Sunrise Premises Liability Lawyers
If you were injured on someone else’s property due to unsafe conditions, you may have grounds for a claim. At Donaldson & Weston, our premises liability lawyer represents clients in Sunrise who have been hurt in stores, apartment complexes, parking lots, and other public or private spaces. We will investigate the incident, gather evidence, and fight for the compensation you’re entitled to. Call 866-349-2912 today to set up a free consultation and discuss your legal options with our team.
Understanding Premises Liability and What It Means for Injury Victims in Florida
If you’ve been injured on someone else’s property in Sunrise, Florida, you might wonder if the property owner can be held responsible. The legal concept that comes into play is known as premises liability. This area of law determines when a property owner or manager may be liable for injuries that occur on their land or in their buildings. It’s not always a simple matter. The outcome depends on the circumstances, the condition of the property, and the reason you were there in the first place.
Premises liability cases are common in Florida and include a wide range of accidents—from slip and fall incidents in grocery stores to injuries caused by broken handrails in apartment complexes. Understanding how this legal framework works can help injury victims decide whether they have a valid claim and what steps to take next.
What Premises Liability Refers To
Premises liability is the area of personal injury law that holds property owners or occupants responsible for accidents and injuries that occur on their premises. These cases typically involve hazards that the owner knew about—or should have known about—and failed to address or warn others about.
The key idea is that property owners have a legal duty to maintain a safe environment for people who enter their property. When they fail to do that and someone gets hurt, the owner may be legally responsible for the resulting harm.
This applies to both public and private properties, including homes, stores, restaurants, apartment buildings, parking lots, and parks.
Common Types of Premises Liability Cases
Many types of accidents can lead to premises liability claims. Some of the most common include:
- Slip and fall accidents: These happen when someone slips or trips due to a hazard like a wet floor, uneven pavement, loose carpeting, or poor lighting.
- Negligent security incidents: If someone is assaulted or robbed on a property that lacked adequate security, the property owner may be held liable.
- Falling objects: Items falling from shelves or poorly secured structures can cause serious injuries.
- Swimming pool accidents: Lack of fencing, supervision, or proper warnings around a pool may lead to liability.
- Dog bites on private property: In some cases, property owners may be responsible if a visitor is bitten by a dog they knew was dangerous.
- Injuries caused by broken stairs, handrails, or walkways: Property maintenance issues can result in injuries, especially in places like apartment complexes or commercial buildings.
- Fires or toxic exposure: If a property has unsafe wiring, lack of smoke detectors, or environmental hazards, the owner could be held accountable for injuries.
Each of these situations must be evaluated on a case-by-case basis. It’s not enough that an injury occurred. There must be evidence that the property owner was negligent in their duty of care.
Duty of Care Owed to Visitors
The level of responsibility a property owner has depends on the legal classification of the person entering the property. Florida law separates visitors into three categories:
Invitees
Invitees are people who are invited onto a property for a business-related reason. This includes customers in a store or clients visiting an office. Property owners owe the highest duty of care to invitees. They must inspect the property for dangers, fix hazards promptly, and warn visitors of any known risks.
Licensees
Licensees enter the property for social purposes or personal reasons, like a guest at a party. Property owners still have a duty to keep the property reasonably safe for licensees, but they’re not required to inspect the premises for hidden dangers. They must, however, warn of known hazards.
Trespassers
Trespassers enter the property without permission. Generally, owners do not owe a duty of care to trespassers except not to intentionally harm them. There are exceptions, particularly when children are involved. For instance, if a property has an “attractive nuisance” like a swimming pool, the owner may be liable for injuries to children who enter without permission.
Establishing a Premises Liability Claim in Florida
To bring a successful premises liability claim, the injured party must show that the property owner was negligent. This means proving several key elements:
- The property owner owed a duty of care to the injured person based on their status (invitee, licensee, or trespasser).
- The property owner breached that duty by failing to correct or warn about a dangerous condition.
- The dangerous condition caused the injury.
- The injured person suffered actual damages, such as medical expenses, lost wages, or pain and suffering.
Florida law makes a distinction between different types of visitors, which affects the duty of care owed by the property owner. Invitees, such as shoppers in a store or clients in an office, are owed the highest duty. Owners must regularly inspect the premises and promptly address known or discoverable dangers. Licensees, like social guests, are also owed a duty of care, but property owners are only required to warn them of known hazards. Trespassers, particularly adult trespassers, are generally owed a minimal duty—primarily to avoid intentional harm.
Because each case is highly fact-specific, working with a personal injury attorney who understands Florida premises liability law can greatly improve your chances of building a strong and well-supported claim.
What Property Owners Are Expected to Do
Florida property owners are not expected to prevent every possible injury. However, they are required to take reasonable steps to maintain safety. This includes:
- Conducting regular inspections
- Fixing or removing known hazards
- Clearly marking or blocking off dangerous areas
- Providing adequate lighting
- Installing handrails and ramps where needed
- Ensuring elevators and escalators work properly
- Providing appropriate security in high-risk areas
Failure to perform these duties can lead to liability when someone is hurt as a result.
Gathering Evidence to Support Your Case
If you are injured on someone else’s property, gathering evidence quickly is crucial. The success of your claim often depends on proving that the property owner knew or should have known about the hazard and failed to act. Establishing this level of negligence takes clear, well-documented evidence that links the unsafe condition to your injuries.
Important steps include:
- Take photographs of the accident scene, including any hazards, lighting conditions, or warning signs—or the lack of them. Make sure to capture wide shots and close-ups from different angles. If the hazard was temporary—such as a spill or loose mat—your photos may be the only record of its existence.
- Get witness statements from anyone who saw the incident or the condition of the property. Their observations can confirm how long the hazard had been present or whether others had already reported it before your injury.
- Report the injury to the property manager or business and ask for a copy of the incident report. This creates an official record of your injury and may include details that support your version of events. Be sure to write down the names and contact information of anyone you speak with.
- Seek medical treatment as soon as possible and follow through with your doctor’s advice. Immediate care helps prevent your injuries from worsening and provides a direct link between the incident and your condition. Be honest with your healthcare provider about what happened, as your medical records may later be used as evidence.
- Keep records of all expenses, time off work, and medical bills. Financial documentation helps prove the impact of the injury on your life and supports your claim for damages.
An experienced personal injury attorney can help gather additional evidence such as surveillance footage, maintenance logs, or employee records. They may also conduct an investigation to determine whether similar accidents have occurred on the property, which could show a pattern of negligence. In some cases, they may bring in expert witnesses to analyze building codes, safety standards, or medical findings.
The more evidence you collect, the stronger your case will be. This step is not just about proving what happened—it’s about showing the full extent of your losses and holding the right party accountable.
Defenses Property Owners Might Use
Not every injury results in liability. Property owners and their insurers often raise defenses to avoid paying damages. Some common defenses include:
- Lack of knowledge: The owner may argue they didn’t know—and couldn’t have known—about the hazard in time to fix it.
- Comparative negligence: They may claim the injured person was partly at fault, such as by ignoring warning signs or being distracted.
- Assumption of risk: The defense may argue that the injured person knew the risk and chose to proceed anyway.
- The hazard was open and obvious: If the danger was clearly visible, the property owner might not be held responsible.
Florida follows a modified comparative negligence rule. This means if the injured party is found to be partly responsible for the accident, their compensation may be reduced by their percentage of fault. If the injured party is found to be more than 50% at fault, they may be barred from recovering damages altogether.
Damages That Can Be Recovered in a Premises Liability Case
Victims of premises liability accidents may be entitled to several types of damages, including:
- Medical expenses: Past, present, and future costs related to the injury.
- Lost wages: Time missed from work or diminished earning capacity.
- Pain and suffering: Physical pain, emotional distress, and reduced quality of life.
- Disability or disfigurement: If the injury results in permanent harm.
- Out-of-pocket expenses: Travel to medical appointments, home modifications, etc.
Each case is different. The amount you may recover depends on the severity of your injuries, the impact on your life, and how strong your evidence is.
Why You Should Work With a Premises Liability Attorney
Premises liability cases can be difficult to prove. Property owners are usually backed by insurance companies with strong legal teams. An experienced attorney can level the playing field.
A local personal injury attorney in Sunrise, Florida, will understand the nuances of Florida law and know how to build a case that addresses both liability and damages. Your lawyer can also deal with insurance adjusters on your behalf, negotiate settlements, or take the case to court if necessary.
Time is also a factor. Florida’s statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. Waiting too long could mean losing the right to seek compensation.
Taking Action After an Injury on Someone Else’s Property
If you’re hurt on someone else’s property, your actions afterward can impact your case. Here’s what to do:
- Seek medical care immediately, even if injuries seem minor at first.
- Report the incident to the property owner, manager, or business.
- Document everything—photos, names of witnesses, and your account of what happened.
- Avoid making statements to insurance companies without legal advice.
- Contact a personal injury lawyer to review your case and explain your options.
Premises liability claims can involve complicated legal arguments and factual disputes. The sooner you consult with a lawyer, the more effectively you can protect your rights.
By understanding how premises liability works and taking the right steps after an injury, you can improve your chances of holding the responsible party accountable. If you’ve been hurt in Sunrise, Florida, a qualified personal injury attorney can help you navigate the legal process and pursue the recovery you deserve.
Speak to a Sunrise Premises Liability Attorney Today
When property owners fail to keep their premises safe, innocent people can suffer serious harm. If you’ve been injured due to hazardous conditions, Donaldson & Weston’s Sunrise premises liability attorney can help you pursue the compensation you need to recover. We’ll build a strong case and stand up to insurance companies on your behalf. Call 866-349-2912 to schedule a free consultation. There’s no cost to speak with us, and we only get paid if we secure compensation for you.
