№ MIAMFL
CM
Attorney
Carlos Mendez
Mendez Injury Advocates
Personal InjuryProduct Liability
- City
- Miami
Personal Injury · Sub-Practice
Premises Liability
Property owners must keep their premises safe. When they fail and someone is hurt, they are accountable.
§ Overview
What your case actually involves.
Premises liability covers a broad category of injuries caused by unsafe conditions on someone else's property — from commercial retail environments to private homes, government buildings, and construction sites.
Property owners owe different levels of duty depending on why you were on the property. Invitees — customers and business guests — are owed the highest duty of care. Licensees — social guests — are owed a duty to warn of known hazards. Trespassers receive the lowest duty of care, though property owners still cannot willfully injure them. The key legal issues are whether a hazard existed, whether the owner knew or should have known about it, and whether they took reasonable steps to fix it or warn visitors. Common premises liability cases include retail falls, swimming pool accidents, inadequate security, elevator and escalator accidents, and balcony or staircase collapses.
§ What you can recover — types of damages
- ▸Medical expenses for all injuries caused by the unsafe condition
- ▸Lost wages and earning capacity for injuries that affect work ability
- ▸Pain and suffering — often significant in fall, pool, and structural failure cases
- ▸Emotional distress and psychological harm, especially in assault cases with inadequate security
- ▸Permanent disability and disfigurement damages
- ▸Wrongful death damages when premises hazards prove fatal
§ How attorneys build your case
- ›Preserving evidence immediately — photographs, surveillance, maintenance records
- ›Requesting incident reports filed with the property at the time of injury
- ›Investigating prior similar incidents on the property — notice through pattern
- ›Building code and safety expert analysis of the specific hazard
- ›Establishing the property owner's duty level based on the victim's status as invitee or licensee
- ›Pursuing management companies, landlords, and contractors separately when appropriate
“Premises liability defendants have one consistent advantage: they control the evidence. Maintenance logs, inspection records, prior incident reports, and surveillance footage all belong to the property owner — who also controls whether they are preserved or destroyed after your injury. Many jurisdictions require property owners to preserve this evidence once they receive notice of a claim, but not before. Filing a notice of claim or sending a litigation hold letter early — immediately after injury — is often the decisive act in these cases.”
§ What to look for in an attorney
- 01Premises liability-specific experience, not just general personal injury
- 02Rapid response to preserve surveillance and maintenance records
- 03Understanding of your state's invitee/licensee/trespasser framework
- 04Building code and safety engineering expert relationships
- 05Experience with inadequate security claims — a specialized subset of premises liability
- 06Track record across different property types (retail, residential, government)
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓What category of visitor was I — invitee, licensee, or trespasser — and how does that affect my claim?
- 💰What evidence should I try to preserve from the property right now?
- 🔍How do you establish that the property owner knew or should have known about the hazard?
- 📋Are management companies, landlords, or contractors separately liable?
- 💬Were there prior similar incidents at this location that established notice?
- 💡Does government property immunity affect my claim if this happened on public land?
§ Frequently asked questions
Common questions about premises liability.
Q 01
What if I was injured at a rental property and the landlord knew about the hazard?
Landlord liability for tenant injuries depends on state law and the nature of the hazard. If the landlord retained control over common areas, had notice of the defect, or was contractually responsible for repairs, liability can attach. In many states, landlords who fail to fix known hazards in common areas — stairwells, parking lots, lobbies — face strict liability. Lease terms and local housing codes are both relevant.
Q 02
Can I sue for injuries from a crime that occurred on someone's property?
Yes, in what is called an inadequate security claim. Property owners who know their property has a crime history — or whose properties have inadequate lighting, broken locks, or absent security — can be liable when criminal acts foreseeably injure visitors. These cases require evidence of prior criminal activity on or near the property and proof the owner failed to take reasonable security measures.
Q 03
What if the injury happened at a vacation rental like an Airbnb property?
Vacation rental liability is an evolving area of law. The property owner, the platform (Airbnb, VRBO), and the property manager may each carry some responsibility depending on their roles and knowledge of the hazard. Airbnb and VRBO carry host liability coverage for some claims. An attorney familiar with vacation rental claims can identify all responsible parties and available coverage.
Q 04
What if I was injured on construction property where I wasn't supposed to be?
Construction site liability is complex. General contractors, subcontractors, property owners, and equipment manufacturers may all have liability. Even if you were in an unauthorized area, construction companies may be liable if the danger was not adequately secured, posted, or fenced. Child trespasser rules (the "attractive nuisance" doctrine) apply when children are injured by attractive construction hazards they couldn't be expected to recognize as dangerous.
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