Premises Liability  Help Is Just a Call Away

Delray Beach Premises Liability Attorneys

Dedicated to the Best Interests of Our Clients

Premises liability law is a specific area of personal injury law that allows an injured person to file a claim for compensation after getting hurt on someone else’s property. Property owners, as well as anyone in control of property such as a tenant or property manager, have a duty to use reasonable care to prevent people who are on the property from suffering avoidable injuries. Generally speaking, a property owner has a duty to remedy unreasonable hazards or to warn people about such risks.

If you were injured on another party’s property, you could be eligible to file a premises liability claim. One of our Delray Beach premises liability lawyers at Smith, Ball & Báez can assist you. Call (561) 500-HELP today to begin.

Common Types of Premises Liability Law Claims

There are many different types of accidents and incidents that give rise to premises liability lawsuits. Some examples include:

  • Slip, trip, and fall accidents
  • Swimming pool accidents
  • Inadequate security cases
  • Inadequate maintenance
  • Elevator or escalator accidents

Premises Liability in Business Establishments

Florida has a particular premises liability statute pertaining to slip and fall accidents in businesses. Under this Florida law, if a person “slips and falls on a transitory substance in a business establishment,” then that injured person “must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” In other words, if you slipped and fell on a liquid spill, you will have the burden of proving that the business had “actual or constructive knowledge” of the hazard.

Actual knowledge means the business knew about the hazard. How do you show constructive knowledge?

The statute says a plaintiff can prove constructive knowledge in one of two ways:

  • Proving that “the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition”; or
  • Proving that “the condition occurred with regularity and was therefore foreseeable.”

Getting Your Premises Liability Lawsuit Filed in a Timely Manner

Premises liability lawsuits, like other personal injury lawsuits, have a particular statute of limitations. The Florida statute of limitations for most premises liability lawsuits is four years from the date of the incident that resulted in your injury. For example, if you slipped and fell on May 1, 2020, you would have four years from that date to file a lawsuit. If you do not file a claim within that time window, your claim will become time-barred.

You might be thinking that you can wait to talk to a lawyer because four years is a long time. You should keep in mind that waiting too long can result in valuable evidence being lost that could help you to win your case. Moreover, the sooner you seek legal advice, the sooner you may be able to receive financial compensation.

Whether you slipped and fell inside a retail establishment or got hurt while vacationing at a hotel or motel, you could be eligible to file a premises liability lawsuit.

It is important to seek advice from a Delray Beach premises liability lawyer who can assist with your case. Contact Smith, Ball & Báez for more information about getting started on your claim.

What Sets Us Apart

Committed to Fighting for Justice for the Injured
  • Over $100 Million Recovered

    Our results speak for themselves, and our team is dedicated to winning for you.

  • AV-Rated With Martindale Hubbell

    We are ranked by the most prestigious peer review rating an attorney can receive for high ethical standards and professional ability.

  • Over 65 Years of Experience

    With over 65 years of combined experience, our attorneys know what it takes to win for you while adhering to the highest ethical standards.

  • Award-Winning Attorneys

    Our attorneys are committed to excellence and are recognized for their hard work with many accolades from the legal community.

  • We're Not Afraid to Litigate

    We're trial lawyers at heart and don't shy away from the courtroom; we'll put our compassionate tenacity to work for you.

  • A Florida Firm With Extensive Resources

    No case is too big; we'll utilize our large network of experts, connections in the legal community, and deep well of resources to help you win.

Real Reviews from Real Clients

We're Deeply Committed to Every Case
    My best interest was always the goal.

    “Great work! I received a clear and patient commutation. I felt my best interest was always the goal. Nelson and Kim presented as a strong team, who showed a lot of medical knowledge.”

    - Tammy D.
    Amazing firm.

    “Amazing firm. Marci Ball & her team handled my case. They made sure everything was taken care of.”

    - Jose C.
    Smith and Ball is unlike any other injury law firm!

    “Smith and Ball is unlike any other injury law firm! Marci and Scott set themselves apart from other attorneys not only in their work ethic, skill, and decades of experience but in their compassion and dedication to their clients!”

    - Andrea L.
    Best in the business.

    “I had an accident a few years ago that really had a profound impact on my life. Scott was so patient and understanding and he really walked me through every step of the process.”

    - Former Client
    Working with Mr. Baez and Kimberly was a wonderful experience.

    “Working with Mr. Baez and Kimberly was a wonderful experience. Anytime that you need to enlist legal services there is a certain degree of uncertainty and anxiety.”

    - Kevin M.
    Nothing short of AMAZING.

    “If you are reading this there is no need to look any further! Nelson Baez, Kimberly Simpson, and the team have been nothing short of AMAZING.”

    - Darlene H.
    These kind folks are highly recommended.

    “Scott Smith was very responsive to my case and kept me well informed about the progress that was being made on my behalf.”

    - Neal H.
    Scott and his team are truly amazing and will work hard for your rights.

    “Scott and his team are truly amazing and will work hard for your rights. From the time you walk in you are welcomed at the reception with a warm smile by Isabel, then the legal team in the back is always ready to help you.”

    - Juan L.
    I would recommend Marci Ball to anyone needing a good and caring attorney.

    “Attorney Marci Ball handled a case for me while I was going through personal trying times. She did so in a very professional and empathetic manner.”

    - Jeannine V.
    Highly Recommend

    “Always available, any emails that were sent were promptly answered, we never felt that we were a burden to them. Would highly recommend this firm to anyone seeking a positive outcome.”

    - Tony B.

Get a Free Consultation

From Our Award-Winning Attorneys We're Ready to Fight for the Justice You Deserve
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.