What to Do If You Are Injured on Someone Else’s Property in Florida

Introduction

If you are injured on someone else’s property in Florida, you may have the right to file a premises liability claim against the property owner or manager. Whether the injury occurs at a store, restaurant, apartment complex, or private residence, property owners have a legal duty to maintain safe conditions and warn visitors of potential hazards.

This guide explains what to do after an injury on someone else’s property, how liability is determined, and how you can seek compensation for medical expenses and other damages.

Step 1: Seek Medical Attention Immediately

Even if your injuries seem minor, getting medical treatment right away is crucial for your health and your legal case. Some injuries, such as concussions or internal injuries, may not show symptoms immediately.

Medical documentation will:

• Provide proof of your injuries.
• Help establish a link between the accident and your condition.
• Prevent insurance companies from arguing that your injuries were not serious or were caused by something else.

Make sure to keep all medical records, prescriptions, and doctor’s notes related to your injury.

Step 2: Report the Incident

Notify the property owner, business manager, or landlord about the accident as soon as possible.

If the injury occurred at a business, ask for an incident report and get a copy for your records.

• Many businesses require employees to document accidents, including details of what happened and any witnesses present.

If the injury occurred at a private residence, notify the homeowner or landlord, but avoid making any statements accepting blame.

If the injury was caused by dangerous conditions in a rental property, the landlord may be responsible for failing to maintain safe living conditions.

Step 3: Gather Evidence

Strong evidence is essential for proving fault and negligence in a premises liability claim. If possible, collect the following:

• Photos and videos of the accident scene, including any hazards (wet floors, broken stairs, poor lighting).
• Contact information for witnesses who saw the accident.
• A copy of the incident report, if available.
• Clothing and shoes worn at the time of the accident (they may help prove liability).

If surveillance cameras recorded the accident, request a copy of the footage before it is deleted.

Step 4: Avoid Speaking with Insurance Adjusters

If the property owner’s insurance company contacts you, be careful about what you say.

• Do not give a recorded statement without consulting an attorney.
• Do not admit fault or downplay your injuries.
• Do not accept a settlement offer before knowing the full extent of your injuries.

Insurance companies often try to minimize payouts by blaming the victim or offering low settlements. Let your personal injury attorney handle negotiations to protect your claim.

Step 5: Determine Who Is Liable

Florida law requires property owners to keep their premises reasonably safe for visitors. However, liability depends on the visitor’s legal status and the property owner’s negligence.

Who Can Be Held Liable?

• Business owners (slip and falls in stores, restaurants, hotels).
• Landlords (hazardous conditions in rental properties).
• Homeowners (unsafe conditions at private residences).
• Government entities (injuries in public buildings or sidewalks).

The type of visitor also affects liability:

• Invitees (customers, tenants, guests at a business): Property owners owe the highest duty of care to maintain safe conditions and warn of hazards.
• Licensees (social guests, utility workers): Property owners must warn of hidden dangers but are not required to inspect for hazards.
• Trespassers: Property owners generally do not owe a duty of care, except in cases involving children and attractive nuisances (such as swimming pools).

Step 6: Proving Negligence in a Premises Liability Case

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

1. A dangerous condition existed on the property.
2. The property owner knew or should have known about the hazard.
3. The property owner failed to fix or warn about the hazard.
4. The dangerous condition caused the injury.

If the hazard existed for a long time or there were prior complaints about it, the owner may be held fully responsible.

Step 7: File a Premises Liability Claim

In Florida, injury victims typically seek compensation by:

1. Filing an insurance claim with the property owner’s liability policy.
2. Negotiating a settlement with the insurance company.
3. Filing a lawsuit if the insurance company refuses to offer fair compensation.

Florida law allows injured victims to seek damages for:

• Medical expenses (hospital bills, rehabilitation, ongoing treatment).
• Lost wages (time off work due to injuries).
• Pain and suffering (physical pain, emotional distress).
• Permanent disability (if injuries cause long-term impairment).

The statute of limitations for premises liability claims in Florida is two years from the date of injury. Waiting too long to file may result in losing the right to compensation.

Common Defenses Used by Property Owners

Property owners and insurance companies often try to deny liability by arguing:

• The hazard was obvious, and the injured person should have avoided it.
• The victim was partially at fault (e.g., distracted while walking).
• The property owner had no reasonable time to fix the hazard before the accident.

Florida follows a modified comparative negligence rule, meaning:

• If the injured person is less than 50% at fault, their compensation is reduced by their percentage of fault.
• If they are more than 50% at fault, they cannot recover damages.

A personal injury attorney can challenge these defenses and fight for maximum compensation.

How a Premises Liability Attorney Can Help

An experienced personal injury attorney can:

• Investigate the accident and gather evidence.
• Determine who is responsible for the injury.
• Negotiate with insurance companies for a fair settlement.
• Take the case to court if a settlement cannot be reached.

At Bonderud Law, we have extensive experience helping injury victims recover the compensation they deserve. If you or a loved one has been injured on someone else’s property, contact us today for a free consultation.

Conclusion

If you are injured on someone else’s property in Florida, securing compensation requires proving negligence. Taking the right steps—seeking medical attention, gathering evidence, and consulting an attorney—can help protect your claim.

Property owners and insurance companies will often fight liability, so having a skilled premises liability attorney on your side can make a significant difference in the outcome of your case.

If you have been injured in a slip and fall, unsafe premises accident, or other property-related injury, taking legal action now can help secure the compensation you deserve.