Premises Liability Attorney: Expert Help 2025
Injured on Someone’s Property?
A premises liability attorney helps people injured on someone else’s property due to unsafe conditions or negligent maintenance. These legal professionals handle cases where property owners failed in their duty to keep visitors safe.
What a premises liability attorney does for you:
- Investigates your accident to prove the property owner’s negligence
- Gathers evidence like photos, witness statements, and maintenance records
- Negotiates with insurance companies to secure fair compensation
- Handles all legal paperwork and deadlines
- Takes your case to trial if necessary to get maximum compensation
Property owners have a legal duty to maintain safe conditions. If they fail—through wet floors without warning signs, broken stairs, or inadequate security—and someone gets hurt, they can be held financially responsible.
Without legal representation, recovering compensation is challenging. Pro se cases (representing yourself) are nearly impossible to win against large corporations and business owners with experienced legal teams.
As Thomas W. Carey, a board-certified civil trial lawyer who has handled roughly 40,000 injury matters in Florida, I know how overwhelming these injuries can be. After three decades as a premises liability attorney, I’ve seen how the right legal representation makes the difference between walking away empty-handed and securing the compensation you need to move forward.
Understanding Premises Liability: Your Rights and an Owner’s Duty of Care
If you’re injured on someone else’s property, you likely wonder about your rights. The answer is in premises liability law, a legal principle holding property owners accountable for injuries caused by unsafe conditions.
Property owners and controllers must keep their premises reasonably safe for visitors. This legal responsibility, known as a “duty of care,” applies to everyone from homeowners to large businesses. This duty requires them to maintain safe conditions and warn visitors of known (or findable) dangers. When they fail—by not cleaning a spill or fixing broken stairs—and someone gets hurt, they can be held responsible.
It’s not always just the property owner who can be held liable. Sometimes the party in control of the property, such as a property manager or maintenance crew, bears responsibility if their negligence contributed to your accident.
For a more detailed explanation of these concepts, check out What is Premises Liability?.
Visitor Status and the Duty Owed in Florida
Not all visitors are treated the same under Florida law. The level of care a property owner owes you depends on why you were on their property. Florida recognizes three main categories of visitors, and understanding which one applies to you is crucial for your case.
Invitees receive the highest level of protection. These are people invited for mutual benefit, like customers in a store. The property owner must regularly inspect for hazards, fix dangerous conditions, and warn of potential risks. They have an active duty to find and address problems.
Licensees are people with permission to be on the property for their own benefit, such as social guests. Owners must warn licensees of known dangers that a visitor is unlikely to find. However, they don’t have a duty to inspect for unknown hazards.
Trespassers receive the least protection. These are people who enter property without permission. Generally, owners only have a duty not to intentionally or recklessly harm them. Important exceptions exist, especially for children.
| Visitor Status | Duty of Care Owed (Florida) |
|---|---|
| Invitee | Highest Duty: Owner must inspect the property for hidden dangers, make necessary repairs, and warn of any known or findable hazards. |
| Licensee | Moderate Duty: Owner must warn of known dangerous conditions that the licensee is unlikely to find. No general duty to inspect for unknown dangers. |
| Trespasser | Limited Duty: Owner must not intentionally or willfully cause injury, or injure through gross negligence. (Exceptions exist, particularly for children under the Attractive Nuisance Doctrine, and for situations involving “found trespassers” where a higher duty may apply once their presence is known). |
The “Attractive Nuisance” Doctrine
While property owners usually owe very little to trespassers, Florida recognizes the “attractive nuisance” doctrine. This special rule exists because children don’t always understand danger the way adults do.
This doctrine holds property owners responsible for injuries to child trespassers caused by an artificial condition that is likely to attract children who don’t appreciate the risk. Classic examples include unfenced swimming pools, construction equipment, or abandoned vehicles. The law recognizes that children are naturally curious and may not see dangers that are obvious to adults. Therefore, property owners must take reasonable steps to protect children from foreseeable harm, like fencing pools or securing dangerous equipment.
This doctrine is an important aspect of premises liability law that acknowledges children’s vulnerability. For more detailed information, you can visit Attractive nuisance explained. We also have specific insights about Pool Accidents and how they relate to these cases.
Understanding these legal principles is the first step, but as any experienced premises liability attorney will tell you, the specific facts of your situation will determine how these laws apply.
Common Premises Liability Claims and How to Prove Them
Dangerous property conditions can cause injuries in countless ways. As a premises liability attorney, I’ve seen how a property owner’s negligence can change a life forever.
- Slip and fall accidents are frequent, often happening on wet floors without warning signs, or from broken tiles and uneven surfaces. Learn more at our Slip and Fall Attorney Clearwater FL page.
- Trip and fall incidents are caused by hazards like torn carpeting, cluttered walkways, or potholes, leading to serious injuries.
- Negligent security cases occur when owners fail to provide reasonable safety, such as adequate lighting or working locks, leaving visitors vulnerable to crime.
- Dog bites and animal attacks are another major category. Our Dog Bite Attorney New Port Richey FL team has extensive experience with these complex claims.
- Swimming pool accidents can be devastating. Owners have a serious duty to prevent them through proper fencing, maintenance, and supervision.
- Other common claims involve elevator and escalator malfunctions, falling merchandise, and injuries from poor maintenance or fire hazards.
Proving the Property Owner Was Negligent
Just because you were hurt on someone’s property doesn’t automatically mean they’re responsible. To win, we must prove the owner was negligent by establishing four key elements:
- Duty: The property owner owed you a reasonable duty of care based on your visitor status.
- Breach: The owner breached that duty. We must show they created the hazard, knew about it and did nothing, or should have known about it through reasonable inspection. The “should have known” standard is crucial; if a hazard existed long enough for a responsible owner to find it, they are liable.
- Causation: The owner’s negligence directly caused your injuries.
- Damages: You suffered real losses (medical bills, lost wages, etc.) due to your injuries.
Building a strong case requires solid proof. That’s why we focus on Documenting Evidence in Personal Injury Claims from the start.
What Compensation Can You Recover?
Compensation in premises liability cases is meant to cover your financial and personal losses.
Economic damages cover your financial costs. This includes medical expenses (past and future), lost wages, and diminished future earning capacity. It also covers out-of-pocket costs like transportation to appointments or home modifications.
Non-economic damages address the impact on your quality of life. This includes pain and suffering for physical discomfort, emotional distress for anxiety and fear, and loss of enjoyment of life if you can no longer do activities you once loved. Permanent scarring or disability also warrant compensation.
For more on non-economic damages, read our guide on Compensation for Pain and Suffering in Florida: What You Need to Know. We also handle severe injury cases, including those requiring a Traumatic Brain Injury Attorney Largo FL.
Why You Need an Experienced Premises Liability Attorney
When injured on someone’s property, you face more than just pain and medical bills; you’re up against a legal system that favors property owners and insurers. An experienced premises liability attorney is essential to get the compensation you deserve.
Property owners and their insurance companies have teams of lawyers working to minimize what they pay. Without proper legal representation, you’re at a significant disadvantage. Insurance adjusters use tactics designed to confuse you into accepting far less than your claim is worth. They may record your conversation to use against you or offer a quick, lowball settlement.
Pro se cases—where you represent yourself—are nearly impossible to win against these opponents. We’ve seen too many people walk away with nothing.
Our Board-Certified attorneys are in the top 2% of Florida lawyers. With over 100 years of combined experience, we know how to steer Florida’s premises liability laws to build cases that maximize your compensation. We fight for every dollar you’re owed.
How a Premises Liability Attorney Investigates and Builds Your Case
Building a winning case requires a swift and thorough investigation. Here’s our approach:
- Evidence Gathering: We immediately document the scene, the hazard, and your injuries. We secure incident reports, maintenance logs, and surveillance footage before it disappears.
- Witness Interviews: We quickly interview anyone who saw the accident or the dangerous conditions. Their accounts are crucial, and memories fade.
- Expert Witnesses: We may hire accident reconstructionists, engineers, or medical professionals to provide credible testimony that insurance companies and juries understand.
- Dealing with Insurance Adjusters: Adjusters are trained to pay as little as possible. We handle all communications with them, protecting you from their tactics while we build the strongest possible case.
Our investigation process sets us apart. Learn more at How Attorneys Use Investigations for Your Personal Injury Claim.
Navigating Complex Legal Issues
Premises liability cases have legal challenges that can derail a claim if not handled by an expert.
- Liability Waivers: Many people assume a signed waiver prevents a claim, but that’s not always true. Waivers can be unenforceable if they are too vague, don’t cover the specific danger, or if the injury resulted from gross negligence. We know how to challenge them.
- Employer Liability: Employers can be held responsible for their workers’ negligence, especially in cases involving inadequate training or supervision.
- Florida’s Comparative Negligence Rule: You can still recover compensation even if you were partially at fault. Your damages are simply reduced by your percentage of fault.
- Statute of Limitations: This is a critical deadline. In Florida, you generally have two years from the injury date to file a lawsuit. If you miss it, you lose your right to compensation forever. Contacting an attorney quickly is vital.
These issues require expertise, which is why Why You Need a Personal Injury Lawyer is a must-read.
Frequently Asked Questions about Premises Liability Claims
After an injury on someone else’s property, it’s natural to have questions. Here are answers to some of the most common concerns we hear from clients.
What are the first steps I should take after being injured on someone else’s property?
The actions you take immediately after an accident can make or break your claim. Here’s what to do:
- Seek medical attention immediately. Some injuries, like head trauma, have delayed symptoms. A medical visit creates an official record linking your injuries to the accident, which is crucial evidence.
- Report the incident to the property owner or manager. Insist on an official incident report and get a copy for your records.
- Document everything with your phone. Take photos of the hazard, the surrounding area, and your injuries. This evidence can disappear quickly.
- Get witness contact information. Their testimony can be invaluable if the property owner disputes the facts.
- Do not admit fault or apologize. Innocent comments like “I’m sorry” can be twisted and used against you. Stick to the facts.
- Contact a premises liability attorney before speaking with any insurance companies. Their adjusters are trained to get you to accept low settlements. For a complete guide, see What to do After a Slip and Fall Accident.
Can I still file a claim if I was partially at fault for my accident?
Yes. Many people worry they can’t file a claim if they were partially at fault, but you can still recover compensation even if you contributed to your accident.
Florida follows a pure comparative negligence rule. This means your compensation is simply reduced by your percentage of fault. For example, if your total damages are $100,000, but a jury finds you 25% at fault, you can still recover $75,000. During negotiations, we work to minimize any fault assigned to you by highlighting the property owner’s negligence.
How much does it cost to hire a premises liability attorney?
When you’re facing medical bills and lost wages, you can’t afford another expense. That’s why we work on a contingency fee basis.
This means you pay nothing upfront. We handle your entire case and only get paid if we successfully recover compensation for you. Our fee is a percentage of what we recover, so our interests are completely aligned with yours. If we don’t win your case, you owe us no attorney fees.
Everything is explained transparently in your free consultation. This arrangement allows anyone to access experienced legal representation, regardless of their financial situation. Learn more at How Much Does It Cost to Hire a Personal Injury Attorney?.
Conclusion: Get the Expert Legal Help You Deserve
The aftermath of an injury on someone’s property is overwhelming. With medical bills and insurance companies to handle, you shouldn’t have to steer complex legal issues alone. An experienced premises liability attorney makes all the difference.
Property owners and their insurance companies have legal teams dedicated to minimizing what they pay. Without proper representation, you face an uphill battle. They use your lack of legal knowledge to their advantage.
At Carey Leisure Carney, we level the playing field. Our Board-Certified attorneys are in the top 2% in Florida, with over 100 years of combined experience. We’ve seen every insurance company tactic and know how to counter them.
What sets us apart is our commitment to you. You get direct access to your attorney, not a paralegal. We provide personalized service because we understand how an injury affects your entire life.
Don’t face this alone. Whether you’re dealing with a slip and fall in Clearwater, a dog bite in New Port Richey, or any other premises liability incident in Florida, we’re here to fight for you. We work on a contingency fee basis, so you don’t pay unless we win.
Your focus should be on healing. Let us handle the legal complexities so you can concentrate on your recovery and your family.
Ready to take the next step? Contact a Premises Liability Attorney for a free consultation today. We’ll review your case, explain your options, and help you understand what your claim is worth. You have nothing to lose and everything to gain.