If a dangerous condition on someone else's property left you with injuries, the property owner's insurance company is not on your side. Their job is to pay as little as possible, and they start building that defense immediately.
Our Broward County premises liability lawyers at Miller & Jacobs Accident Attorneys represent people injured on commercial properties, rental units, private residences, and public spaces across Fort Lauderdale, Pompano Beach, Hollywood, and throughout Broward County.
We take every property injury case on contingency, so your family pays nothing unless we recover compensation. Call (954) 784-2277 for a free consultation.
Table of contents
- How Does a Broward County Premises Liability Lawyer Help After a Property Injury
- What Duty of Care Do Florida Property Owners Owe to Visitors
- What Types of Premises Liability Claims Do Broward County Attorneys Handle
- How Do You Prove a Premises Liability Claim in Broward County
- What Is the Filing Deadline for a Premises Liability Lawsuit in Broward County
- FAQs for Broward County Premises Liability Lawyers
- Contact Broward County Premises Liability Lawyers at Miller & Jacobs Today
How Does a Broward County Premises Liability Lawyer Help After a Property Injury
A premises liability lawyer helps by building a case that proves the property owner's knowledge of the hazard and connecting that failure directly to your injury. Property owners and their insurers fight hard in these cases because admitting they knew about a dangerous condition opens the door to liability not just for your claim but for anyone else who may have been hurt by the same hazard.
Why Our Attorneys Approach These Cases Differently
Mark J. Miller and Rick S. Jacobs founded our firm after careers as Assistant State Attorneys, where they learned how to build cases from the ground up under pressure.
Mark brings more than 70 jury trials of courtroom experience from both prosecution and insurance defense work, which means he understands the playbook that property insurers follow. Rick tried more than 160 cases before juries during his tenure in the Miami-Dade County State Attorney's Office. Together, they have recovered more than $150 million for injured clients.
That background matters in premises liability litigation because property owners rarely admit they knew about a hazard. We build the proof through records, physical evidence, and testimony rather than relying on the other side to concede fault. Our investigation in Broward County property injury cases typically includes:
- Sending investigators to photograph and measure the hazardous condition, document lighting and signage, and request security camera footage before the property owner alters the scene
- Subpoenaing maintenance logs, inspection schedules, prior incident reports, and code violation records that reveal what the owner knew and when they knew it
- Retaining medical professionals who connect the mechanics of your injury directly to the conditions on the property
- Identifying every party that may share liability, including property owners, commercial tenants, management companies, and outside maintenance contractors
Our Pompano Beach office at 1600 S. Federal Highway, Suite 1101, sits minutes from Fort Lauderdale. Every property injury case runs on contingency, meaning you owe nothing unless we obtain a recovery.
Communities and Practice Areas We Serve
Our property injury attorneys represent clients across Fort Lauderdale, Pompano Beach, Hollywood, Coral Springs, Pembroke Pines, Miramar, Davie, Plantation, Sunrise, Deerfield Beach, and surrounding areas.
We also accept cases in Palm Beach County, Miami-Dade County, and statewide through our Orlando and Tampa offices. Beyond premises liability, we represent clients in car accidents, truck collisions, pedestrian crashes, wrongful death claims, and other personal injury matters.
What Duty of Care Do Florida Property Owners Owe to Visitors
The duty of care a property owner owes you in Florida depends on your legal status at the time of the injury: invitee, licensee, or trespasser. Florida courts assign different levels of responsibility to property owners based on why you were on the premises when you were hurt.
What Is an Invitee in Florida Premises Liability Law
An invitee is a person who enters property at the owner's express or implied invitation, typically for a business purpose. Customers shopping at a store, diners at a restaurant, hotel guests, and patients at a medical office all qualify as invitees.
Property owners owe invitees the highest duty of care under Florida law, which includes three specific obligations:
- Maintaining the property in a reasonably safe condition through regular inspection and upkeep
- Correcting dangerous conditions that the owner knows about or that a reasonable inspection would reveal
- Warning invitees of concealed hazards that the owner knows about but that are not obvious to a visitor exercising ordinary care
Most premises liability claims in Broward County involve invitees injured at commercial properties, because the duty of care is strongest in that relationship.
What Is a Licensee and How Does the Duty Differ
A licensee is a person who enters property with the owner's permission but not for a business purpose. Social guests visiting a friend's home are the most common example. Property owners owe licensees a more limited duty: they must warn of known dangers that are not obvious, but they have no obligation to actively inspect the property for hidden hazards on a licensee's behalf. That distinction makes licensee claims harder to prove than invitee claims.
If your loved one’s injury happened in a care facility rather than a private home, the legal protections change completely—explore this essential guide to the Florida Nursing Home Residents' Bill of Rights to ensure their safety and dignity are protected.
What Types of Premises Liability Claims Do Broward County Attorneys Handle
Premises liability covers any injury caused by an unsafe condition on someone else's property, not just slip and fall accidents. The legal theory applies whenever a property owner's failure to maintain, inspect, or warn creates a hazard that injures a visitor.
Claims that premises liability attorneys in Broward County commonly handle include:
- Slip, trip, and fall injuries caused by wet floors, uneven surfaces, broken stairs, or debris on walkways
- Negligent security claims where inadequate lighting, broken locks, missing cameras, or a lack of security personnel contributed to an assault or robbery on the property
- Swimming pool accidents involving missing barriers, broken gates, absent lifeguards, or failure to comply with Florida Statute § 515.27 residential pool safety requirements
- Elevator and escalator injuries at commercial buildings, shopping centers, and condominium complexes in the Fort Lauderdale area
- Dog bite and animal attack claims on residential or commercial property where the owner knew or had reason to know the animal posed a risk
Each type of claim involves a different set of facts and a different approach to proving the property owner's knowledge and negligence. The legal theory stays the same, but the evidence that supports it changes with every case.
If you recently slipped and fell and are experiencing the serious repercussions of head trauma, don't leave your financial recovery to guesswork—click here to find out exactly how much your head injury claim could be worth.
How Do You Prove a Premises Liability Claim in Broward County
Proving a premises liability claim in Florida requires showing four things: the property owner owed you a duty of care, the owner breached that duty, the breach caused your injury, and you suffered actual damages as a result. The most contested element in nearly every case is whether the property owner knew or had reason to know about the dangerous condition.
What Is the Constructive Knowledge Standard Under Florida Law
For claims involving transitory foreign substances in a business, such as a spill on a grocery store floor, Florida Statute § 768.0755 requires the injured person to prove the business had actual or constructive knowledge of the hazard. Constructive knowledge means the dangerous condition existed long enough, or occurred regularly enough, that a reasonably careful business would have discovered it.
Physical evidence at the scene tells the story. Dirt mixed into a puddle, footprints through a spill, dried edges on a liquid, and cart tracks across a floor surface all suggest the hazard sat there long enough for the property owner to have noticed and addressed it. Photographs taken at the scene before cleanup are often the most persuasive evidence in these cases.
How Does Florida's 51% Fault Rule Affect a Premises Liability Case
Florida's modified comparative fault rule bars you from recovering any compensation if your fault exceeds 50%. Under Florida Statute § 768.81(6), your award decreases by your share of responsibility, and anything above 50% eliminates recovery entirely.
Property owners and their insurers raise comparative fault arguments in nearly every premises liability case. The most common tactics include:
- Arguing that the hazard was open and obvious, meaning you had a duty to notice and avoid it on your own
- Claiming you were distracted by a phone, a companion, or merchandise and failed to watch where you were walking
- Pointing to your footwear, such as worn-out soles or high heels, as a factor that contributed to the injury
- Asserting that posted warning signs or barriers gave you adequate notice to avoid the area
Strong scene evidence, including photographs taken before cleanup, witness statements, and records showing the property owner failed to inspect the area, pushes back against these arguments and protects your right to compensation. Call (954) 784-2277 to talk through the specifics of your situation.
What Is the Filing Deadline for a Premises Liability Lawsuit in Broward County
Florida gives you two years from the date of the injury to file a premises liability lawsuit. Florida Statute § 95.11, as amended by House Bill 837, reduced this window from four years to two for negligence claims accruing on or after March 24, 2023. Once that deadline passes, the court bars the claim regardless of how strong the evidence is.
Why Does the Deadline Require Prompt Action
Property owners clean up hazards within minutes, overwrite security camera footage within days, and discard inspection logs without a second thought. A premises liability case involves several time-sensitive steps that all need to fit inside the two-year window:
- Documenting the hazardous condition through photographs, measurements, and witness interviews before the property owner alters or repairs the scene
- Requesting and preserving surveillance footage, maintenance records, and prior incident reports before the property owner destroys or overwrites them
- Completing medical treatment or reaching a point where doctors have a clear picture of the full cost of your injuries
- Negotiating with the property owner's insurer and, if necessary, filing a lawsuit before the statutory deadline passes
Reaching out to a premises liability attorney near you in Broward County as early as possible protects both the evidence and your right to file before time runs out.
Past results do not guarantee future outcomes. Every case is different, and results depend on the specific facts and circumstances involved.
If your slip and fall incident occurred due to poor lighting, broken gates, or a lack of guards in regions like Broward County or Fort Lauderdale, you may have grounds for a lawsuit—read this guide to see how negligent security claims can help you recover damages.
FAQs for Broward County Premises Liability Lawyers
How long do I have to file a premises liability lawsuit in Broward County?
Two years from the date of the injury under Florida Statute § 95.11. This deadline applies to all property injury claims in Broward County and throughout the state. Missing it permanently bars your case.
What do I need to prove in a Florida premises liability case?
You must prove four things: the property owner owed you a duty of care, the owner breached that duty by allowing a dangerous condition to exist, the breach caused your injury, and you suffered actual damages. The most contested element is typically whether the owner knew or had reason to know about the hazard.
How much does a property injury lawyer near me in Broward County charge?
We take all premises liability cases on contingency. You pay zero upfront, and we collect a fee only if we recover compensation. The first consultation is free and entirely confidential.
What if I was hurt on government property in Broward County?
Claims against government entities follow separate procedural rules, including mandatory pre-suit notice requirements and potential caps on damages. Missing the notice deadline, even within the two-year statute of limitations, may result in your claim being dismissed. Speaking with a premises liability attorney in Broward County promptly after an injury on government property is always a good idea.
What is the difference between an invitee and a licensee in Florida?
An invitee enters property at the owner's invitation, usually for a business purpose, and receives the highest duty of care. A licensee enters with permission but not for a business purpose, like a social guest, and receives a more limited duty. The distinction determines what the property owner must do to keep you safe and directly affects the strength of your claim.
Do I need a premises liability lawyer if I was hurt on someone else's property in Broward County?
If the property owner's insurer denies your claim, argues the hazard was obvious, or blames you for the injury, having legal representation protects your ability to recover compensation. We take every property injury case on contingency, so you pay nothing unless we win.
What if the property owner says the hazard was open and obvious?
The open and obvious defense is one of the most common arguments in Broward County premises liability cases. Property owners claim they had no duty to warn because the danger was visible to anyone paying attention. Whether that argument holds up depends on the specific facts, including the lighting, the placement of the hazard, and whether the owner took any steps to address it despite knowing it existed.
What types of properties do premises liability claims involve?
Premises liability claims may involve any type of property where a dangerous condition injures a visitor. Common examples include grocery stores, shopping centers, restaurants, hotels, apartment complexes, parking garages, office buildings, public parks, and private residences. The duty the owner owes depends on whether you were an invitee, licensee, or trespasser at the time of the injury.
Contact Broward County Premises Liability Lawyers at Miller & Jacobs Today
The property owner's insurer started reviewing the incident the moment it happened. Adjusters already pulled the report, checked for posted warning signs, and began building an argument that you bear responsibility for your own injuries. Each day without legal representation gives the property owner more time to repair the hazard, overwrite camera footage, and strengthen that defense while your evidence quietly disappears.
We have recovered more than $150 million for clients across Broward County, Fort Lauderdale, Pompano Beach, and the rest of Florida. Former prosecutors Mark Miller and Rick Jacobs bring a combined 230-plus jury trials to every case.
Every premises liability claim runs on contingency. Call (954) 784-2277 today for a free consultation.