A new Florida Third District Court of Appeal decision offers valuable guidance for anyone injured on someone else’s property in Miami-Dade County. The case, Rodriguez v. Jaimes (Nov. 5, 2025), examined whether a property owner could avoid liability by claiming he no longer controlled the area where the injury occurred. The court rejected that argument and explained that Florida property owners cannot escape responsibility simply by distancing themselves from the condition that caused the harm. Incidents like this help clarify how negligence works in Florida premises cases and what victims must show to protect their rights.
Premises liability cases in South Florida involve slip-and-falls, unsafe walkways, collapsing structures, faulty lighting, and unsecured hazards. Property owners often argue that they lacked control, lacked knowledge, or lacked involvement in the event. The Third DCA’s recent analysis makes one point clear. Courts look closely at the total relationship between the owner and the property, not just the owner’s claims after the fact.
How Florida Courts View Control And Responsibility Over Property
Florida law requires property owners to maintain reasonably safe conditions for visitors. This duty applies whether the visitor enters a home, a business, a parking lot, or a rental property. The central question in many cases is control. When someone owns or occupies a space, courts expect that person to inspect for hazards and correct dangerous conditions.
The Rodriguez ruling highlighted how courts evaluate that control. The property owner argued that he no longer used or oversaw the area where the injury happened. The court reviewed deed records, witness testimony, the property’s past use, and the practical realities of how the space was managed. The judges concluded that control remained with the owner because he had the ability to access the property, benefit from it, and maintain it.
This approach keeps the focus on safety. Property owners cannot avoid responsibility by claiming they stepped away from their duties while still retaining ownership rights.
How Control Influences Liability In South Florida Premises Cases
Control determines who must inspect for hazards, warn visitors, and repair dangerous conditions. Miami and the surrounding areas are home to many multi-unit residences, commercial properties, and shared spaces, where responsibility can get complicated. When someone gets hurt, the owner might point the finger at a tenant, contractor, vendor, or former partner.
Courts evaluate each person’s connection to the property. You strengthen your claim by identifying who had the right to enter, maintain, or supervise the location. Documents such as leases, permits, and maintenance contracts create a clearer picture of responsibility. Witness testimony also plays a role when people regularly observed the owner at the property or saw the owner receiving income from it.
How Victims Get Caught In Property-Owner Disputes
Premises liability cases become difficult when several people claim that someone else should have repaired the hazard. A walkway crack may sit between two businesses. A broken stair may belong to a landlord who hired management employees. A loose railing may be located in a building where the owner listed a different person as caretaker.
These disputes often delay investigations. Insurers for the property owner may deny liability, claiming that another party controlled the area. Each side may shift blame to avoid paying medical expenses and other damages. Victims get stuck in the middle unless they move quickly to secure photos, video, and documents proving who controlled the site.
Steps You Should Take After A Premises Injury In Miami-Dade
You strengthen your position by gathering information immediately.
Some important steps include:
- Photographing the hazardous condition from several angles
- Getting names and contact information from witnesses
- Requesting copies of incident reports
- Documenting your injuries and medical care
- Saving emails or statements from anyone associated with the property
These steps help preserve evidence before anyone can make changes or deny responsibility.
Courts rely heavily on early documentation. A hazard can disappear within hours. A landlord might repair a step the day after the incident. A contractor might remove equipment that created the danger. Photographs and witness statements allow experts to reconstruct what happened and explain why the property owner should have prevented the injury.
How Damages Work In Florida Premises Liability Cases
Injured visitors may seek compensation for medical bills, future treatment needs, lost income, reduced earning capacity, and pain and suffering. A premises injury may also result in long-term complications that affect mobility, ability to work, or quality of life. Thorough documentation helps demonstrate the full impact of the accident.
Insurance companies often argue that victims share responsibility for the injury. Florida’s comparative negligence law allows insurers to reduce payouts if they show that a visitor ignored warnings, took unnecessary risks, or failed to watch where they were walking. You protect yourself by avoiding speculative statements and sticking to factual descriptions of what occurred.
Talk With A Miami Premises Liability Lawyer About Your Injury
If you were injured on someone else’s property in South Florida, you can contact Friedman Rodman Frank & Estrada, P.A. for a free consultation at (305) 448-8585. The firm has represented accident victims in the Miami area since 1976 and can explain your rights, gather evidence, and pursue full compensation for your injuries.