Premises Liability
Slip-and-fall, trip-and-fall, and negligent maintenance claims.
Key Issues
- Actual vs. constructive notice of the dangerous condition.
- Adequacy of inspection and maintenance protocols.
- Comparative fault analysis under § 768.81.
- Spoliation of surveillance footage and incident records.
- Expert analysis: engineering, safety standards, biomechanics.
Premises liability claims in Florida require careful analysis of the property owner's actual or constructive knowledge of the dangerous condition, the adequacy of any corrective measures taken, and the comparative fault of the claimant. Post-HB 837, modified comparative negligence under § 768.81 means that a plaintiff found more than 50% at fault is barred from recovery, a threshold that demands aggressive fact development from the outset. The firm handles claims against commercial property owners, retail operators, restaurant and hospitality groups, residential landlords, and property management companies. Investigation focuses on incident reports, surveillance footage, maintenance logs, prior notice evidence, and expert analysis of the condition at issue.