Premises Liability Lawyer Boca Raton, FL

Property owners in Boca Raton are expected to keep their buildings, parking areas, and pools reasonably safe for the people they invite in. When they fail to do so, a shopper, tenant, or hotel guest can suffer a serious injury from an assault in a dark parking garage, a pool accident, or a falling object. A premises liability lawyer in Boca Raton, FL can identify who was responsible for the property, gather the evidence, and pursue compensation. Jacobson Injury Firm represents people injured on unsafe property throughout Boca Raton and southern Palm Beach County. Contact the firm for a free consultation.

How Premises Liability Claims Work in Florida

Premises liability is the area of law that holds property owners and managers responsible for injuries caused by unsafe conditions. Most claims are based on negligence, meaning the owner or manager failed to use reasonable care. The injured person usually must show that a dangerous condition existed, that the owner knew or should have known about it, and that the owner failed to fix it or give a warning.

The duty an owner owes depends largely on why the injured person was on the property. Florida recognizes three main categories.

Invitees

An invitee is someone on the property for the owner’s business or at the owner’s invitation. Customers in a store, hotel guests, tenants in common areas, and invited social guests generally fall into this group. Owners owe invitees the highest duty: to keep the property reasonably safe and to warn of hidden dangers they know or should know about.

Licensees

An uninvited licensee is someone the owner tolerates on the property but did not invite, such as a person who cuts through a parking lot for their own convenience. The duty owed is lower. In general, the owner must avoid willful or wanton harm and warn of known dangers that are not obvious.

Trespassers

A trespasser enters without any permission. Under Florida Statute 768.075, an owner must avoid intentional misconduct toward an undiscovered trespasser. For a trespasser whose presence was discovered, the owner must also avoid gross negligence and warn of known dangers that are not readily visible. The statute keeps the common law “attractive nuisance” rule, which can protect children drawn onto property by hazards such as pools.

Where Premises Injuries Happen in Boca Raton

Boca Raton has a large number of busy commercial and residential properties. Owners and managers of these places are responsible for keeping them safe:

• Shopping centers such as Town Center at Boca Raton at 6000 Glades Road and Mizner Park, with its shops, restaurants, and amphitheater
• Condominium towers and HOA communities, where Florida Statute 718.113 makes the condo association responsible for maintaining the common elements
• Apartment complexes, hotels, and resorts with pools, garages, and elevators
• Office buildings and medical offices with heavy daily foot traffic

Many of these properties have parking garages, stairwells, and pool decks, where hazards such as poor lighting and broken locks tend to appear.

Common Types of Premises Liability Cases

Jacobson Injury Firm handles premises liability claims involving:

• Negligent security, such as assaults in parking lots, garages, or apartment complexes with broken gates, missing cameras, or dark walkways
• Swimming pool accidents, including drownings, near-drownings, and injuries from missing fences, gates, or broken drain covers
• Falling objects, such as merchandise stacked on high shelves, loose ceiling tiles, or items dropped from balconies
• Poor lighting in stairwells, hallways, and parking areas
• Elevator and escalator malfunctions, including sudden drops, misleveling, and doors that close on riders
• Broken stairs, railings, and balconies

Slip-and-fall and trip-and-fall injuries are also a major part of premises liability. The firm covers those claims in detail on its Boca Raton slip and fall attorney page.

Pools deserve special attention in South Florida. The Florida Department of Health reports that drowning is the leading cause of unintentional death for children ages 1 to 4 in Florida. Under Florida Statute 515.27, new residential pools must have at least one safety feature, such as a barrier, an approved safety cover, or door alarms.

Elevators are regulated too. The state’s Bureau of Elevator Safety enforces Florida’s elevator safety law, which requires routine safety inspections. Missing inspections or ignored violations can be strong evidence in an elevator injury case.

What Compensation Can a Premises Liability Victim Recover?

An injured person may seek compensation for:

• Emergency care, hospital stays, and surgery
• Rehabilitation and future medical treatment
• Lost wages and reduced earning capacity
• Pain and suffering
• Mental anguish, including trauma after an assault
• Loss of enjoyment of life

Injuries such as traumatic brain injuries from a fall or near-drowning can require years of care. A claim should account for future costs, not only current bills.

Negligent Security and Shared Fault

Negligent security claims arise when a property owner fails to take reasonable steps to protect visitors from foreseeable crime. Florida changed these claims in 2023. Under Florida Statute 768.0701, when a person lawfully on a property is hurt by a third party’s crime, the jury must consider the fault of everyone who contributed to the injury, including the criminal.

For apartment and condo communities, Florida Statute 768.0706 creates a presumption that the owner is not liable if it substantially put certain security measures in place. These include security cameras at entrances and exits that keep footage for at least 30 days, lighted parking lots and walkways, deadbolts, and a crime prevention assessment. Whether a property actually met these standards is often a central question in a negligent security case.

Florida’s comparative fault rule also applies. Under Florida Statute 768.81, a person found more than 50% at fault for their own injuries recovers nothing, and a lower share of fault reduces the award. The firm’s guide to comparative fault in Florida explains this rule. A premises liability lawyer in Boca Raton, FL can push back when an owner tries to shift blame onto the injured person.

What Should You Do After an Injury on Someone’s Property?

The evidence in a premises case can disappear quickly. If possible, an injured person should:

• Get medical care right away. Boca Raton Regional Hospital operates an emergency room on Meadows Road.
• Report the incident. Notify the store, property manager, or condo association, and ask for a copy of the written incident report. For an assault, call 911 and get the police report number.
• Photograph the hazard. Take pictures of the broken gate, dark stairwell, missing pool fence, or fallen object before it is fixed or removed.
• Identify witnesses. Collect names and phone numbers of anyone who saw what happened.
• Act fast on video. Security footage may be recorded over within weeks. An attorney can send a letter asking the owner to preserve it.

The firm’s guide to evidence in Florida injury cases explains what to keep.

How Long Do You Have to File a Premises Liability Claim in Florida?

Under Florida Statute 95.11, most negligence claims, including premises liability claims, must be filed within two years. Florida shortened this deadline from four years to two for claims arising after March 24, 2023.

Claims against government-owned property can involve extra notice requirements. The firm’s overview of the Florida statute of limitations covers related deadlines.

No Fee Unless We Win

Jacobson Injury Firm handles premises liability cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

Clients work directly with attorney Adam Jacobson, who is licensed in Florida, New York, Connecticut, and Illinois. He prepares each case as if it may go to trial. The firm’s case results include a $200,000 recovery in a trip-and-fall case. Past results do not guarantee a similar outcome.

Frequently Asked Questions

Who can be held responsible for an injury on someone else’s property?

Depending on the facts, the property owner, a tenant who controls the space, a management company, a condo or HOA association, or a security contractor may share responsibility.

Can a property owner be liable for a crime committed by someone else?

Yes, in some cases. If the crime was foreseeable and the owner failed to provide reasonable security, the owner may share fault with the person who committed the crime.

Am I covered if I was hurt at a friend’s pool?

Invited guests are generally owed a duty of reasonable care. A homeowner who knew about a broken gate, a missing drain cover, or another hidden danger may be responsible, and homeowners insurance often covers these claims.

What if the property owner says the hazard was obvious?

An obvious hazard can affect fault, but it does not always end a claim. An owner may still be responsible for failing to fix a dangerous condition it knew about.

How much does a premises liability lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Premises Liability Lawyer in Boca Raton, FL

An injury caused by an unsafe property can bring medical bills, lost income, and lasting harm. A premises liability lawyer in Boca Raton, FL can investigate the property, identify every responsible party, and pursue full compensation. Call (561) 567-7163 or contact Jacobson Injury Firm today to schedule a free consultation.