Unsafe Property Injury Lawyer in Miami

This page is about the serious ones: the fall that causes a brain bleed or a broken hip, the assault in a dark parking lot, the pool where a child was hurt. Dennis Gonzalez Law, P.A. handles these cases in English and Spanish, and our office answers 24 hours a day.

What these injuries do to a life

Property cases are often treated as minor. They are not. A fall onto a hard floor can cause a skull fracture or bleeding around the brain. The National Institute of Neurological Disorders and Stroke (NINDS) notes that subdural hematomas, bleeding that presses on the brain, are very common in older adults after a fall. A broken hip in an older person can mean surgery, a rehab stay, and a permanent loss of independence. A violent attack on poorly secured property can leave physical injuries and lasting psychological harm. A pool injury can change a child's life forever.

The kinds of cases we handle

• Slip, trip, and fall on spills, broken flooring, uneven walkways, poorly lit stairs, missing handrails.
• Negligent security: assaults, robberies, and shootings where lighting, locks, gates, cameras, or guards were inadequate.
• Pool and water injuries: missing fences or gates, broken drain covers, no supervision where it was promised.
• Falling objects and structural failures: collapsing balconies, shelving, ceilings, or railings.
• Dangerous conditions in rentals and condos that the owner or association knew about and did not fix.

What the law requires you to prove

Most property cases turn on one question: did the owner know, or should it have known, about the danger?

• Slip-and-falls in a business. If you slip on a substance that does not belong on the floor (a spill, liquid, or debris) in a business, Florida law requires proof that the business had actual or constructive knowledge of the danger and should have fixed it. Constructive knowledge can be shown with circumstantial evidence that the condition was there long enough that the business should have known, or that it happened regularly and was foreseeable (Florida Statutes § 768.0755).
• Negligent security at apartment complexes. For multifamily residential properties with five or more units, Florida law gives owners a presumption against liability for third-party crimes if they substantially carried out listed security measures, such as cameras at entrances and exits that keep footage at least 30 days, lighted parking lots, walkway lighting, deadbolts, window locks, and locked pool gates, along with a recent crime-prevention assessment (§ 768.0706). What the owner actually did, and did not do, becomes the heart of the case.

The medicine, in plain English

Head injuries from falls. NINDS explains that some bleeding inside the skull (an epidural hematoma) can develop within minutes to hours after an injury and is particularly dangerous. Someone who seems fine after hitting their head, especially an older adult or someone on blood thinners, needs to be evaluated, and anyone with a worsening headache, vomiting, confusion, or drowsiness needs emergency care.

Concussion. A concussion can happen without losing consciousness. The CDC groups symptoms into physical, thinking, mood, and sleep problems. See our concussion and mild TBI page.

Fractures and spine. Hip, wrist, and spinal fractures are common in falls. Numbness, weakness, or loss of bladder control after a fall are emergencies.

What to do now, and what we preserve

1. Get medical care and tell the provider exactly how you were hurt.
2. Report it to the manager or owner, and ask for a copy of the incident report.
3. Photograph the condition, the area, the lighting, and your shoes and clothes. Keep the shoes and clothing as they are.
4. Get names of witnesses and employees.
5. Do not give a recorded statement to the property's insurer. Call us.
6. Let us demand the video immediately. Surveillance systems often record over themselves. We also demand incident logs, cleaning and inspection logs, prior complaints, prior crime reports, security contracts, and maintenance records.

The deadline

For most Florida injury claims based on negligence, you have two years to file a lawsuit (Florida Statutes § 95.11(5)(a)). That two-year rule applies to claims that accrued after March 24, 2023, the day HB 837 became law (Chapter 2023-15, Laws of Florida, § 28). For most injuries, a claim accrues on the day of the fall or attack. If yours happened on or before March 24, 2023, the older four-year rule may still apply. Wrongful death claims also carry a two-year limit, and claims against a government agency or involving medical care follow their own rules. Injuries on public property (a county building, a public park, a school) involve special notice rules. Some websites still say four years. For new injuries, that is wrong.

If they say it was partly your fault

Expect it: they will say you were not watching where you were going. Florida uses modified comparative fault (Florida Statutes § 768.81). If you share some of the blame, your award is reduced by your percentage of fault. If a jury finds you more than 50 percent at fault for your own harm, you recover nothing. In negligent security cases, the defense may also try to place fault on the attacker. Proving what the owner knew, and how cheaply the danger could have been fixed, is how we answer.

Insurance, in plain terms

Most businesses, landlords, and condo associations carry general liability insurance, and larger properties often carry excess or umbrella coverage. Security companies, management companies, and maintenance contractors may have their own policies. Your own health insurance may pay medical bills first and later claim repayment from the recovery. Since HB 837, evidence of past medical bills is generally tied to what was actually paid, or what health coverage or a Medicare-based formula would pay (§ 768.0427).

How a case runs

1. Preservation: video, logs, and records demanded in the first days.
2. Investigation: inspection of the property, prior incidents, crime history, code issues.
3. Treatment and records while you recover.
4. Demand to the property's insurer, backed by the medicine.
5. Lawsuit if needed, always inside the deadline.
6. Discovery, experts (safety, security, medical), mediation, and trial if needed.

Frequently Asked Questions

Can I sue a store in Florida for a slip and fall?

Yes, if you can prove the store knew or should have known about the substance and failed to fix it (§ 768.0755). Knowledge can be shown with evidence the spill was there long enough, or that it happened regularly. Video and cleaning logs are often the key, so call quickly.

How long do I have to file a premises injury claim in Florida?

For most negligence claims that accrued after March 24, 2023, two years (§ 95.11(5)(a)). Older claims may fall under the prior four-year rule. Injuries on government property have special notice requirements and should be reviewed right away. Store video can be erased in days, which matters more than any deadline.

What is negligent security?

It is a claim that a property owner failed to take reasonable steps (lighting, locks, gates, cameras, guards) to protect people from foreseeable crime. Florida law gives apartment complexes with five or more units a presumption against liability if they substantially met listed security measures (§ 768.0706). We investigate what they actually had.

I hit my head when I fell but felt fine. Should I worry?

Get checked. NINDS explains that some bleeding inside the skull can develop within minutes to hours, and NINDS notes subdural hematomas are very common in older adults after falls. Worsening headache, vomiting, confusion, or unusual sleepiness are emergencies. A doctor, not a lawyer, decides what testing you need.

The property manager wants me to sign an incident report. Should I?

You can describe what happened plainly and accurately, but do not guess, minimize, or accept blame. Ask for a copy. Do not sign a release or any document that waives claims. If you are unsure what you are signing, call us before you sign it.

What if I was a guest at an apartment complex or hotel, not a tenant?

You can still have a claim. Owners owe duties to the people they invite onto the property, including guests and customers. The details of your status and the property type matter, so tell us exactly why you were there.

Talk to us today

The video that proves your case may already be on a countdown. Call (305) 209-0384 or message us on WhatsApp. Our office answers 24 hours a day.

Former Miami-Dade prosecutor · Since 2012 · Super Lawyers Rising Stars · Avvo Rating 10.0