Fort Lauderdale Premises Liability Attorney — Injured on Someone Else’s Property?
Property owners in Florida have a legal obligation to maintain their premises in a reasonably safe condition. When they fail to do so and someone gets hurt, they can be held financially responsible for the resulting injuries. I’m Eric J. Goldman, a Fort Lauderdale premises liability attorney who represents people injured due to dangerous property conditions throughout Broward County and South Florida. Whether you were injured at a commercial business, a private residence, a public space, or a construction site, I can help you pursue the compensation you deserve.
Call me at (954) 536-7557 for a free case evaluation. I’ll review the facts, explain your rights under Florida law, and advise you on the best path forward.
What Is Premises Liability Under Florida Law?
Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. While slip and fall accidents are the most well-known type of premises liability claim, this legal theory covers a much broader range of situations where a property owner’s negligence causes injury.
The duty of care a property owner owes depends on the legal status of the person who was injured:
- Invitees — Customers, clients, and anyone invited onto the property for the owner’s business benefit. Property owners owe invitees the highest duty of care, including a duty to regularly inspect the premises and correct or warn of any dangerous conditions.
- Licensees — Social guests and others who enter the property with the owner’s permission but not for the owner’s business benefit. Property owners must warn licensees of known dangers that are not obvious.
- Trespassers — Individuals who enter the property without permission. Generally, property owners owe minimal duty to trespassers, but important exceptions exist, particularly concerning children under Florida’s “attractive nuisance” doctrine.
Types of Premises Liability Cases I Handle
Negligent Security
Property owners who invite the public onto their property — hotels, apartment complexes, parking garages, nightclubs, shopping centers — have a duty to provide reasonable security measures. When inadequate security leads to an assault, robbery, or other violent crime, the property owner may be liable for the victim’s injuries. In Fort Lauderdale’s bustling entertainment districts along Las Olas Boulevard and Fort Lauderdale Beach, negligent security claims are unfortunately common.
I examine factors such as the property’s crime history, the adequacy of lighting, whether security cameras and personnel were in place, and whether the property owner ignored known security risks.
Swimming Pool Accidents
With South Florida’s year-round warm weather, swimming pools are everywhere — in homes, apartment complexes, hotels, and community recreation areas. Florida law imposes specific safety requirements for residential pools, including barriers, gates, and alarms. When a property owner fails to comply with these requirements and someone is injured or drowns, they can face serious liability. Pool accident cases involving children are particularly devastating and often involve the attractive nuisance doctrine, which imposes heightened responsibilities on property owners.
Dog Bite Injuries
Under Florida Statute 767.01 and the broader dog bite statute at Florida Statute 767.04, Florida imposes strict liability on dog owners for bite injuries. This means the dog’s owner is liable for damages caused by a bite regardless of whether the dog had ever bitten anyone before or shown aggressive tendencies. You do not need to prove the owner was negligent — only that the bite occurred and you were lawfully on the property or in a public place. This is one of the most victim-friendly dog bite laws in the country.
Elevator and Escalator Accidents
Malfunctioning elevators and escalators in Broward County’s commercial buildings, condominiums, and parking structures can cause serious injuries including crush injuries, falls, and entrapment. Property owners and maintenance companies can be held liable when they fail to properly maintain this equipment.
Construction Site Injuries
Fort Lauderdale’s continuous development means construction sites are a constant presence. When visitors, passersby, or even workers are injured due to unsafe conditions on a construction site, premises liability claims may be available against the property owner, general contractor, or subcontractors.
Proving a Premises Liability Case in Florida
To succeed in a premises liability claim, I must generally establish:
- The property owner owed you a duty of care based on your legal status on the property.
- A dangerous condition existed on the property.
- The property owner knew or should have known about the dangerous condition.
- The property owner failed to take reasonable steps to correct or warn of the danger.
- The dangerous condition directly caused your injuries.
I conduct thorough investigations — obtaining surveillance footage, building inspection records, maintenance logs, prior incident reports, and expert analysis — to build the strongest possible case for my clients.
Frequently Asked Questions
What is the difference between premises liability and a slip and fall claim?
Slip and fall is one specific type of premises liability claim. Premises liability is the broader legal category that also includes negligent security, dog bites, swimming pool accidents, elevator malfunctions, and any other injury caused by dangerous conditions on someone else’s property.
Can I sue a property owner if I was injured by a criminal act on their property?
Yes. While the criminal is primarily responsible, the property owner may also be liable if inadequate security measures contributed to the crime. This is known as a negligent security claim. If the property owner knew or should have known about criminal activity in the area and failed to take reasonable steps to protect visitors, they can be held accountable.
What if I was bitten by a dog while visiting someone’s home?
Under Florida Statute 767.04, the dog’s owner is strictly liable for your bite injuries as long as you were lawfully on the property. You do not need to prove the owner knew the dog was dangerous. The only major defense available to the dog owner is if you provoked the animal.
Can a landlord be held liable for injuries in a rental property?
Yes. Landlords in Florida have a duty to maintain common areas — hallways, stairwells, parking lots, laundry rooms, pools — in a reasonably safe condition. If a tenant or visitor is injured due to the landlord’s failure to maintain these areas, the landlord can be held liable. This is particularly relevant in Fort Lauderdale’s large rental and condominium market.
How long do I have to file a premises liability claim in Florida?
The statute of limitations for premises liability claims in Florida is generally four years from the date of injury under Florida Statute 95.11. However, I always recommend acting quickly because crucial evidence — particularly surveillance video — can be lost or overwritten within days or weeks.
Contact a Broward County Premises Liability Lawyer
If you’ve been injured on someone else’s property in Fort Lauderdale, Broward County, or anywhere in South Florida, you need an attorney who understands the nuances of Florida premises liability law. As part of my broader personal injury practice, I fight to hold property owners accountable when their negligence causes harm. Call Eric J. Goldman, P.A. at (954) 536-7557 for a free consultation.