When Property Owners Fail: What You Need to Know About Premises Liability in Florida
When tragedy strikes on someone else’s property, most people don’t realize they may have the legal right to hold the property owner accountable. Under Florida law, property owners have a duty to keep their premises reasonably safe for residents, visitors, and even the public. When they fail in that duty, and someone is seriously injured or killed, it may give rise to a premises liability claim.
As a trial attorney with over 22 years of litigation experience, I’ve handled some of the most heartbreaking and complex premises cases imaginable — including catastrophic fires resulting in loss of life, shootings at apartment complexes, and semi-truck crashes linked to negligent commercial property practices.
What Is a Premises Liability Case?
Premises liability arises when an injury or death occurs due to unsafe or dangerous conditions on someone’s property. These can involve:
Fires caused by poor maintenance, faulty wiring, or lack of proper safety systems
Inadequate security measures leading to assaults or shootings
Negligent commercial operations causing hazards to both workers and the public
Slip and falls due to wet floors, poor lighting, or broken railings
Defective stairs, balconies, or lack of fire exits in residential buildings
In these cases, property owners — including landlords, business owners, or corporations — may be found legally responsible for the harm caused.
Real Tragedies. Real Legal Action.
In my practice, I’ve represented families devastated by preventable disasters. One case involved a massive apartment fire where smoke alarms failed and emergency exits were blocked, costing lives that could have been saved. In another, a tenant was shot and killed in an apartment complex with known security issues and no cameras or guards in place — despite prior violent incidents on the premises.
In commercial cases, I’ve investigated truck crashes tied to unsafe loading zones and poor lighting on private property — proving that the property owner’s negligence contributed directly to the death of innocent people.
Why These Cases Matter
Beyond compensation, premises liability cases expose dangerous conditions and force negligent property owners to make changes — preventing future tragedies. For grieving families and seriously injured individuals, these lawsuits also provide a path to justice and accountability.
Your Rights Under Florida Law
Florida courts take premises liability seriously. If you or a loved one was hurt or killed on another’s property, you may be entitled to damages for:
Medical expenses
Lost income
Pain and suffering
Funeral expenses (in wrongful death cases)
Loss of companionship or support
But these cases often turn on evidence that must be preserved early — security footage, incident reports, eyewitness accounts, and more. That’s why early legal intervention is critical.
Speak With an Experienced Premises Liability Attorney
I’ve successfully handled catastrophic injury and wrongful death cases involving complex property-related negligence. If you have questions about a potential claim — or just want to understand your rights — reach out for a free consultation. I’ll walk you through the legal options and give your case the serious attention it deserves.
Spencer J. Charif, Esq.
Personal Injury & Trial Attorney
Serving Miami and all of Florida
Federal appeals court rules against Florida's restriction on former felons from voting over fines
The judges rule the mandate violated 17 ex-felons' Fourteenth Amendment rights.
A federal appeals court upheld an injunction Wednesday that allowed a group of former Florida felons to vote without the state-imposed mandate to pay fees.
The three-judge panel from the U.S. Court of Appeals for 11th Circuit in Atlanta ruled that Florida’s law violated the Equal Protection Clause of the Fourteenth Amendment for 17 former felons who are currently suing Gov. Ron DeSantis and other state officials. In 2018, Florida voters approved a state constitutional amendment, Amendment 4, which would restore the voting rights of former felons who completed all terms of their sentences.
Full story here:
Avoidable pool tragedies
There were 51 fatal child drownings in Florida pools or spas in 2017, a 20 percent spike compared to 2016 when there were 40 fatal child drownings in the state. With pools, lakes and year-round swimming weather, Florida easily tops northern states.
According to figures released by the USA Swimming Foundation on Tuesday, Florida again leads the nation as the state with the most child drownings in 2017. The drownings last year involved children 15 and younger, with 80 percent involving children under the age of 5. Drowning is the leading cause of unintentional death in children ages 1-4 nationwide.
The U.S. Consumer Product Safety Commission’s Pool Safely campaign urges Florida families to enroll their children in learn-to-swim programs, learn CPR and be diligent in watching children at pools and spas and other bodies of water. Here are some of their steps to stay safer when spending time in or near the water in 2018:
▪ Never leave a child unattended in a pool or spa and always watch your children closely around all bodies of water.
▪ Designate a water watcher to supervise children in the pool or spa. This person could be a lifeguard or adult family member and should not be reading, using a smart phone or be otherwise distracted.
▪ Learn how to swim, and teach your child how to swim.
▪ Learn how to perform CPR on children and adults.
▪ Keep children away from pool drains, pipes and other openings to avoid entrapment.
▪ Ensure any pool and spa you use has drain covers that comply with federal safety standards, and if you do not know, ask your pool service provider about safe drain covers and ask your public pool if their drains are “VGB compliant.”
▪ Take the Pool Safely Pledge before spending time in or near the water this year. This online pledge basically has you read through the above tips and vow to heed them any time you or your child come into contact with a body of water.
3 Killed in Boating Accident
Authorities allege a Kansas man was intoxicated when the boat he was operating struck a rock bluff on the Lake of the Ozarks in central Missouri, killing three friends.
Hayden Frazier, 22, of Overland Park, was released from jail Sunday morning. He was arrested Saturday on three preliminary charges of boating while intoxicated involving a death of another person. It wasn't immediately clear when formal charges will be filed.
The Missouri Highway Patrol on Sunday identified says the three victims who were killed: 23-year-old Joseph LeMark, of Overland Park; 24-year-old Daniel Lewis, of Overland Park; and 21-year-old Hailey Hochanadel, of Olath.
Authorities say 21-year-old Ashley Lamb, of Olathe, was in serious condition after being flown to a Springfield, Missouri, hospital.
The crash happened before 2 a.m. Saturday, throwing three people into the water, authorities said. All five people involved were friends who graduated from high school in Olathe.
Accident reports say Frazier, Hochanadel and LeMark were ejected into the water in the crash that happened before 2 a.m. Saturday. State Patrol Sgt. Scott White said Frazier climbed back aboard and paddled the 1991 Regal Runabout across the channel to a dock at Simmons Point.
A neighbor called to report the incident.
License Plate Cover Violates The Law - Police Can Light You Up, Rules Appeals Court
Seemingly everybody in South Florida has a license-plate frame — adorned with logos of your car brand, auto dealer or favorite sports team.
They can get you in big-time trouble.
A Miami appeals court ruled Wednesday that a police officer acted legally when he pulled over a motorist whose frame partially covered the word "Florida" on his license plate, but not the tag numbers or decals. The driver, Marcelo Pena, was arrested for driving with a suspended license — and for the drugs the cop found in his car.
The Third District Court of Appeal was not naive to the abundance of the frames "frequently supplied by car dealers” and that “many otherwise law abiding citizens install them specifically to show allegiance to a club, fraternity, college or sports team or, as a means of other self-expression."
"But the Legislature gets to make the laws that govern our public roads and highways," Judge Robert Luck wrote in the opinion, "and it has done so clearly and unambiguously by prohibiting the obscuring of the word 'Florida' on state license plates."
Pena was pulled over in 2015 by a Miami-Dade police officer in West Kendall. Pena's SUV had a silver plate frame from Grand Prize Chevrolet, a car dealership now known as Bomnin Chevrolet.
The frame covered "MyFlorida.com" at the top of the familiar orange-adorned tag, and "Sunshine State" at the bottom. The tag number and registration remained visible.
Officer Carl Senabria soon realized Pena was driving with a suspended license, and also found a bag of alprazolam pills; he was charged with possession of a controlled substance with intent to sell, and drug trafficking.
But Miami-Dade Circuit Judge Diane Ward ruled the traffic stop was illegal. relying on a another appellate-court ruling that said a frame obscuring a county name on a tag was not enough to be pulled over. Prosecutors appealed and the Miami appeals court dismissed Ward's decision, saying the actual word "Florida" must be clear.
The ruling likely won't spark a spike in traffic citations — Florida cops aren't generally aggressive about license plate frames unless the plate numbers themselves are clearly covered.
But law enforcement nevertheless is warning motorists.
"A lot of people don't know it's against the law," said Florida Highway Patrol Lt. Alejandro Camacho, a spokesman. "A good rule of thumb: No letters, numbers or decals on the tag can be covered, period."
Don't go it alone. If you have criminal charges, please contact us for a free confidental case review.
