wrongful death lawyer Orlando, FL

Unsafe Property Injuries & Wrongful Deaths

If you were hurt on unsafe property in Miami-Dade County—a store, apartment complex, hotel, parking garage, or public venue—you may recover compensation by proving the owner knew or should have known about a dangerous condition and failed to fix or warn. Florida now has a two-year deadline and modified comparative negligence (over 50% fault = no recovery) and our Orlando, FL wrongful death lawyer can help to make sure you meet this.

Why This Matters In Miami

Our Miami-focused premises liability attorneys at Needle & Ellenberg, P.A. represent victims across Miami-Dade County, including Coral Gables, Brickell, South Beach, Aventura, Kendall, Doral. We handle serious injury and wrongful death cases arising from unsafe property conditions at locations such as Publix/Sedano’s, Miami International Airport (MIA), Brickell & Downtown garages, major hotels and short-term rentals.

  • Slip/trip/fall on wet or uneven surfaces
  • Defective stairs & Florida Building Code violations
  • Negligent security (assaults, robberies, shootings)
  • Carbon-monoxide or toxic exposure (hotels, rentals)
  • Structural/balcony failures; elevator/escalator defects
  • Wrongful death caused by preventable hazards

Free consultation • Contingency fee • No fees unless we recover. Call 305-530-0000.

What It Takes To Win (Plain-English)

To recover, we prove negligence and causation:

  1. Duty of Care — the owner must keep premises reasonably safe (duty varies for invitees, licensees, trespassers).
  2. Breach — failure to repair, clean, or warn about hazards discoverable on reasonable inspection.
  3. Causation — the unsafe condition caused your injury.
  4. Damages — medical, wage, and human losses.
  5. Control — the defendant possessed or controlled the area.
  6. Notice — actual or constructive notice (e.g., a spill existed long enough a store should have found it).

Legal Update (March 2023): Florida shortened the statute of limitations to two years and adopted modified comparative negligence (§ 768.81). If you’re more than 50% at fault, recovery is barred; at 50% or less, recovery is reduced by your percentage.

Where Miami Injuries Happen (Entity-Rich)

High-Risk Locations:

  • Grocery: produce misting, freshly mopped aisles without signage
  • South Beach/Wynwood: wet patios, greasy floors, dim entries
  • Garages (Brickell/Downtown): oil slicks, cracked pavement, poor lighting
  • Apartments/condos: broken rails, unsecured gates, code violations
  • Hotels/rentals: pools, balconies, carbon-monoxide exposure
  • Airport concourses: high-traffic spill zones and worn flooring

Frequent Hazards:

  • Wet, uneven, or unmarked walking surfaces
  • Poor lighting in stairwells, halls, and parking areas
  • Missing handrails, unsafe steps, balcony/code violations
  • Falling merchandise or unsecured fixtures
  • Malfunctioning elevators/escalators
  • Unsafe pools/spas and inadequate warnings

Negligent Security (Fast Explainer)

Owners must take reasonable steps to deter foreseeable crime (lighting, cameras, access control, security staffing, warnings). When preventable crime causes injury—particularly at apartments, hotels, parking garages, ATMs, convenience stores, and nightclubs—victims may pursue negligent-security claims.

What You Can Recover

  • Economic: ER/surgery/rehab, future care, lost wages, reduced earning capacity, home/vehicle modifications.
  • Non-Economic: pain/suffering, mental anguish, loss of enjoyment, disability.
  • Punitive: available in egregious or gross-negligence cases, where allowed by law.

7 Evidence Steps That Win Cases

  1. Seek medical care immediately and follow orders.
  2. Report the incident; obtain a written report (keep a copy).
  3. Photograph/video the hazard, area, and injuries.
  4. Preserve shoes/clothing and any damaged items (do not wash).
  5. Collect witness names and contact details.
  6. Avoid recorded statements to insurers before legal counsel.
  7. Call us promptly—deadlines are short and evidence disappears.

Why Needle & Ellenberg, P.A.

  • Recognized by peers (Best Lawyers, Florida Super Lawyers).
  • Trial-proven team with deep Florida Building Code/OSHA literacy.
  • Professional network: engineers, security, and medical specialists.
  • Client-first model: direct partner attention; selective caseload.
  • Contingency-fee: no fees or costs unless we recover.
  • Free, confidential case evaluations

Miami Premises Liability – FAQ

How do I prove a store “should have known” about a spill?

Through constructive notice: time-stamped footage, sweep logs, prior complaints, size/track marks/footprints, or missed inspection protocols.

I didn’t see the hazard. Can I still recover?

Yes. If the danger was unreasonably dangerous and not properly fixed or warned about, visibility alone doesn’t defeat a claim.

What if I was looking at my phone?

Florida’s modified comparative negligence may reduce recovery, but it doesn’t bar it unless you’re found over 50% at fault.

Are landlords responsible for crimes on the property?

They can be if the crime was foreseeable and reasonable security measures were missing or ignored.

How fast should I call a lawyer?

Immediately. Florida’s two-year limit is short, and key evidence (video, sweep logs, repair records) may be overwritten within days.

Do I pay up front?

No. We work on a contingency-fee basis—no fees or costs unless we recover for you.

If you or someone you love has been harmed by someone else’s negligence, reach out to Needle & Ellenberg, P.A. today or whenever you need help.