Hialeah Premises Liability Attorney

Specializing in representing individuals harmed due to unsafe or hazardous premises in Hialeah, Florida, our Hialeah premises liability lawyers possesses an intricate understanding of Florida’s liability laws in relation to business owners and residents.

For those who have suffered slips and falls, elevator accidents, dog bites, or other premises related incidents in Hialeah, our dedicated legal team is committed to securing the compensation and justice you rightfully deserve. We approach each case meticulously, leaving no stone unturned in our quest to hold negligent parties accountable for their actions.

From the dizzying heights of elevator malfunctions to the treacherous terrain of slippery surfaces, we understand the complexities of these cases. Our mission is clear: to advocate for our clients’ rights and provide unwavering support during their time of need. We navigate the legal intricacies with skill and determination, allowing you to focus on healing and rebuilding your life.

If you find yourself in the aftermath of a premises liability incident, unsure of where to turn, remember that Schilling & Silvers Property and Accident Attorneys is here for you. Let our premises liability attorneys in Hialeah, Florida, stand by your side, fighting tirelessly to ensure that justice is served. Your safety matters, your rights matter, and we are here to protect them every step of the way. Together, we can pave the path towards a safer and more secure future for all.

What Exactly is a Premises Liability Claim and How Do I Know If I Have a Case?

At its core, a premises liability claim arises when someone gets injured due to an unsafe condition on someone else’s property. Think of it as a legal way of holding property owners accountable for keeping their spaces safe. Whether it’s a slip and fall, an elevator malfunction, or a dog bite, these cases often revolve around negligence.

But here’s the catch: just because you got hurt on someone’s property doesn’t automatically mean they were negligent. To build a successful case, certain factors need to be proven:

  • The property owner didn’t use reasonable care in maintaining their property.
  • They knew or should have known about the unsafe conditions.
  • They didn’t take proper steps to fix the problem.
  • Their negligence directly caused the dangerous conditions.
  • They were aware of the potential for criminal activities on their property and didn’t take adequate security measures.
  • A reasonable person would have noticed the issue and taken action.

Do you have a claim? For immediate legal assistance from a Hialeah premises liability lawyer contact our law firm today. We offer free consultations and are happy to answer any questions you may have.

Common Locations Where Premises Liability Accidents Occur In Hialeah, Florida

Picture this: you’re running errands, picking up groceries at the local store, or maybe grabbing a bite to eat at a cozy restaurant. Amid these everyday activities, an accident can catch you off guard.

This is particularly true in Hialeah, Florida, where unsuspecting individuals find themselves facing injuries due to unsafe conditions in various places. Let’s explore some of these common locations where mishaps can occur.

Hotels and Resorts

Whether you’re enjoying a weekend getaway or staying for business, hotels, and resorts can be hotspots for potential hazards. From slippery floors in lobbies to poorly maintained walkways, these environments pose risks to guests and visitors alike.

Parking Lots

Navigating through bustling parking lots can sometimes feel like a game of chance. Uneven surfaces, potholes, and inadequate lighting can create dangerous situations for pedestrians and drivers alike.

Construction Sites

With the cityscape constantly evolving, construction sites dot the Hialeah landscape. These areas, while essential for growth, can harbor numerous risks, from falling debris to unsecured equipment.

Shopping Malls and Grocery Stores

Retail therapy or picking up essentials shouldn’t come with the risk of injury. Yet, poorly maintained aisles, wet floors, and cluttered walkways can turn routine shopping trips into potential accident scenes.

Public Swimming Pools

In a city known for its warm weather, public swimming pools offer a refreshing escape. However, without proper maintenance and supervision, these areas can become breeding grounds for slips, falls, and other aquatic mishaps.

The Workplace

Whether you’re clocking in at an office building, a small business, or a bustling restaurant, the workplace can harbor its fair share of dangers. From faulty equipment to unsafe working conditions, employees deserve a safe environment.

Staircases and Elevators

Often overlooked yet crucial to daily mobility, staircases, and elevators can become accident zones if not properly maintained. Loose handrails, malfunctioning elevators, and slippery steps can lead to serious injuries.

Public Spaces

From local parks to community centers, public spaces are meant for enjoyment and relaxation. However, neglect in upkeep can turn these areas into danger zones, especially for unsuspecting visitors.

Bars and Restaurants

Enjoying a night out with friends or a cozy dinner date should be a pleasant experience. Unfortunately, poorly lit walkways, spilled drinks, and cluttered dining areas can result in slips and falls.


Even the sanctuary of one’s home isn’t immune to accidents. Whether due to faulty fixtures, hazardous conditions, or neglected maintenance, injuries can occur where we least expect them.

In each of these locations, the potential for accidents looms large. As skilled Hialeah premises liability attorneys, our goal at Schilling & Silvers Property and Accident Attorneys is to ensure that victims of these incidents receive the justice and compensation they rightfully deserve.

What Are Florida’s Premises Liability Laws and Who Can Be Held Responsible?

When you step onto someone else’s property, whether it’s a cozy restaurant, a bustling mall, or a serene park, you expect to be safe from harm. However, accidents happen, and when they do, it’s crucial to understand your rights under Hialeah’s premises liability laws. As  experienced premises liability lawyers in Hialeah, Florida, let’s delve into the types of accidents covered by these laws and who can be held responsible.

What is Premises Liability Law?

Premises liability law revolves around the legal principles that hold property owners, tenants, or legal occupants accountable when someone is injured on their property due to a hazardous condition. The law mandates that property owners take reasonable steps to maintain a safe environment for visitors, based on the visitors’ status.

Responsibilities of Property Owners in Hialeah

To meet their legal duties, property owners, tenants, or occupants may need to:

  • Fix hazardous conditions
  • Perform routine maintenance and inspections
  • Block access to dangerous areas
  • Install security systems
  • Warn visitors of known hazards

Who Can Be Held Responsible?

In a premises liability incident, responsibility falls on various parties based on the circumstances:

  1. Property Owners: Typically, property owners are responsible for accidents on their premises. They must maintain safe conditions and address any hazards promptly.
  2. Tenants: If a property is leased, the tenant may also bear responsibility depending on the lease terms.
  3. Contractors: Those hired to maintain the property can be liable if their negligence leads to accidents.
  4. Security Companies: If a security company’s failure to maintain safety contributes to an incident, they may also be held accountable.

For immediate legal assistance or to learn more about your rights contact our premises liability attorneys in Hialeah, Florida, today. Our legal team never too busy to speak with you and answer your questions.

What Are Florida's Premises Liablity Laws Involving Children?

In the realm of premises liability law, special considerations are made to safeguard the safety of children. In Hialeah, property owners are held to a heightened duty of care when it comes to protecting children from potential hazards on their premises. 

The Duty to Protect Children

Children, by nature, are naturally curious and may not fully grasp the dangers present on a property. This makes it crucial for property owners to anticipate and mitigate any potential hazards that might attract children. Common examples include swimming pools, playgrounds, abandoned appliances, or machinery.

Attractive Nuisances

Under Florida law, the concept of “Attractive Nuisances” acknowledges that certain features of a property may allure children, even if they are technically trespassing. Property owners are required to:

  • Recognize potential hazards that might attract children
  • Take steps to secure or eliminate these hazards
  • Install proper fencing, warning signs, or barriers to deter child trespassers
  • Regularly inspect the property for any dangers that could pose a risk to children

Duty of Convenience Businesses

In the case of convenience businesses in Hialeah, specific legal obligations are in place to ensure the safety of young patrons. According to Florida law, convenience store owners must:

  • Provide proper training to employees to prevent crime and maintain a safe environment
  • Install security cameras and maintain well-lit parking lots
  • Limit the amount of cash on hand, especially during evening hours when crimes are more likely to occur

Holding Owners Accountable

If a child is injured on a property due to an attractive nuisance or lack of safety measures, the property owner can be held liable for negligence. This includes failing to secure hazardous areas, leaving dangerous equipment accessible, or neglecting to maintain a safe environment for young visitors.

What Is Meant by “Duty of Care” in a Hialeah Premises Liabilty Lawsuit?

As it relates to personal injury law, duty of care means that an individual has a legal obligation to behave in a manner that reasonably ensures the safety or well-being of others.

Businesses and homeowners must keep their premises free and clear of any defects or hazards that pose a threat to those who may visit their property and exercise reasonable care to protect them from harm. Otherwise, they may find themselves having to respond to a lawsuit by a Hialeah personal injury attorney who is representing someone injured on their property. 

To determine the specific duty of care a property owner owes under Florida’s premises liability law and how much legal responsibility they have, visitors are grouped into 3 categories:

  1. Trespassers – people who enter the property illegally or without the property owner’s consent. A property owner may not be held responsible for the injuries sustained by a person who was on their property illegally or without consent.
  2. Licensees – people, such as houseguests, who enter the property with the property owner’s consent, but for their own convenience or purposes. If the homeowner has knowledge of a hazardous condition in their home and does not to warn the visitor, they may be held legally responsible for any injuries the person suffers as a result.
  3. Invitees – people, like customers in a department store or patrons in a restaurant, who have been invited to enter into the property to transact business with the property owner or for shared interests. Businesses have a legal duty to keep their premises safe, protect their customers, and to prevent injuries from occurring

What Compensation Can I Receive For A Premises Liability Claim?

Victims of premises liability accidents can receive monetary compensation to cover the expenses that arise from the accident and more, including:

  • The cost of past and future medical care
  • Past and future lost wages
  • Compensation for damage to property
  • Pain and suffering

Always seek the assistance of a skilled Hialeah premises liability lawyer if you intend to sue the property owner or negotiate a payout with the insurance company.

What Are Some Examples of Premises Liability Claims?

Slip and Fall Accidents

Among the most prevalent types of premises liability claims are slip and fall accidents. These incidents often occur in commercial settings such as shopping malls, grocery stores, and public swimming pools across Hialeah. Florida Statutes 768-0755 outline the responsibilities of property owners regarding these accidents. For instance, a fall on a poorly maintained staircase due to a loose handrail can result in severe injuries and potential legal claims.

Dog Bites and Attacks:

Florida law is clear on holding dog owners responsible for bites and attacks caused by their pets. This includes instances where children, postal workers, or unsuspecting visitors fall victim. Statistics specific to Florida highlight the seriousness of these incidents:

  • Children between 1 and 9 years old are at the highest risk for dog bites.
  • Each year, an average of 2 Floridians die from injuries due to dog bites.
  • Postal workers are also frequent victims of dog bites, facing hazards while delivering mail.
  • Florida Statute § 767.01 lays out the liability of dog owners, emphasizing the importance of proper training and control of pets. For example, a child encountering an unrestrained dog on someone else’s property can lead to life-altering injuries.

Swimming Pool Accidents

The allure of Hialeah’s public swimming pools provides a refreshing escape for both residents and visitors. However, amid the relaxation and recreation lies a potential for accidents, ranging from slips and falls to tragic drownings. With Florida’s abundant waterways, lakes, and coastal regions bordering the Gulf of Mexico and the Atlantic Ocean, water safety is paramount for all.

Florida Drowning Statistics:

  • In 2020, Florida ranked 5th in the U.S. for unintentional drowning deaths, with an age-adjusted rate of 2.2 per 100,000 population (CDC national injury data).
  • Among children aged 1 to 4 years, Florida held the highest rate of unintentional drowning deaths from 2018 to 2020, with 6.24 per 100,000 population.
  • Annually, heartbreaking statistics reveal that enough children under 5 years old are lost to drowning incidents to fill three or four preschool classrooms (Florida CHARTS). The tragic part of this is that so many accidents involving drowning in Florida are preventable!

Elevators and Escalator Accidents

Elevators and escalators are vital components of modern buildings, providing convenient access to different floors for countless individuals every day. However, when these mechanisms malfunction or are inadequately maintained, they can quickly become hazardous and result in severe injuries.

Elevator accidents, such as sudden stops, door malfunctions, or free falls, can lead to a range of injuries from fractures to head trauma. Similarly, escalator incidents, including unexpected stops, clothing or body part entrapment, or broken steps, pose significant risks to individuals.

These accidents are not limited to specific locations; they can happen in various settings such as office buildings, shopping centers, or any other public spaces. At Schilling & Silvers Property and Accident Attorneys, we recognize the complexities surrounding elevator and escalator accident cases.

Accidents at Amusement Parks, Water Parks or Theme Parks

As you explore the thrilling attractions of Hialeah’s Bucky Dent Park, Miami Watersports Complex, and McDonald Water Park, it’s important to be aware of potential risks. Many theme park tickets come with waivers, but these do not eliminate your rights in case of an injury.

Accidents at theme parks can range from minor incidents to severe injuries. Ticket waivers are often included to dissuade claims, but they do not nullify your legal options.

In the event of an injury, seeking guidance from a skilled Hialeah premises liability lawyer can help navigate the legal process. Above all, prioritize safety during your visit to Hialeah’s theme parks, ensuring a memorable and secure experience.

Proving a Premises Liability Claim in Hialeah, Florida

In Florida, when individuals in Hialeah are injured due to slip and fall accidents or encounter unsafe conditions on someone else’s property leading to injuries, they often have grounds for premises liability claims against the property owner or manager. These claims, a type of personal injury action, require specific elements to be proven under Florida law.

Elements of a Hialeah Premises Liability Claim

Premises liability claims fall under negligence law in Florida, necessitating proof of the following elements:

  1. Duty of Care: The property owner or manager owed a duty of care to the visitor.
  2. Breach of Duty: The property owner or manager breached this duty of care.
  3. Causation: The breach directly caused the injuries suffered by the visitor.
  4. Damages: Actual damages, such as physical or economic harm, resulted from the breach.

Duty of Care Classifications

Florida law categorizes individuals on a property as invitees, licensees, or trespassers, each with varying levels of owed care:

  • Invitees: Visitors on the property for a business purpose, like customers or clients, are owed the highest duty of care. Property owners must maintain safe premises and warn about known hazards.
  • Licensees: Those with permission for social reasons, such as house guests, receive a lower duty of care. Owners must address dangers they are aware of and warn about.
  • Trespassers: Individuals without permission have the lowest owed duty of care, with owners needing to prevent reckless harm.

Establishing Breach of Duty

  • For invitees, evidence like policy manuals, surveillance footage, and employee testimonies can reveal breaches in safety practices.
  • Licensees can demonstrate breach through photos of hazards and testimonies about known dangers.
  • Trespassers may show intentional or concealed hazards through testimonies and photographs.

Proving Causation and Damages

  • Testimonies, eyewitness accounts, surveillance footage, and medical records can establish the link between the hazard and the injuries.
  • Evidence such as photographs, medical records, bills, and missed work statements can demonstrate the extent of physical harm and economic losses.

Experienced Premises Liability Lawyers in Hialeah, Florida

With years of dedicated service as premier premises liability lawyers in Hialeah, Florida, Schilling & Silvers Property and Accident Attorneys have amassed a wealth of experience and a proven track record of success in handling a wide range of premises liability cases. Our unwavering commitment to protecting the rights of our clients, coupled with our in-depth knowledge of Florida’s premises liability laws, allows us to provide exceptional legal representation.

If you have been injured due to unsafe conditions on someone else’s property, you can trust our legal team to advocate fiercely on your behalf, striving for the justice and compensation you deserve. Contact us today for a consultation and let us help you navigate the legal complexities with skill and compassion.

Looking for a Hialeah premises liability lawyer near me? Our legal team serves Hialeah, Fort Lauderdale, Pompano Beach, Miami-Lakes, and more.