What Is Premises Liability and How Does It Apply in Florida?

Introduction

Premises liability refers to the legal responsibility of property owners to maintain safe conditions for visitors. When a property owner’s negligence leads to an accident, injured victims may be entitled to compensation for medical expenses, lost wages, and pain and suffering.

This guide explains how premises liability works in Florida, the types of accidents covered, and what injured victims need to prove to file a successful claim.

What Is Premises Liability?

Premises liability is a type of personal injury law that holds property owners, landlords, and business operatorsresponsible for injuries that occur on their property due to unsafe conditions.

Common premises liability cases include:

• Slip and fall accidents
• Negligent security leading to assaults or attacks
• Swimming pool accidents
• Dog bites
• Elevator or escalator accidents
• Fires and building code violations

The property owner’s level of responsibility depends on who was injured and why they were on the property.

Who Can File a Premises Liability Claim?

Florida law categorizes visitors into three groups, and their legal rights depend on their status.

1. Invitees (Highest Protection)

Invitees are people who are lawfully on the property for business or public purposes, such as:

• Customers at a store or restaurant
• Tenants in an apartment complex
• Hotel guests
• Visitors at a public park

Property owners owe invitees the highest duty of care, which includes:

• Regularly inspecting the property for hazards
• Fixing dangerous conditions in a reasonable timeframe
• Posting warnings about known hazards (wet floor signs, broken stairs)

2. Licensees (Moderate Protection)

Licensees are social guests or individuals on the property with permission but not for business purposes, such as:

• Friends or family visiting a private home
• Utility workers performing inspections

Property owners must warn licensees of hidden dangers but are not required to inspect or repair hazards before the visit.

3. Trespassers (Lowest Protection)

Trespassers enter a property without permission and generally have no legal protection under premises liability laws.

However, property owners cannot intentionally harm trespassers. Florida law also recognizes the attractive nuisance doctrine, which protects children who enter a property due to an appealing but dangerous feature (such as an unfenced swimming pool or abandoned structure).

Common Types of Premises Liability Cases

Slip and Fall Accidents

Slip and fall accidents occur when hazards like wet floors, uneven pavement, or poor lighting cause someone to trip and suffer injuries.

To file a claim, the injured person must prove that the property owner:

• Knew or should have known about the dangerous condition.
• Failed to fix or warn about the hazard.

Negligent Security

Property owners may be liable if a visitor is assaulted or robbed due to inadequate security measures, such as:

• Lack of security cameras or alarms
• Poor lighting in parking lots or stairwells
• Broken locks or gates in apartment complexes

These cases often arise in hotels, shopping centers, and apartment buildings where violent crimes occur due to preventable security failures.

Dog Bites

Under Florida law, dog owners are strictly liable if their dog bites someone, regardless of whether the dog had a history of aggression. The injured person does not need to prove negligence, only that the bite occurred in a public place or while they were legally on private property.

Swimming Pool Accidents

Drownings and injuries can occur when pool owners fail to follow safety regulations, such as:

• Not maintaining fences or pool covers
• Failing to provide anti-slip surfaces around the pool
• Neglecting to have proper emergency equipment

Florida law requires residential pools to have barriers or alarms to prevent child drownings under the attractive nuisance doctrine.

Building Code Violations

Landlords and business owners must comply with building codes and safety regulations. Common violations include:

• Defective staircases or handrails
• Fire hazards due to missing extinguishers or blocked exits
• Electrical hazards causing shocks or fires

If an injury occurs due to failure to meet building codes, the property owner may be held responsible.

How to Prove a Premises Liability Claim in Florida

To succeed in a premises liability lawsuit, the injured party must prove:

1. The property owner had a duty of care to maintain safe conditions.
2. A hazardous condition existed on the property.
3. The property owner knew or should have known about the danger.
4. The hazard caused the injury suffered by the visitor.

Strong evidence, such as surveillance footage, witness statements, medical records, and maintenance logs, can help prove negligence.

Compensation for Premises Liability Claims

Injured victims may recover compensation for:

• Medical expenses, including surgery, rehabilitation, and therapy
• Lost wages and loss of earning capacity if the injury affects employment
• Pain and suffering due to physical pain or emotional trauma
• Disability or permanent disfigurement

In cases of extreme negligence, punitive damages may also be awarded to punish the property owner and prevent future misconduct.

What to Do After an Injury on Someone Else’s Property

1. Seek medical attention immediately to document injuries.
2. Report the incident to the property owner, landlord, or manager.
3. Take photos and videos of the accident scene and any hazards.
4. Get contact information from witnesses.
5. Avoid making statements that could be used against you.
6. Contact a premises liability attorney before speaking to insurance companies.

How a Premises Liability Attorney Can Help

Premises liability cases are often challenged by property owners and insurance companies, who argue that the victim was responsible for their injuries. An experienced attorney can:

• Investigate the accident and gather evidence proving negligence.
• Handle negotiations with insurance companies to secure fair compensation.
• File a lawsuit if the property owner refuses to offer a fair settlement.
• Ensure the claim is filed within Florida’s two-year statute of limitations for personal injury cases.

At Bonderud Law, we have helped injury victims hold negligent property owners accountable. If you were injured on someone else’s property, contact us today for a free consultation.

Conclusion

Premises liability laws in Florida require property owners to maintain safe conditions and protect visitors from preventable hazards. Whether an injury occurs in a store, apartment complex, or private home, victims may be entitled to compensation for their medical bills, lost wages, and emotional suffering.

If you have been injured due to a dangerous condition on someone else’s property, taking legal action can help you recover the compensation you deserve and hold the negligent party accountable.