Florida Premises Liability Attorney

Your Dedicated Advocate for Premises Liability Claims

For more than 25 years, Thomas Scolaro has been fighting for the rights of the injured, recovering over $500 million for clients across Miami, Florida, and beyond.

Have You Been Injured on Someone Else’s Property? Scolaro Law can Help

At Scolaro Law, we have seen firsthand the devastating impact of unsafe premises on individuals and families. Whether it is a serious fall, a structural collapse, or an injury due to inadequate security, Florida law holds property owners responsible when their negligence causes harm.

We take on complex premises liability cases, ensuring that businesses, landlords, property owners, and property managers are held accountable when they fail to maintain their premises safe and free of dangers.  If you or a loved one has suffered an injury due to unsafe property conditions, we are here to help.

What is Premises Liability?

Top Personal Injury Attorney in Miami, Florida

Premises liability refers to the legal responsibility that property owners, landlords, and business operators must keep their premises safe for lawful visitors. Failure to correct hazards, warn guests of dangers, or provide proper security can result in serious injuries.

Under Florida law, property owners owe a duty of care to different types of visitors:

  • Invitees (customers, tenants, guests) – Owed the highest duty of care, including regular inspections, maintenance, and warnings of known dangers.
  • Licensees (social guests, delivery workers) – Must be warned about hidden hazards but are not owed the same level of care as invitees.
  • Trespassers – Generally not owed a duty of care unless the case involves children and an “Attractive Nuisance” (such as an unfenced swimming pool).
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Premise Liability Cases Scolaro Law Handles

Premises liability covers a wide range of accidents caused by unsafe conditions on someone else’s property. At Scolaro Law, our experienced attorneys are dedicated to helping victims of these accidents pursue justice. We thoroughly investigate the circumstances of each case and work to secure the compensation you deserve.

Slip & Fall / Trip & Fall Accidents

Falls are one of the most common causes of severe injury in the U.S. Property owners must take steps to prevent slippery floors, cracked surfaces, loose carpeting, unmarked steps, and poorly lit staircases. When property owners ignore these hazards, they can be held responsible for the injuries that result.

Unsafe Stairways, Walkways, & Structural Hazards

Broken handrails, missing steps, unstable flooring, and collapsing balconies are all serious hazards. Property owners must comply with building codes and maintenance requirements or risk catastrophic injuries to guests and tenants.

Swimming Pool Accidents & Drownings

Florida law requires pools to be appropriately secured to prevent unauthorized access, particularly for children. Unfenced pools, faulty gates, or missing warning signs can lead to tragic and preventable drownings.

Dog Bites & Animal Attacks

Florida law holds pet owners responsible when dangerous animals cause harm. Property owners can be liable for the resulting injuries if they allow unrestrained, aggressive animals to roam their premises.

Falling Objects & Fire Hazards

Unsecured shelving, ceiling collapses, electrical hazards, and defective smoke detectors create dangerous conditions that can lead to serious injuries, burns, or even fatalities.

Hotel Accidents

Hotels must keep guests safe. Poor maintenance, substandard security, and unsafe amenities can lead to serious injuries. Faulty lobbies, unguarded pools, malfunctioning elevators or escalators, defective furniture, and even pest infestations are common issues that result in legal claims.

Theme Park Accidents

Florida’s theme parks draw millions of visitors, and safety cannot be compromised. When rides malfunction, operators make errors, or facilities are not adequately maintained, visitors risk broken bones, spinal injuries, or even death. Theme parks have a clear duty to ensure visitor safety; failure to meet this standard leads to liability.

Carbon Monoxide Exposure

Carbon monoxide is a silent killer. Properties such as hotels, apartments, and workplaces must have proper ventilation and fully functional carbon monoxide detectors. Defective appliances, faulty heating systems, or leaky generators can expose occupants to this dangerous gas. Property owners are responsible for any resulting harm when they neglect these safety measures.

Electrocution & Electrical Injuries

Faulty wiring, defective outlets, and downed power lines are serious hazards. Resorts, hotels, apartment complexes, and commercial buildings that fail to maintain safe electrical systems put both workers and visitors at risk of severe burns, internal damage, and even fatal electrocutions. Property owners must comply with inspections and safety codes to prevent these accidents.

Supermarket & Department Store Accidents

Supermarkets and retail spaces see thousands of visitors every day. Spilled liquids, food on the floor, or falling objects from high shelves can lead to significant injuries—from fractures and concussions to more severe, long-term damage. Stores are required to keep their premises safe, and failing to do so exposes them to liability.

Parking Lot Accidents

Parking lots are often overlooked as danger zones. Potholes, uneven pavement, poor lighting, and insufficient security can cause slip-and-fall injuries, pedestrian collisions, and criminal activities. The property owner is liable for the resulting injuries when a parking lot’s design or maintenance fails.

Negligent Security

When property owners cut corners on security, assaults, robberies, and violent crimes happen. Inadequate lighting, broken locks, and a shortage of security personnel create real risks for residents, customers, and visitors. Such negligence leaves the property owner responsible for any harm that occurs.

If you or a loved one has been a injured in any of these situations, our experienced legal team is here to help. Contact us today for a free consultation.

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Our Past Success in Holding Property Owners Accountable

Highlight Cases

At Scolaro Law, we have a proven track record of successfully litigating premises liability cases and securing substantial compensation for our clients. Some of our notable results include the following:

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Furniture Tip-over / Product Liability

$2.3 Million

 In a heartbreaking case where a young toddler died from ingesting fentanyl found on the premises, Thomas Scolaro fought for the family and secured a $2.3 million recovery against multiple.

Multiple Defective Products

$11.75 Million

In a case where negligence led to carbon monoxide poisoning—resulting in a husband’s death and a wife’s traumatic brain injuries—our diligent work underscored the facility’s failure to maintain safe conditions, including the failure to inspect and perform repairs by professionals.

Electrocution at Resort

$10 Million

A young child tragically lost her life after retrieving a golf ball from an electrified water pond at a miniature golf course. Tom Scolaro’s investigation uncovered that faulty in-house repairs, rather than professional electrical work, were responsible for the dangerous electrification of the water.

Collapsing Balcony in Apartment Building

$7 Million

Tom Scolaro’s client suffered a paralyzing spinal injury after a defective second-story balcony railing collapsed, causing him to fall onto concrete. Our lawsuit uncovered the condominium owner’s gross negligence. Scolaro secured a $7 million settlement—$6 million more than the property’s $1 million insurance policy.

Parking Garage

$1.43 Million

Scolaro’s client sustained a concussion after a parking garage door swung open violently, striking her face. The firm proved the property owner’s negligence: the door lacked a braking mechanism to control its force and provided no visibility or warning systems to alert pedestrians. With no way for users to see approaching pedestrians or for victims to anticipate the hazard, the concealed door became a preventable danger.

Propane Explosion at Home

$2 Million

A young man was severely burned in a propane grill explosion caused by a cleaning service’s negligence. A staff member of the cleaning company falsely claimed under oath she had confirmed the gas was off, contradicting her prior admission to investigators that she skipped safety checks. Scolaro exposed this critical lie, proving the cleaner’s negligence allowed gas to accumulate, leading to the explosion when the client ignited the grill. Scolaro’s relentless investigation forced the insurer to pay the full $2 million policy limits.

Florida’s Legal Standard for Success in a Premises Liability Case

We must establish key aspects of your case to win a premises liability case in Florida.
In premises liability cases, gathering good evidence is crucial. At Scolaro Law, we act immediately to preserve every critical piece of evidence and notify potential defendants, ensuring nothing is lost that could jeopardize your lawsuit. Here are the key elements that must be proven:

  • Legal Duty: The property owner owed you a duty of care to keep their premises safe.
  • Hazardous Condition: A dangerous condition existed on the property.
  • Notice: The owner knew or should have known the hazardous condition existed on the property.
  • Breach of Duty: The owner failed to take reasonable steps to correct or warn about the hazardous condition.
  • Causation & Damages: The owner’s negligence directly caused your injury, and you suffered actual damages as a result.
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What Our Clients Are Saying

“My family and I are extremely blessed to have had Tom and his team represent us during the most difficult time of our lives.”

Tom’s tireless work ethic was evident, revealed to us through constant communication and updates throughout the lengthy process. Tom handled our case as I would have handled it, if I had his legal expertise, with relentless determination, ferociousness, professionalism and integrity. That being said, his kindness, compassion and transparent genuine dedication to me and my family showed in every interaction. For whomever is reading this, and is considering being represented by him and his team, I will leave you with this, making this decision can and will alter the trajectory of your life. It has for me and my family, I wish you well, choose wisely.

Fran

What Our Clients Are Saying

“Highly Talented, Honest, Compassionate Lawyer”

My wife suffered a serious injury when we were visiting Miami. We hired an injury lawyer who failed to get us a satisfactory settlement after many months. We transferred our case to Tom and his team. Tom, Renaud and the rest of the team care deeply about their clients and go far beyond the client/attorney relationship. Our experience with Tom and Renaud was very satisfactory from the first moment we consulted with Tom. Tom and Renaud always responded quickly and effectively to all our questions. They did a brilliant work investigating and researching evidence, interviewing witnesses, and preparing for mediation. Tom hired a professional photographer to produce a short documentary video to highlight the amount of pain and suffering which my wife and every member of our family have suffered due to the injury. This video in addition to the many talents of Tom have ensured the satisfactory settlement which we got. Tom helped us to achieve a very satisfactory settlement, which was more than double what our first attorney managed to negotiate. The amount of investigation and research which Tom and Renaud put in our case was unbelievable. The way and strategy that Tom used to negotiated with the insurance company was amazing. Tom is an honest, compassionate, and extremely talented attorney, and above all he is a great negotiator. I would highly recommend him, and his amazing team, to anyone who needs a personal injury lawyer. 

O.R.

What Our Clients Are Saying

“I would highly recommend Scolaro Law to anyone that needs someone on their side.”

Tom and his whole team were great. My suit took a long time, and they explained and guided me through every step. They were patient and kind, and made sure it was as easy for me as they possibly could. They didn’t just care about how much of a settlement they could get; they cared about the bottom dollar for Me. They didn’t just work the case; they understood it. Their knowledge of the legal system, what works and what doesn’t, is hard to find. I would highly recommend Scolaro Law to anyone that needs someone on their side.

Maria

What Our Clients Are Saying

“It was truly a pleasure to work with all the team of Scolaro Law.”

From our very first consultation, Thomas Scolaro was knowledgeable, compassionate, and genuinely invested in my case. Tom and his legal assistant Barbie took the time to explain every step of the legal process, ensuring I fully understood my options and potential outcomes. They were always prompt in responding to any questions or concerns I had, making me feel supported and well-informed throughout. Thomas’s expertise and dedication truly showed in the handling of my case. He fought tirelessly to achieve the best possible result, and thanks to hard work of all Scolaro law team, the outcome exceeded my expectations. It was clear that the team not only knew the law inside and out but also genuinely cared about my well-being. If you’re looking for a professional, compassionate, and highly skilled attorney, I wholeheartedly recommend Thomas Scolaro and I am grateful to have had him by my side.

Nataliia

Top Personal Injury Attorney, Representing Clients Nationwide

Why Choose Scolaro Law for Your Injury Lawsuit?

Experience, reputation, and results are crucial factors when selecting a premises liability attorney. At Scolaro Law, we combine decades of hands-on experience with a proven track record of success, earning the trust of clients and peers alike. 

Decades of Experience

With over 25 years of handling complex injury cases, Scolaro Law brings a wealth of knowledge and proven experience to ensure your case is managed with the highest level of professionalism and care.

Aggressive Pursuit of Maximum Compensation

We do not settle for quick fixes. Our team is dedicated to fighting for the full compensation you deserve, pushing back against property owners and insurers who try to minimize your claim.

Preparation for Trial

We prepare every case as if it were going to trial, ensuring that property owners and insurance companies take responsibility for their negligence. We are fully equipped to pursue your case to the fullest extent.

No Fee Unless We Win

You will not pay anything unless we win your case. Our contingency fee structure means you have no financial risk, allowing us to focus on securing the best possible outcome for your claim.

when referral lawyers need trusted partners, they call us

Referral attorneys across the country trust Scolaro Law with premises liability cases because we have the experience, resources, and proven results and pay co-counsel fees consistent with Florida Bar Rules.

  • Plaintiff’s Law Firm: We are a 100% plaintiff-driven practice. Our sole focus is on personal injury, ensuring unparalleled dedication in premises liability cases.
  • Trial-Ready Attorneys: Every case is prepared with a trial-ready mindset, so you know your client is in the best hands at every step.
  • Seamless Co-Counsel Process: We maintain clear communication at every stage, ensuring you are fully informed and updated throughout the lifetime of your case.
  • Local Insight: Our deep knowledge of Florida’s legal landscape, from Miami to the Florida Panhandle, from Key West to Central Florida, ensures that your Florida cases benefit from experienced local attorneys.
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Frequently Asked Questions About Premises Liability

Your first priority should be your health—seek medical attention right away, even if the injury seems minor. If possible, document the scene by taking photos or videos of the hazard that caused your injury. Report the incident to the property owner or manager and ask for a written report. Gather witness contact information and avoid making statements about fault. Finally, contact Scolaro Law as soon as possible to protect your rights.

You may have a claim if your injury was caused by a hazardous condition that the property owner knew or should have known about and failed to fix or warn you about. Common examples include wet floors, broken stairs, poor lighting, or inadequate security leading to an assault. Our premises liability attorneys evaluate your case and determine whether the property owner is legally responsible.

If you were injured on someone else’s property, you are entitled to compensation for:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement
  • Wrongful death damages (if a loved one was fatally injured)

Depending on the circumstances, liability could fall on:

  • Property owners (homeowners, landlords, business owners)
  • Property management companies
  • Retail stores, hotels, restaurants, and entertainment venues
  • Homeowner associations (HOAs)
  • Security companies (for negligent security cases)
  • Contractors or maintenance companies that failed to fix the condition that caused your injury

In Florida, the statute of limitations for most premises liability cases is two years from the date of injury. If you fail to file within this time, you may lose your right to recover compensation.

Yes, but your compensation may be reduced under Florida’s comparative negligence law. If you are found partially responsible for the accident, your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your total damages were $100,000, you would receive $80,000. However, if you are more than 50% at fault, you may be barred from recovering damages.

Negligent security cases arise when property owners fail to provide adequate security, leading to assaults, robberies, or other crimes. If a business or landlord fails to provide proper lighting, working locks, security cameras, or guards in high-crime areas, they may be liable for harm caused by foreseeable criminal acts. These cases often involve apartment complexes, hotels, parking garages, gas stations, ATMs, and nightclubs.

Yes, but the level of duty depends on your status as a visitor:

  • Invitees (customers, tenants, guests): Property owners must regularly inspect the premises, fix hazards, and provide warnings.
  • Licensees (social guests, delivery workers): Owners must warn about hidden dangers they are aware of but are not required to inspect for unknown hazards.
  • Trespassers: Generally, property owners do not owe a duty of care unless the case involves a child and an “attractive nuisance” like an unfenced pool.

Strong evidence is crucial in these cases and may include:

  • Photos/videos of the hazard that caused your injury
  • Surveillance footage from the property
  • Witness statements
  • Medical records linking the injury to the accident
  • Maintenance logs and inspection reports
  • Incident reports from the property owner
  • Prior complaints or violations related to the hazard

Because evidence can disappear quickly, it’s essential to act fast and have Scolaro Law preserve key records.

At Scolaro Law, we work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case. Our fee is a percentage of your recovery, so you never have to worry about legal fees unless we secure compensation for you.