Fort Lauderdale Premises Liability Lawyer
A premises liability case is won by proving that a property owner or operator let a dangerous condition exist, and that the condition is what hurt you. Spencer Morgan Law helps injured people in Broward County make that case, handling slip, trip, and fall claims and other injuries caused by unsafe property, and serving clients across Fort Lauderdale, the Greater Miami area, and the State of Florida. If you need a Fort Lauderdale premises liability lawyer, this is the work we do.
Fort Lauderdale generates these claims in volume. Hotels and condo towers along the beach, restaurants and bars on Las Olas, marinas, supermarkets, shopping centers, apartment complexes, and big parking lots all produce wet floors, broken stairs, poor lighting, uneven walkways, and inadequate security. Who owns the property, who maintained it, and who is responsible for the hazard are the first questions in every one of these cases, and the answers are often less obvious than they look.
Florida law also changed the ground rules in 2023. The filing deadline got shorter, and a plaintiff found mostly at fault can lose the whole claim. Both rules shape how a premises case should be built from day one.
Where Fort Lauderdale Premises Claims Come From
Premises liability is not one type of accident. It is a theory of responsibility that attaches to many kinds of injuries, and the evidence differs depending on what happened.
In a typical fall case, the question is what the owner knew or should have known. Did a worker see the spill and walk past it? Was the hazard there long enough that a reasonable inspection would have found it? Does the store have cleaning logs, camera footage, or incident reports that show how it handled the risk? Those records are what separate a strong claim from a weak one, and they are the first things to disappear if nobody asks for them.
Other cases turn on different proof. A broken stair rail points to maintenance records and repair requests. A parking lot trip may involve the lot’s owner, a management company, and a tenant who each assume the other was responsible. Construction near an apartment complex raises questions about who controlled the work area and who was supposed to warn residents.
Why Choose Spencer Morgan Law for a Fort Lauderdale Premises Case
People come to Spencer Morgan Law after falling in a store, a restaurant lot, an apartment complex, or a shopping center and discovering that the property’s insurer is already building a defense. Consultations are confidential, and you do not pay unless the firm recovers.
Fall and slip cases are a core part of the firm’s record. Results include an $850,000 slip and fall settlement, a $485,000 settlement for a fall at an apartment complex where construction was underway, and a $225,000 settlement for a trip and fall in a restaurant parking lot. The firm also recovered $89,750 against a major mall and $50,000 for a child who fell through a faulty railing. Those numbers matter because they show the firm takes both large cases and modest ones seriously, and takes on property owners with real legal resources.
Clients consistently describe the same experience: frequent updates, calls returned, and questions answered. One client wrote that Mr. Morgan negotiated well in her favor, and another said every step of the case was explained clearly. The firm also helps with the practical fallout of an injury, including getting medical care arranged and making sure medical bills are resolved fairly. Spanish-language services are available.
What to Do After Getting Hurt on Someone Else’s Property
Get medical care first, and tell the provider exactly how you were hurt. Your treatment record is the earliest proof that the injury came from the fall and not from something else. Gaps in treatment give an insurer room to argue the injury was minor or unrelated.
Report the incident to the property owner or manager before you leave, and ask that it be written down. Do not give a recorded statement to the property’s insurer, and do not guess about what caused the fall or whether you were careful. Photograph the hazard, the surrounding area, the lighting, and your footwear. Write down the names of any witnesses and employees. If there are cameras, assume the footage can be overwritten quickly and have a lawyer request preservation right away.
Keep the shoes and clothing you wore. Keep every bill and every record of missed work. Stay off social media, because photos and posts get used to dispute the severity of an injury.
Timing matters more than it used to. For negligence claims that accrue on or after March 24, 2023, the general filing period is two years; claims that accrued earlier generally keep the older four-year window. If a government entity owns the property, such as a county building, a public park, or a city-run facility, the rules change substantially. A written claim must be presented, the agency generally has 180 days to respond before suit, and recovery is capped at $200,000 per person and $300,000 per incident unless the Legislature passes a claim bill.
Premises cases arising in Fort Lauderdale are heard in the Seventeenth Judicial Circuit, which is Broward County. Larger claims go to circuit court, and appeals go to the Fourth District Court of Appeal.
Fault, Security, and Medical Bills: Where Premises Cases Get Contested
Florida now follows a stricter fault rule. If a jury finds you more than 50 percent responsible for your own injury, you recover nothing in most negligence cases. Below that line, your award shrinks by your share. Insurers know this, so expect them to argue you were distracted, wore the wrong shoes, or ignored an obvious warning. Evidence of the hazard’s visibility, lighting, and how long it existed is what holds that argument back.
Negligent security cases carry their own rules. When someone is attacked on a property, the criminal is assigned a share of fault along with the owner. Apartment owners with five or more units on one parcel can gain a presumption against liability if they substantially carry out required security measures, and they carry the burden of showing they did. Convenience businesses can gain a similar presumption by following statutory security requirements, though strong evidence can overcome it.
Alcohol-related injuries at bars and restaurants are narrower than people expect. A licensed seller is generally not liable for a customer’s intoxication, with exceptions for knowingly serving someone underage or someone known to be habitually addicted. Social hosts are not covered by that law at all.
How medical bills are presented to a jury also matters. If treatment was provided under a letter of protection, you must disclose it and certain related details, including who referred you for the treatment. Where you have health insurance, evidence of what that coverage was obligated to pay can come into the case. Getting this right early prevents surprises late in the case.
Common Premises Liability Situations in Fort Lauderdale
- Slip and Fall in Stores and Supermarkets: Spills, wet entryways during rainy season, and unattended produce or freezer leaks. Cleaning logs and surveillance video often decide these cases.
- Trip and Fall in Parking Lots and Walkways: Cracked pavement, missing wheel stops, potholes, and poor lighting at restaurants, shopping centers, and marinas.
- Stairway and Railing Failures: Loose handrails, worn treads, and defective guardrails in apartments, hotels, and condo buildings.
- Negligent Security: Assaults and robberies tied to broken gates, dark common areas, missing cameras, or lack of patrols at apartment complexes and businesses.
- Hotel, Resort, and Pool Area Injuries: Slick pool decks, unsafe lounge areas, and hazardous conditions at beachfront properties.
- Construction and Renovation Hazards: Debris, open work areas, and blocked exits at buildings undergoing repairs while still occupied.
- Falling Objects and Defective Fixtures: Shelving, signs, carts, and other items that strike customers or guests.
- Injuries on Government Property: Falls in public buildings or parks, which follow separate notice rules and damage caps.
Frequently Asked Questions About Fort Lauderdale Premises Liability Claims
What is premises liability?
It is the area of law that makes property owners and operators responsible when unsafe conditions on their property injure someone lawfully there. The claim rests on negligence: the owner failed to fix a hazard, or failed to warn about it.
How long do I have to file a premises liability claim in Florida?
Negligence claims that accrued on or after March 24, 2023 must generally be filed within two years. Earlier claims generally keep four years. Wrongful death claims have their own two-year period. Do not wait to find out which rule applies to you.
Do I have to prove the owner knew about the hazard?
Usually you must show the owner knew or reasonably should have known. Evidence that the condition existed long enough to be discovered, or that it came up repeatedly, can establish that. Inspection practices and past complaints are often central.
What if I was partly responsible for my fall?
Fault is divided by percentage. If you are found more than half responsible, you recover nothing. At 50 percent or less, the award is cut by your share, which is why evidence about visibility, lighting, and warnings carries weight.
Who can be held responsible besides the property owner?
Property managers, tenants, maintenance contractors, security companies, and construction firms can all share responsibility depending on who controlled the area. Florida assigns each party only its own percentage of fault, so identifying every responsible party matters.
Is my health insurance going to matter in the case?
It can. Where you have coverage, the amounts it is obligated to pay can become evidence of the value of past medical care. How your treatment is billed also affects what a jury hears.
What is a letter of protection and will it hurt my case?
It is an arrangement where a provider treats you in exchange for payment from a settlement or judgment. You must disclose it and related details in a lawsuit. It is not automatically harmful, but it must be handled carefully.
Can I bring a claim if I was attacked at an apartment complex or business?
Possibly. Negligent security claims depend on whether the owner took reasonable security steps and whether the attack was foreseeable. Owners may gain a legal presumption by following statutory requirements, and fault is shared with the attacker.
Is it worth hiring a lawyer for a smaller injury?
Often yes. Property insurers routinely dispute fall claims regardless of size, and evidence like video can vanish quickly. The firm has handled cases across a wide range of values, and you pay nothing unless there is a recovery.
What if I fell at a government-owned property?
Different rules apply. A written claim must be presented, the agency generally has 180 days to respond before suit, and recovery is capped at $200,000 per person and $300,000 per incident absent a legislative claim bill. No punitive damages are available.
Can I sue a bar that served alcohol to the person who injured me?
Only in narrow situations. Licensed sellers are generally protected unless they knowingly served a minor or a habitual alcoholic, and social hosts are not covered by the statute.
What compensation can a premises liability claim include?
Medical expenses, lost income, and pain and suffering are the core categories. The firm also helps clients get needed medical care arranged and works to see medical bills resolved fairly.
Serving Fort Lauderdale and Broward County Premises Liability Clients
Our work starts in Fort Lauderdale and reaches across Broward County. We represent injured people from downtown Fort Lauderdale, Las Olas, Victoria Park, Rio Vista, Coral Ridge, and the beach areas, and from Wilton Manors, Oakland Park, Lauderdale-by-the-Sea, and Pompano Beach. Clients also come to us from Hollywood, Hallandale Beach, Dania Beach, Davie, Plantation, Sunrise, Tamarac, Lauderhill, Coral Springs, Parkland, Deerfield Beach, and Pembroke Pines.
The firm also serves the Greater Miami area and the State of Florida, so a fall at a Miami shopping center or a hotel anywhere in the region is within reach. Wherever the hazard was, the same work applies: find who controlled the property, preserve the evidence, and press the claim.
Talk to a Fort Lauderdale Premises Liability Attorney
If a fall or unsafe property left you hurt, a Fort Lauderdale premises liability attorney at Spencer Morgan Law can review what happened, explain which deadlines apply, and tell you honestly what the claim looks like. Consultations are confidential, and you owe nothing unless we recover for you. Call today to schedule yours, and Spanish-language services are available.
