Premise Liability FAQs

What is premises liability?

Premises liability generally refers to a claim made against a property owner or manager when someone is injured or killed on the property under their ownership, management and/or control. In order to have a claim for premises liability, you generally have to prove that the owner or manager had a duty to use reasonable care or to reasonably maintain their property, they failed to do so, as a result of their failure to maintain the property someone was hurt or killed, and the person or their family sustained damages.

How long do I typically have to make a premises liability claim if I was hurt on someone’s property?

Florida law limits the time you can file a claim if you are injured on someone else’s property. Generally, you have 4 years from the date of the incident. However, the time could be shorter. For example, if the Defendant is a government entity, you may be required to send a specific statutory notice to them within 3 years or the claim could be barred. If the injury occurred at a nursing home, the time could be limited to 2 years. Every case is fact specific and it is important to talk to an attorney as soon as possible to see if you can bring a claim for your injuries.

If I was hurt while on vacation in Florida but live in another State, where should I get a lawyer?

A lawyer admitted to practice in Florida should be the person handling your case.

Florida law prohibits out of state lawyers from practicing law in Florida unless certain specific requirements are met. Generally, they must associate with a Florida lawyer.

Our office represents many people who live outside of Florida. This is one of the most transient states in the Country. We can easily communicate with you via email, telephone, fax or snail mail. In general, you may not even have to come back to Florida for your case depending on the type of case.

What types of cases are Premises Liability cases?

Premises Liability cases could be a case where you are walking in a parking lot and trip and fall over a pothole or a broken and uneven part of a walkway. It could be where you slip and fall on a substance in a grocery store or superstore, like Publix, Walmart, Winn Dixie or Target. It also refers to negligent security cases where someone is raped, shot or murdered in an apartment complex as a result of inadequate security.

Do I need an attorney to represent me if I am hurt on someone else’s property or can I try and settle the case on my own?

You are not required to ever hire an attorney. The benefit though is that you are hiring someone with experience in this specialized field, someone who understands the system and who analyzes settlements and verdicts as part of their career. As attorneys, we fight for our client’s rights and to maximize their settlement value on their cases. We try to gather all of the facts to present to the attorneys for the cruise companies and to fight for compensation for our clients.

How do you get paid? Do I have to pay you anything up front or out of pocket?

We work on a contingency fee and it does not cost you anything out of pocket for our work on your case. We only get paid if we get something for you for what happened. If for some reason there was no recovery, we waive all fees and costs.