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Miami Premises Liability Lawyers

Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery and compensation they deserve.

Premises Liability Attorneys Serving the South Florida Community for Over 30 Years

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In a premises liability case, the injured person must be able to prove that the owner’s building negligence with respect to ownership and/or maintenance of the property resulted in the injury. 

If you were simply injured on someone’s property, or even if the property is in an unsafe condition, that does not necessarily mean that the property owner was negligent. It must be shown that the property owner knew or should have reasonably known that the premises was in an unsafe condition, and still declined to take the appropriate action to remedy the situation.

What is Premises Liability?

Premises liability is a legal concept that usually comes into play during personal injury cases that occured on someone’s property due to some type of unsafe or defective condition. Personal injury cases are typically based on negligence, which in this case is the failure to use reasonable care in connection with a property. 

Types of Premises Liability

There are many different types of personal injury cases that can fall under premises liability cases such as:

  • Slip and fall cases
  • Inadequate premises maintenance
  • Defective premises conditions
  • Inadequate building security leading to assault or injury
  • Elevator and escalator accidents
  • Dog bites
  • Swimming pool accidents
  • Amusement park accidents
  • Water leaks or flooding
  • Fires
  • Toxic fumes or chemicals

There are a wide range or scenarios that can involve an unsafe condition on someone’s property. Even the presence of a potentially dangerous dog falls under the umbrella of premises liability.

Premises Liability Examples

To look deeper into some possible examples of premises liability we can break it down by type:

Slip and Fall

These are some of the most straightforward premises liability cases. This is when someone slips or trips on someone else’s property, causing a fall. Some common conditions that can lead to a slip or trip and fall include:

  • Wet or oily floors
  • Defective staircases
  • Accumulation of snow or ice
  • Hidden extension cords
  • Unsecured rugs or carpets
  • Loose or broken steps, sidewalks or floors
  • Thresholds

Inadequate Security

Insufficient building security cases typically occur in apartment buildings or offices. Building owners have a duty to act reasonably and cautiously by securing access to these structures. This is why you’ll see large apartment buildings and offices usually have doormen or security guards as well as requirements for tenants to keep main doors locked. You may have a premises liability case against a business owner if someone breaks in or simply walks through an unlocked door and assaults or kills someone inside.

Swimming Pool Accidents

An unsupervised and unsecured pool can lead to tragic consequences, usually involving children. This is why most states and municipalities have laws and ordinances that require swimming pools to have a fence, oftentimes with a locking gate. If someone leaves their pool open and unguarded, resulting in an accident, they may be held accountable in a premises liability case.

How a Premises Liability Injury Case Works

In this type of personal injury case, the plaintiff is asserting that the dangerous condition of a property led to injury, and the property owner should be held responsible. The elements of these cases vary from state to state however, generally the injured person, or plaintiff, will need to prove:

  • The person causing the injury, or the defendant, owned, occupied or leased the property
  • The defendant was negligent in the operation of the property
  • The plaintiff was harmed and
  • The defendant’s negligence led to the harm caused.

Historically, the defendant’s standard of care would depend on the status of the person entering the premises. There are three categories visitors can fall under:

  • Invitees– Someone who enters the property for the financial benefit of the defendant, or someone who enters a property generally open to the public is considered an invitee. A defendant owes invitees a duty of reasonable care in maintaining the premises and an affirmative obligation to keep the property reasonably safe.
  • Licensees– Any person who has the express or implied permission of the defendant to enter the property is considered a licensee. A defendant must warn licensees of known dangers that may be a concealed assumption of risk. Social guests are licensees for example; however, if the guest is asked to leave the property and refuses, he or she becomes a trespasser.
  • Trespassers– Someone who unlawfully enters or remains on the property of another is a trespasser. Trespassers are not owed any duty from defendants except to refrain from willfully and blatantly harming the trespasser. 

If you or someone you love has been injured or killed as a result of a property owner’s negligence per se, you may be entitled to recover damages from a premises liability case. Call the experienced Miami attorneys at Panter, Panter & Sampedro to discuss the details of your situation and see if you may be eligible to sue.

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Frequently Asked Questions

  • Panter, Panter & Sampedro is among the leading personal injury law firms in South Florida. For more than 30 years, our Board Certified trial attorneys have represented individuals injured by negligent parties in cases of significant size and complexity across various practice areas.

    We are a different kind of law firm, with the legal skill and expertise needed to serve our clients, and an unwavering dedication to family values.

    We believe our success, both inside and outside the courtroom, is defined by what we care about — it’s that simple. Panter, Panter & Sampedro is an award-winning personal injury law firm — but more than that — it is a group of people that genuinely cares about protecting the rights of individuals suffering as a result of wrongdoing and negligence.

  • With a track record of success in working closely with each client, our legal team has secured millions of dollars in compensation for thousands of accident victims and their families over the course of three decades. We guide our clients through the entire legal proceedings, from filing the initial complaint to assisting with the proper distribution of funds once compensation is awarded.

    Our vast trial experience includes substantial verdicts and settlements in cases involving motor vehicle accidents, medical malpractice, product liability, slip-and-fall, catastrophic injuries, wrongful death and more.

    Panter, Panter & Sampedro’s proven team of civil trial lawyers are relied upon by the Miami and South Florida community to protect their rights and ensure justice is served by securing the best verdicts and recoveries possible.

    When our firm takes on a personal injury claim, we aggressively represent our clients and fight for the maximum compensation under the law. Rest assured that no matter how difficult the case, we are prepared to serve as your most ardent legal advocates and welcome the opportunity to hold the culpable parties accountable.  

    Panter, Panter & Sampedro proudly serves residents throughout South Florida — including Miami-Dade, Broward, and Palm Beach Counties.

  • No recovery, no fees.

    We believe that everyone, regardless of their financial status, should have access to sound legal counsel as they exercise their right to pursue justice and redress any harm or wrongdoing.

    At Panter, Panter & Sampedro, all our services are offered on a “contingency fee” basis, which means that any payment to the firm completely depends on whether our efforts result in a financial recovery for our client.

    Any lawyer’s fees for representing the client will be deducted from the final personal injury settlement in the client’s case or from the damages awarded after a favorable verdict, in the event that the client’s case goes to trial.

    In general, attorneys can receive up to one-third of the gross amount of a pre-suit settlement or 40% of the gross settlement recovery once a Defendant files an answer to a lawsuit. These rules are regulated by the Florida Bar, and the following summarizes our contingency fee policy:

    • Client enters into an agreement granting legal authority to the firm to represent the client in exchange for attorneys fees paid in the form of a percentage of the total recovery.
    • The firm assumes all up-front financial costs and risk associated with litigating the case. All of these expenses are paid by the firm, and are only repaid if a recovery is won.
    • The client pays no fees whatsoever, hourly or otherwise.
    • The firm’s contingency fee percentage varies based on the type of case, level of complexity, and the foreseeable resources required to litigate it properly.
    • Every case is unique, but the contingency fee percentage is always clearly agreed upon by both parties and documented in writing upon retaining our services.
  • We can. Call 305-662-6178 or submit a request for your FREE CONSULTATION to speak directly with one of our knowledgeable personal injury lawyers. We will review your case at no charge. To learn more about personal injury, please read below.

    Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.

    Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

    Personal injury cases can involve:

Personal Injury

Traffic Accidents

Medical Malpractice

Premises Liability

Product Liability

Catastrophic Injuries

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