Premises Liability Attorney Miami Your Choice of Lawyers Matters.

Premises Liability Lawyer in Miami

Put More Than 40 Years of Combined Experience Behind Your Claim

An injury on someone else’s property doesn’t automatically establish a claim. Premises liability depends on who controlled the property, what dangerous condition caused the harm, whether the responsible party knew or should have known about it, and whether reasonable steps were taken to correct the hazard or warn visitors.

At Viñas & DeLuca, we represent individuals and families harmed by poor maintenance, inadequate warnings, defective property features, and foreseeable security hazards. Our attorneys examine the evidence, the severity of the injury, and the conduct of each potentially responsible property owner or occupier.

Call (645) 231-2792 to discuss your property injury with our Miami premises liability lawyers.

Selective Caseloads & Direct Attorney Communication

We apply our experience to personal injury and wrongful death claims throughout Florida. By limiting the number of cases we accept, we can devote greater attention to preparation, strategy, and communication. You’ll communicate directly with the attorneys handling your case, so your questions, evidence, and legal options receive personal attention throughout the process.

Property Hazards That Can Lead to Premises Liability

Unsafe property injuries can occur in stores, restaurants, hotels, apartment communities, condominiums, offices, parking garages, public buildings, construction areas, swimming pools, and other recreational spaces.

Conditions that may support a claim include:

Slippery floors, uneven walkways, or unsafe entrances
Broken stairs, handrails, elevators, or other property features
Falling merchandise, construction materials, or other objects
Inadequate lighting or security measures
Hazards that weren’t repaired, blocked off, or disclosed

Slip and fall incidents and negligent security claims are specific forms of premises liability. Each requires careful analysis of the hazardous condition, evidence of notice, and the connection between the danger and the resulting injury.

How Florida Premises Liability Claims Are Evaluated

A property owner’s legal duty can depend partly on the visitor’s status. An invitee enters for a business or public purpose, a licensee enters with permission for a personal purpose, and a trespasser enters without permission. Florida law applies different duties and exceptions based on that status and the circumstances of the entry.

For a transitory foreign substance, such as a temporary spill or debris in a business establishment, Florida Statute 768.0755 generally requires proof of actual or constructive knowledge. Constructive knowledge may be established by showing that the condition existed long enough to be discovered or occurred often enough to be foreseeable.

Inspection practices, maintenance records, prior incidents, warnings, and surveillance footage can all affect the analysis. Whether a hazard was open and obvious may also matter. Under Florida’s comparative fault rule, a claimant’s recovery may be reduced by that person’s share of fault and, in many negligence cases, barred if that share exceeds 50%.

Cases We Handle

Preserving Evidence After an Unsafe Property Injury

Property conditions can change quickly, and surveillance recordings may be overwritten. We investigate promptly and work to preserve photographs, video, incident reports, witness information, maintenance and inspection records, and other evidence relevant to control and notice.

Our preparation may include comprehensive record reviews, early medical review, reconstruction, and outside professional support when appropriate. We prepare each case for trial while pursuing resolution through the available legal process.

What Compensation May Cover After a Property Injury

Depending on the facts and available proof, recoverable damages may include medical expenses, future care, lost income, reduced earning capacity, physical pain, emotional distress, disability, or disfigurement. A wrongful death claim may also address qualifying losses suffered by surviving family members.

Our reported recoveries include a $3,000,000 premises liability result. Past results don’t determine the value of another claim. Liability, comparative fault, medical evidence, insurance coverage, and the injury’s personal and financial consequences can all affect the outcome.

What to Do After an Injury on Someone Else’s Property

Your actions after an incident can affect both your health and the available evidence. Seek appropriate medical care first, then document what happened if you can do so safely.

When practical, take these steps:

Report the incident to the property owner, manager, or responsible employee.
Photograph or record the hazard, surrounding area, and visible injuries.
Collect witness names and contact information.
Preserve receipts, communications, damaged belongings, and medical records.
Understand the consequences before giving a recorded statement or signing a release.

An owner or insurer may dispute how long the condition existed, whether anyone knew about it, or whether the injured person contributed to the incident. A prompt investigation can identify evidence relevant to those disputes before it disappears.

Florida Filing Deadlines for Property Injury Claims

Most Florida negligence and wrongful death lawsuits generally have a two-year filing window, but the applicable deadline may vary based on the legal theory, defendant, incident date, and any statutory exception. Reporting an injury to a property owner or insurer doesn’t file a lawsuit or preserve the legal deadline.

Trusted. Respected. Recommended.

See What Our Clients Are Saying About Their Experience with Viñas & DeLuca

Defense Experience That Informs Our Approach

Francisco Viñas previously defended insurance carriers, hospitals, nursing homes, and other organizations. That background gives us insight into defense tactics, evidence disputes, and insurer arguments. When a case goes to trial, we can also use innovative courtroom technology to present complex facts and evidence clearly.

“Truly Cares!”
“I highly recommend Frank Vinas to anyone looking for an attorney who is both highly competent and genuinely cares about his clients.”

Pierre C.
“Compassionate, Professional, and Incredibly Knowledgeable!”
“I cannot recommend Frank enough! From the moment I reached out, he and his team were compassionate, professional, and incredibly knowledgeable.”

Jessica V.
“Exceptional From Start to Finish!”
“Frank Vinas was exceptional from start to finish. He took the time to carefully walk me through my case, answer all of my questions thoroughly, and make sure I understood every step of the process.”

Elad K.
“An Excellent Experience!”
“I had an excellent experience working with Frank Vinas. He was professional, knowledgeable, and genuinely cared about my case from start to finish.”

Ava L.
“I Would Highly Recommend!”
“If you’re looking for someone who is knowledgeable, trustworthy, and genuinely invested in your best outcome, I would highly recommend Frank Vinas without hesitation.”

Ariel M.

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Get a Fact-Specific Review of Your Property Injury

Contact Viñas & DeLuca to discuss how the injury occurred, what evidence may exist, and what the property owner or insurer has requested. We can evaluate potential liability, available damages, filing deadlines, and the next steps for your case. Your initial consultation is free and confidential.

Consultations are available by phone or video, and a Spanish-speaking attorney is available when preferred. We work on a contingency-fee basis, so you don’t pay an attorney fee unless we recover compensation for you.

Call (645) 231-2792 to speak with our premises liability attorneys.