Premises Liability

Miami Liability Attorney – Holding Negligent Property Owners Accountable

Premises liability holds property owners and occupiers responsible for accidents and injuries that occur on their property. Property owners must maintain safe conditions for guests, visitors, and business invitees. When they fail to do so, serious injuries can occur. At Holzberg Legal, we have been protecting the rights of injured victims for over 40 years, ensuring that property owners are held accountable when their negligence causes harm.

📞 Call Holzberg Legal at (305) 668-6410 for a FREE Consultation.

Understanding Premises Liability – Who Is Responsible?

Under Florida law, property owners, landlords, and business operators have a duty of care to maintain their premises in a reasonably safe condition. This includes:

✔ Regular Inspections – Identifying potential hazards before they cause harm.
✔ Repairs & Maintenance – Addressing unsafe conditions promptly.
✔ Clear Warnings – Informing guests of existing dangers when immediate repair isn’t possible.

To prove negligence, we must show that the property owner knew or should have known about a dangerous condition, failed to fix it or warn visitors, and that this hazard directly caused the injury.

Common examples of premises liability cases include:

✔ Slips, Trips & Falls – Wet floors, unmarked hazards, and poor maintenance.
✔ Unsafe Stairways & Walkways – Uneven surfaces, broken handrails, and defective ramps.
✔ Negligent Security – Failure to provide adequate lighting, cameras, or security personnel in high-risk areas.
✔ Faulty Elevators & Escalators – Malfunctions that result in falls or crush injuries.
✔ Hotel & Resort Accidents – Defective balconies, unsafe pool areas, or lack of proper safety measures.
✔ Short-Term Rental Injuries (Airbnb/VRBO) – Accidents occurring in vacation rental properties due to owner negligence.
✔ Restaurant & Bar Liability – Over-serving alcohol leading to DUI accidents or injuries.
✔ Dram Shop Liability – Establishments over-serving alcohol to visibly intoxicated patrons who later cause injury.

Types of Premises Liability Claims

Premises liability claims fall into several categories, including:

🏢 General Premises Claims – Injuries in malls, grocery stores, big-box retailers, apartment buildings, and other commercial properties.
🏡 Homeowner Claims – Injuries occurring at private residences, often covered by homeowner’s insurance.
🏠 Short-Term Rental Claims (Airbnb/VRBO) – Injuries at vacation rental properties where hosts or rental platforms may be liable.
🌎 Foreign Premises & Resort Claims – Injuries occurring at hotels, resorts, and vacation properties outside the U.S.

Our practice focuses on injuries to guests and invitees rather than employees, as workplace injuries typically fall under Florida Workers’ Compensation laws.

Short-Term Rental & Resort Liability – What You Need to Know

Short-Term Rental (Airbnb/VRBO) Liability

Many vacation rental platforms, such as Airbnb and VRBO, offer liability coverage to hosts and guests. However, these policies have exclusions and coverage limits that may impact a claim. Liability may fall on:

✔ The Property Owner (Host) – If the injury was due to unsafe conditions, failure to warn, or lack of maintenance.
✔ The Rental Platform (Airbnb/VRBO) – If negligence in their vetting process, policies, or insurance contributed to the injury.
✔ Third-Party Service Providers – Such as cleaning companies, property managers, or contractors hired to maintain the property.

🔍 Key Considerations:

• Airbnb’s Host Protection Insurance can provide up to $1 million in liability coverage, but it does not cover all accidents.
• Some rental agreements contain arbitration clauses that may affect how a claim is pursued.
• Identifying the property owner’s personal insurance is essential if Airbnb/VRBO denies coverage.

If you were injured at a short-term rental, we investigate all available coverage to maximize your compensation.

Foreign Premises & Resort Claims

Injuries at international resorts, hotels, or vacation properties present unique legal challenges. Common incidents include:

✔ Slip & Fall Accidents – Pool decks, uneven walkways, or poorly maintained floors.
✔ Resort Security Failures – Assaults or robberies due to inadequate security.
✔ Defective Hotel Facilities – Unsafe balconies, elevators, or gym equipment.
✔ Excursion Injuries – Accidents during resort-sponsored activities such as boating, zip-lining, or scuba diving.

🚨 Challenges in Foreign Premises Claims:

• Jurisdiction Issues: Many resorts have contracts requiring claims to be filed in the country where the injury occurred.
• Foreign Laws and Liability Caps: Some countries have laws limiting how much an injured guest can recover.
• Forum Selection Clauses: Certain hotel chains require claims to be litigated outside the U.S., even if they have U.S.-based booking offices.

🔍 How We Handle Foreign Resort Cases:

• We identify U.S. connections (e.g., U.S.-based ownership, management, or booking agents) to establish jurisdiction in the U.S.
• We analyze booking agreements, waivers, and terms of service for hidden legal clauses.
• We work with local attorneys in foreign jurisdictions if necessary.

If you were injured at an international resort, we evaluate whether your claim can be filed in the U.S. or requires international legal action.

Florida’s Premises Liability Statute of Limitations

⏳ General Premises Liability Claims: 2 Years from the date of injury.
⏳ Homeowner & Short-Term Rental Claims: Policies may have shorter notification deadlines.
⏳ Foreign Premises Claims: Varies by country; we investigate applicable laws.

If you wait too long, you may lose your right to seek compensation. Contact us immediately to protect your case.

What Compensation Can You Recover?

If you were injured due to a property owner’s negligence, you may be entitled to recover damages, including:

💰 Medical Expenses – Past, present, and future treatment costs.
💰 Lost Wages & Reduced Earning Capacity – Compensation for time away from work and diminished future income.
💰 Pain & Suffering – Compensation for physical pain, emotional distress, and trauma.
💰 Disfigurement & Permanent Injury – Scarring, mobility loss, or permanent disabilities.
💰 Loss of Enjoyment of Life – Impact on daily activities and quality of life.
💰 Wrongful Death Damages – Funeral expenses and loss of companionship for grieving families.

At Holzberg Legal, we fight aggressively to ensure you receive full compensation for your injuries and losses.

📞 Call Holzberg Legal at (305) 668-6410 for a FREE Consultation.