Experienced Boca Raton Premises Liability Attorneys
Property owners and businesses in Florida have a legal obligation to maintain safe premises for visitors, customers, and guests. When they fail to address hazardous conditions, the consequences can be devastating. Slip and fall accidents, trip and fall injuries, and other premises liability incidents cause thousands of serious injuries across South Florida every year.
At Roselli & McNelis, our trial attorneys have represented victims of premises liability accidents for over five decades. We understand the legal complexities involved in proving that a property owner knew about or should have known about a dangerous condition and failed to correct it. Our thorough investigation and aggressive litigation approach help our clients recover the full compensation they deserve.
Types of Premises Liability Cases We Handle
Premises liability encompasses a broad range of accidents caused by dangerous conditions on someone else's property. Our attorneys have extensive experience with:
- Slip and Fall Accidents: Wet floors, freshly mopped surfaces, spilled liquids, waxed tiles, and icy walkways are among the most common causes of slip and fall injuries in stores, restaurants, hotels, and other commercial properties.
- Trip and Fall Accidents: Uneven sidewalks, broken stairs, torn carpeting, loose floorboards, unmarked changes in elevation, and poorly maintained walkways can all cause serious trip and fall injuries.
- Inadequate Security: When property owners fail to provide reasonable security measures such as proper lighting, security cameras, or personnel, visitors may become victims of assault, robbery, or other violent crimes.
- Swimming Pool Accidents: Drownings and near-drownings caused by missing pool fencing, broken gates, lack of safety equipment, or inadequate supervision are tragically common in South Florida.
- Elevator and Escalator Accidents: Malfunctioning elevators and escalators in commercial buildings, shopping centers, and apartment complexes can cause serious injuries including falls, entrapment, and crush injuries.
- Falling Objects: Improperly stacked merchandise, unsecured shelving, and construction debris falling from overhead can cause head injuries, broken bones, and other serious harm.
- Parking Lot Accidents: Potholes, inadequate lighting, missing handrails, and poorly designed traffic patterns in parking garages and lots create dangerous conditions for pedestrians.
Proving a Premises Liability Claim in Florida
Florida premises liability law requires injured victims to prove several key elements to recover compensation. Understanding these requirements is crucial:
- Duty of Care: The property owner owed you a duty of care based on your legal status as an invitee (customer, guest), licensee (social visitor), or trespasser. Business invitees are owed the highest duty of care.
- Knowledge of the Hazard: Under Florida Statute 768.0755, you must prove that the property owner or business knew about the dangerous condition, or should have known about it through reasonable inspection and maintenance practices.
- Failure to Correct or Warn: Despite knowing about the hazard, the property owner failed to repair it, remove it, or provide adequate warning to visitors about the danger.
- Causation: The dangerous condition directly caused your accident and resulting injuries. Medical records, incident reports, and expert testimony help establish this link.
Common Locations for Premises Liability Accidents
Premises liability accidents can occur on virtually any type of property. In our experience, the most common locations include:
- Grocery Stores and Supermarkets: Spilled produce, wet floors from refrigerator leaks, and fallen merchandise make grocery stores one of the most common locations for slip and fall accidents.
- Shopping Malls and Retail Stores: Cluttered aisles, wet entrances, broken escalators, and falling display merchandise create hazards for shoppers throughout Florida, Texas and the United States.
- Hotels and Resorts: Slippery pool decks, poorly maintained staircases, wet lobby floors, and defective room fixtures cause injuries to tourists and business travelers.
- Restaurants and Bars: Spilled food and drinks, greasy kitchen floors, poorly lit walkways, and uneven outdoor dining surfaces are common hazards in dining establishments.
- Apartment Complexes and Condominiums: Broken stairway handrails, unlit hallways, crumbling walkways, and unsecured common areas put residents and visitors at risk.
- Office Buildings: Wet entryways, worn carpeting, malfunctioning elevators, and cluttered emergency exits can cause injuries to employees, clients, and visitors.
Damages Available in Premises Liability Cases
If you have been injured due to a dangerous condition on someone else's property, you may be entitled to recover compensation for:
- Medical Expenses: Emergency treatment, hospitalization, surgery, physical therapy, chiropractic care, prescription medications, and all future medical costs related to your injuries.
- Lost Wages: Income lost while recovering from your injuries, as well as diminished future earning capacity if your injuries are permanent.
- Pain and Suffering: Physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and the overall impact your injuries have on your daily activities and relationships.
- Permanent Disability: If your injuries result in long-term or permanent limitations, you may recover additional damages for the ongoing impact on your quality of life.
- Wrongful Death: When premises liability accidents result in death, surviving family members may pursue wrongful death claims for funeral expenses, loss of support, and loss of companionship.
Why Choose Roselli & McNelis for Your Premises Liability Case?
Premises liability cases often require extensive investigation and expert testimony to prove that a property owner was negligent. Insurance companies routinely deny or minimize these claims. Here is why injured victims throughout Florida, Texas and the United States choose our firm:
- Civil Trial Lawyers: Our attorneys are among the top 1% of Florida lawyers certified by the Florida Bar in Civil Trial Law, demonstrating the highest level of courtroom competence.
- Thorough Investigation: We act quickly to preserve surveillance footage, inspect the accident scene, photograph hazardous conditions, and identify witnesses before critical evidence disappears.
- Expert Resources: We work with engineers, safety experts, and medical professionals to build compelling cases that prove property owner negligence and the full extent of your injuries.
- No Fee Unless We Win: We handle all premises liability cases on a contingency fee basis. You owe nothing unless we recover compensation for you.
Frequently Asked Questions
Under Florida law (Statute 768.0755), you must prove that the property owner or business had actual or constructive knowledge of the dangerous condition that caused your fall. This means showing that they either knew about the hazard and failed to fix it, or that the condition existed long enough that they should have discovered it through reasonable inspection. Evidence such as surveillance video, maintenance logs, incident reports, and witness testimony is critical. Our attorneys know how to gather and preserve this evidence to build a strong case.
Florida follows a comparative negligence system, which means you can still recover damages even if you were partially at fault for your accident. For example, if you were texting while walking and slipped on a wet floor with no warning signs, the jury might find you 20% at fault. In that case, your compensation would be reduced by 20%, but you would still recover 80% of your total damages. Our attorneys work to minimize any fault attributed to you and maximize your recovery.
In Florida, the statute of limitations for premises liability claims is generally four years from the date of the accident. However, it is critical to act quickly because evidence in these cases can disappear fast. Surveillance footage is often overwritten within days or weeks, and the property owner may repair the hazardous condition before it can be documented. Contact Roselli & McNelis as soon as possible after your accident so we can take immediate steps to preserve evidence and protect your rights.