Premises Liability

One moment you're walking through a grocery store, entering a hotel lobby, or heading to your apartment—the next, you're on the ground with a broken bone, a head injury, or worse. Slip, trip, and fall accidents happen in seconds, but the consequences can last a lifetime. Broken hips, fractured wrists, spinal injuries, traumatic brain injuries—these aren't minor inconveniences. They're life-changing events that require surgery, rehabilitation, and months away from work.

And the worst part? Property owners and their insurance companies will immediately try to blame you. They'll say you should have seen the hazard, that you were distracted, that you were wearing the wrong shoes. They'll downplay your injuries and deny responsibility. This isn't fair—and it isn't legal.

Under Florida law, property owners have a legal duty to keep their premises reasonably safe for visitors. That includes regular inspections, prompt repairs, adequate lighting, proper warning signs, and maintaining safe conditions. When they fail to meet this duty—through negligence, cost-cutting, or simply not caring—they can be held legally and financially responsible for your injuries.

David's years defending hospitals, healthcare facilities, and property owners in premises liability cases taught him exactly how these defendants think, what evidence they try to hide, and how they shift blame to victims. Combined with Stacy's insurance defense experience, we know the tactics property owners use—because we've seen them from the inside. Now, we use that insider knowledge to hold negligent property owners accountable and fight for victims.

Types of Premises Liability Cases We Handle

We represent injury victims in all types of premises liability cases throughout Miami-Dade, Broward, and Palm Beach counties:

• Slip and Fall Accidents – Wet floors, spilled liquids, freshly mopped surfaces without warning signs, or slippery substances in stores, restaurants, and hotels.
• Trip and Fall Accidents – Uneven sidewalks, broken pavement, unmarked steps, torn carpeting, or debris left in walkways.
• Inadequate Lighting – Poorly lit parking lots, stairwells, or hallways that create dangerous conditions and make hazards invisible.
• Stairway Accidents – Broken handrails, missing steps, loose treads, or stairs without proper markings.
• Negligent Security – Assaults, robberies, or attacks that occur due to inadequate security measures in parking garages, apartment complexes, hotels, or businesses in high-crime areas.
• Swimming Pool Accidents – Drownings, near-drownings, or diving injuries caused by lack of fencing, inadequate supervision, or improper signage.
• Falling Objects – Merchandise falling from shelves, ceiling tiles, or improperly secured items in stores and warehouses.
• Elevator and Escalator Accidents – Malfunctions, sudden stops, or entrapments caused by inadequate maintenance.
• Parking Lot Accidents – Potholes, broken curbs, inadequate drainage, or poor lighting that cause falls and injuries.

Injured on someone else's property? Call (305) 433-3135 for your free consultation. We're available 24/7.

What It Takes to Prove a Premises Liability Case

Premises liability cases require proving that the property owner knew (or should have known) about the dangerous condition and failed to fix it or warn about it. This requires evidence:

• Surveillance Footage – Video showing the hazard existed before your fall, or how long it was present.
• Incident Reports – Documentation from the property showing they were aware of the hazard or that similar incidents happened before.
• Maintenance Logs – Records proving the property owner failed to conduct regular inspections or address known hazards.
• Witness Testimony – Statements from people who saw the hazard, saw your fall, or can testify about the property's condition.
• Expert Analysis – Safety experts who can testify that the property violated building codes or industry safety standards.

The problem? Property owners know this evidence is damaging—so they make it disappear. Surveillance footage gets "recorded over." Maintenance logs get "lost." Hazards get immediately repaired and employees are told not to discuss the incident. This is why contacting an attorney immediately after your accident is critical. We can send preservation letters to protect evidence before it vanishes.

How Property Owners Try to Avoid Responsibility

Property owners and their insurance companies use predictable defenses to deny your claim. David knows these tactics intimately because he used to make these same arguments defending property owners and hospitals:

• "The hazard was obvious" – They claim you should have seen it and avoided it.
• "We didn't know about the condition" – They deny knowledge and claim the hazard appeared moments before your fall.
• "You were comparatively negligent" – They blame your shoes, claim you were distracted, or argue you were running.
• "Your injuries aren't that serious" – They minimize your pain, question your medical treatment, or claim pre-existing conditions caused your problems.

We've heard all these defenses before. More importantly, we know how to defeat them with evidence, expert testimony, and aggressive advocacy.

Don't let them blame you for their negligence. Call (305) 433-3135 now for your free case evaluation.

What should I do after a slip and fall accident?

First, get medical attention immediately—even if you think you're okay. Many slip and fall injuries worsen over time. Second, report the incident to the property owner or manager and insist they create an incident report. Get a copy if possible. Third, take photos of the hazard, your injuries, and the surrounding area. Get names and contact information from witnesses. Fourth, preserve the shoes and clothing you were wearing. Finally, contact an experienced premises liability attorney before speaking with the property owner's insurance company.

What if I was partially at fault for my fall?

Florida follows a "comparative negligence" rule, which means you can still recover compensation even if you were partially at fault. Your recovery will be reduced by your percentage of fault. For example, if you were found 20% at fault and your damages are $100,000, you would recover $80,000. Don't let the insurance company convince you that any fault on your part means you get nothing—that's not how Florida law works.

How long do I have to file a premises liability claim?

In Florida, you generally have two years from the date of your injury to file a lawsuit. However, waiting is dangerous. Surveillance footage is typically deleted after 30-90 days. Witnesses move away or forget details. Physical evidence disappears. The sooner you contact an attorney, the better your chances of preserving critical evidence and building a strong case.

What is negligent security and when can I sue for it?

Negligent security cases arise when you're assaulted, robbed, or attacked on someone else's property due to inadequate security measures. If a property owner knows (or should know) that their property is in a high-crime area or has a history of criminal activity, they have a duty to provide reasonable security—working locks, adequate lighting, security cameras, security guards, or controlled access. If they fail to provide these measures and you're harmed as a result, they can be held liable for your injuries, medical expenses, lost wages, and emotional trauma.

Have questions about your case? Get answers now. Call (305) 433-3135 for your free consultation—available 24/7.

Hold Negligent Property Owners Accountable

Property owners have a duty to keep you safe. When they fail—through negligence, cost-cutting, or simply not caring—they must be held accountable. You shouldn't have to pay for someone else's carelessness.

At Emas Law Group, we know how property owners and insurance companies defend these cases because Stacy used to defend them. We know what evidence to preserve, what arguments to counter, and how to prove negligence. We fight aggressively to recover compensation for your medical bills, lost wages, pain and suffering, and future medical care.

You pay nothing upfront. We work on contingency, which means we only get paid if we win your case. And we're available 24/7 because we know injuries don't wait for business hours.

Call Emas Law Group today at (305) 433-3135 for your free, no-obligation consultation. Time is critical—evidence disappears quickly. Let us start fighting for the compensation you deserve.