular inspection helps in early identification and rectification of potential risks.

Prompt Repair or Removal of Known Dangers

Once a hazard is identified on the property, the owner or manager has a duty to promptly fix the issue. This could involve repairing a broken fixture, cleaning up a spill, or removing a tripping hazard. The key is that the response should be timely to prevent accidents.

Clear, Adequate Warning Signs

If a hazard can’t be immediately fixed, the property owner or manager is expected to provide clear warnings to visitors. For example, if a floor is wet and can’t be dried immediately, a “wet floor” sign should be placed visibly to warn visitors and prevent slip and fall accidents.

Ensuring Adequate Security

In some cases, property owners and managers are also responsible for ensuring adequate security to prevent criminal activities. This might involve hiring security personnel, installing security cameras, or implementing access controls in a building.

Maintenance of a Safe Environment

This duty encompasses the overall obligation of property owners and managers to maintain a safe and hazard-free environment. It involves everything from ensuring structural integrity to controlling pests and maintaining clean, well-lit premises.

Compensation in Premises Liability Cases

Types of Compensation Available

In a premises liability case, victims may be entitled to various types of compensation for the losses they’ve incurred. These often fall into two main categories.

Economic Damages

These are tangible, out-of-pocket costs that can be calculated and documented. They include:

  • Medical Expenses: This covers the cost of emergency room visits, hospital stays, surgeries, medications, physical therapy, and any necessary future medical care related to the injury.
  • Lost Wages: If the injury caused you to miss work, you could be compensated for the income you lost during that time.
  • Loss of Earning Capacity: If the injuries have impacted your ability to earn a living in the future, compensation for this potential loss can be awarded.
  • Property Damage: If any personal property was damaged in the incident, such as glasses, clothing, or electronic devices, you can be reimbursed for their repair or replacement cost.

Non-Economic Damages

These are intangible losses that can’t be easily quantified but are no less real for victims. They include:

  • Pain and Suffering: This refers to the physical pain and discomfort endured as a result of the injury.
  • Emotional Distress: Victims often experience significant emotional trauma following an accident, including anxiety, depression, and post-traumatic stress disorder (PTSD).
  • Loss of Enjoyment of Life: This covers the loss of enjoyment in everyday activities, hobbies, exercise, and other things that the victim used to enjoy before the injury.
  • Loss of Consortium: Spouses of the injured person may receive compensation for the loss of companionship or the inability to maintain a sexual relationship.

In exceptional cases where the defendant’s conduct was particularly egregious or malicious, punitive damages might be awarded. These are not intended to compensate the victim, but rather to punish the defendant and discourage similar behavior in the future.

Factors Influencing the Amount of Compensation

Several factors can influence the amount of compensation you receive in a premises liability case, including:

  • The severity of the injury: More severe injuries usually result in higher compensation due to increased medical costs, prolonged recovery, and greater impact on the victim’s life.
  • The impact on earning capacity: If the injury affects your ability to work, either temporarily or permanently, you may be entitled to compensation for lost wages and loss of future earnings.
  • The degree of negligence: If the property owner was aware of the dangerous condition and failed to address it, this could increase your compensation.
  • The victim’s contributory negligence: If the victim’s actions contributed to the accident, this might reduce the compensation.
  • The amount of available insurance coverage: Insurance policies often set limits on the amount of compensation available.
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For further information regarding your legal rights and available courses of action, reach out to one of our law firm's premises liability attorneys.

Demonstrating Fault in Premises Liability Cases

What Negligence Means?

In premises liability cases, negligence refers to the property owner or manager’s failure to act with reasonable care to maintain a safe environment. To demonstrate negligence, it must be shown that the property owner knew, or reasonably should have known, about the dangerous condition and failed to take appropriate actions to rectify it.

Proving Negligence in Premises Liability Cases

Proving negligence is a critical aspect of a premises liability case. Four elements must be demonstrated to prove negligence.

Duty of Care

The property owner or manager has a legal obligation to ensure the safety of their premises. This includes maintaining the property in a condition that is reasonably safe and free from hazardous conditions that could cause injury. This duty extends to anyone who legally enters the property, whether they are guests, customers, or tenants.

Breach of Duty

This element involves proving that the property owner or manager failed in their duty of care. In other words, they either knew or should have known about a hazardous condition on their property and failed to address it in a timely manner. This could be a physical condition like a slippery floor or broken stairs, or it could be a lack of adequate security measures in a location known for criminal activity.


It’s not enough to simply show that a dangerous condition existed and that the property owner or manager failed to address it. You must also prove causation – that is, the dangerous condition directly resulted in your injury. This often involves demonstrating that the injury wouldn’t have occurred if the hazard hadn’t been present.


Finally, you must show that you suffered actual harm or injury due to the incident. This can be physical harm, like broken bones or head injuries, or non-physical harm, like mental trauma or emotional distress. Proof of damages often involves medical records, receipts for treatment, and testimony about how the injury has affected your life.

Gathering and Presenting Evidence

Evidence plays a crucial role in proving negligence. This may include:

  • Accident or incident reports
  • Witness statements
  • Surveillance footage
  • Photographs of the hazardous condition and injuries
  • Medical records documenting the injuries
  • Records showing past incidents or complaints related to the hazard

This evidence must be carefully collected, preserved, and presented to effectively prove negligence.

Why You Need a Miami Premises Liability Attorney

Importance of Local Legal Expertise

Engaging a Miami premises liability attorney provides you with a professional who understands the specific laws and regulations governing premises liability in Miami and Florida more broadly. They are familiar with local courts and judges, which can provide an advantage in your case.

Navigating Legal Complexities

Premises liability cases can be complex, involving intricate details of law and demanding a thorough investigation. A seasoned attorney can navigate these complexities, handle paperwork, and meet critical deadlines, ensuring that your claim is properly presented and heard.

Advocating for Your Rights

A Miami premises liability attorney will be your dedicated advocate. They will stand up to insurance companies on your behalf, making sure your rights are protected. They’ll also fight for fair and just compensation for your injuries, taking your case to trial if necessary.

Maximizing Compensation

A skilled lawyer can accurately estimate the full extent of your damages, including current and future medical expenses, lost wages, and pain and suffering. This helps in seeking the maximum compensation you deserve.

Factors to Consider When Choosing a Miami Premises Liability Lawyer

Experience and Track Record

Choose a lawyer with substantial experience in handling premises liability cases, particularly those similar to yours. Look into their track record of success, including the settlements and judgments they have secured for their clients.

Specialization in Premises Liability Law

Law is vast, and attorneys who specialize in premises liability law will be more knowledgeable about the intricacies of such cases. They are likely to be up-to-date with the latest legal developments in this area, which could be advantageous for your case.

Communication and Accessibility

Good communication is crucial in any attorney-client relationship. You should feel comfortable discussing your case with your lawyer, and they should be responsive and accessible when you have questions or need updates on your case.

Fees and Costs

Understand the attorney’s fee structure before engaging their services. Many premises liability lawyers work on a contingency fee basis, meaning they only get paid if they win your case. Make sure you understand what percentage they will take and whether there will be any additional costs.

Let Labovick Law Group Champion Your Miami Premises Liability Case

At Labovick Law Group, we’re not just attorneys – we’re advocates for justice. Our team has extensive experience in handling premises liability cases, helping victims in Miami and throughout Florida secure the compensation they deserve. We understand the intricacies of Florida’s premises liability laws and how to effectively apply them to our clients’ benefit.

We’re passionate about what we do, and that passion is reflected in our unwavering commitment to our clients. At Labovick Law Group, we view our clients as individuals, not case numbers. We’re dedicated to providing personalized legal representation, and we’re ready to go the extra mile to fight for your rights.

What Sets Us Apart?

We combine our legal prowess with compassion and understanding. We recognize that each case is unique, and we tailor our approach accordingly to seek the best possible outcome for each client. With us, you’re not just getting a Miami premises liability attorney – you’re getting a committed partner on your path to justice.

We understand that taking the first step can be daunting. That’s why we offer a free, no-obligation consultation. We invite you to contact us to discuss your Miami premises liability case. Let us show you how we can put our knowledge, experience, and dedication to work for you. Remember, with Labovick Law Group, you’re never alone in your pursuit of justice. We look forward to championing your case!

about Miami Premises Liability Attorney

In Miami, the “open and obvious” doctrine pertains to premises liability law and essentially states that a property owner may not be held liable for injuries caused by a dangerous condition on the property if the danger was open and obvious to a reasonable person. Essentially, it’s assumed that the injured party should have seen and avoided the dangerous condition.

If you’re injured on someone else’s property, you should:

  1. Seek medical attention immediately.
  2. Report the incident to the property owner or manager.
  3. Document the conditions that led to your injury.
  4. Gather evidence such as photographs of the accident scene and your injuries.
  5. Contact a premises liability attorney to understand your legal options.

Common defenses that property owners may use in premises liability cases include:

  • Comparative negligence: They may argue that you were partly or wholly responsible for your injury.
  • Assumption of risk: They may claim that you knowingly accepted the risk involved.
  • Trespassing: If you were not lawfully on the property, they might assert that they owe you no duty of care.
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