An injury caused by dangerous conditions on another person’s property can leave you feeling exposed, shaken, and unsure about what to do next. Premises liability accidents in Florida occur when property owners fail to maintain a safe environment, leading to injuries that could have been prevented. Unintentional injuries in Florida are a significant concern, with falls being the leading cause of non-fatal injury-related hospital admissions. Whether it’s a wet floor, poor lighting, or uneven surfaces, these hazards can cause significant physical, emotional, and financial strain. Understanding your rights after such an incident is a vital step toward regaining control and seeking the justice you deserve.

Florida property owners are legally obligated to keep their premises safe for visitors. When this duty of care is neglected, serious accidents can happen, ranging from broken bones and head injuries to long-term disabilities. As one of the leading states for tourism and activity, Florida sees its fair share of premises liability cases, making it essential for victims to know how to navigate these situations.

If you’ve been injured, your priority should be recovery and regaining your strength. Imagine having a trusted advocate who will passionately fight for your rights and put your needs first. At Brandon J. Broderick, Attorney at Law, we are dedicated to providing exceptional client care. That means offering a supportive experience without unnecessary legal jargon, pressure, or stress. With our team by your side, you can focus on healing while we handle the rest.

We are dedicated to advocating for your well-being and understand how challenging this time can be. Having supported many individuals in similar circumstances, we’re here to assist you in seeking justice if your injury was caused by the property owner’s negligence.

When you work with a Florida premises liability lawyer from Brandon J. Broderick, Attorney at Law, you won’t pay anything upfront. Our contingent fee structure means we only get paid if we win your case. Contact us today and let us help turn your setback into a comeback.

Below are answers to some of the most common questions we hear regarding premises liability claims:

Do I Need a Lawyer for a Premises Liability Case in Florida?

Having an experienced attorney can significantly improve your chances of a favorable outcome. Premises liability cases can be complex, often involving detailed investigations, negotiations with insurance companies, and strict legal deadlines. An attorney’s expertise ensures that your case is handled correctly and that your rights are fully protected.

With Decades of Experience, We Handle Complex Negotiations and Court Proceedings

A lawyer at Brandon J. Broderick can help by gathering critical evidence, such as photographs, witness statements, and maintenance records, to prove the property owner’s negligence. They can also assess the value of your claim, ensuring that you pursue compensation for both your immediate financial losses and the long-term impact of your injuries. Insurance companies often attempt to minimize payouts or deny claims altogether. Our team will manage all interactions and, if necessary, take your case to trial and do everything possible to win.

Your Losses Should Be Fully Compensated

Serious injuries caused by hazardous conditions on someone else’s property can result in ongoing medical needs and financial strain, particularly if you’re unable to work. Whether your injuries lead to permanent disability or temporary limitations that affect your quality of life, you deserve compensation for all your losses—not just immediate medical costs. Our Florida attorneys at Brandon J. Broderick are dedicated to pursuing the maximum settlement to help you move forward.

What is Considered a Premises Liability Accident in Florida?

Premises liability accidents in Florida occur when a person is injured due to unsafe or hazardous conditions on someone else’s property. These cases fall under personal injury law and require proving the property owner's negligence. Below are common scenarios that constitute a premises liability accident:

Slip and Fall Accidents

Slippery floors, uneven surfaces, or misplaced objects can cause a person to fall and sustain injuries. These are among the most common premises liability cases.

Poor Maintenance

Broken stairs, malfunctioning elevators, or damaged handrails can lead to accidents, especially when property owners fail to address these issues promptly.

Inadequate Security

Injuries resulting from criminal activities, such as assaults or robberies, may qualify as premises liability if the property owner failed to provide adequate security measures like lighting or surveillance.

Swimming Pool Accidents

In Florida, pools must comply with specific safety standards. Lack of proper fencing, supervision, or maintenance can lead to serious injuries or drowning incidents.

Construction Site Accidents

Navigating workplace accidents can be challenging, particularly on construction sites where multiple parties may be responsible for various safety measures and equipment.

Toxic Exposure

Workers may encounter various toxic chemicals that can cause severe injuries, while residents in a dwelling might be exposed to harmful substances like lead in water or paint, leading to disabilities and serious harm. In such cases, the property owner, business owner, or operator may be held liable for ensuring the safety of the premises.

Amusement or Recreational Sport Parks

Amusement parks and other recreational facilities come with inherent risks. Even if you signed a liability waiver, there are situations where the business or property owner may still be negligent in their operations or safety precautions.

Dog Bites

If a property owner’s pet attacks a visitor on their premises, it can also fall under premises liability.

For a claim to succeed, it must be proven that the property owner knew or should have known about the hazard and failed to address it. Understanding these scenarios can help victims take the first steps toward pursuing compensation for their injuries.

What Steps Should I Take If I Have Been Injured on Someone Else's Property in Florida?

Being injured on someone else’s property can be a distressing experience. Whether it’s a slip-and-fall or another type of accident caused by unsafe conditions, taking the right steps immediately after the incident can help protect your health and legal rights. Following these steps will also strengthen your premises liability claim if you decide to pursue compensation.

  • Seek Medical Attention: Your health should be the top priority. Even if your injuries seem minor, consult a medical professional to document the harm and ensure proper treatment.
  • Report the Incident: Notify the property owner, manager, or person in charge as soon as possible. Request that an incident report be created and ask for a copy for your records.
  • Document the Scene: Take photos or videos of the hazardous condition that caused your injury, such as a wet floor or uneven pavement. Capture your injuries and the surrounding area as well.
  • Collect Witness Information: Obtain contact details from anyone who witnessed the accident or knew about the hazardous condition beforehand. Their testimony can support your claim.
  • Preserve Evidence: Keep any physical evidence, such as damaged clothing or footwear, which can demonstrate the severity of the accident.
  • Avoid Speaking with Insurers: Refrain from giving statements to the property owner’s insurance company before consulting an attorney, as they may use your words to weaken your claim.
  • Keep Detailed Records: Document all expenses and losses, including medical bills, missed work, and the emotional impact of the accident.
  • Consult an Attorney: Speak with a premises liability lawyer to understand your legal options and ensure you meet Florida’s statute of limitations, which is generally four years from the date of the accident.

Taking these steps not only protects your rights but also lays the foundation for a strong legal case. Acting quickly and gathering evidence ensures you can hold the property owner accountable for their negligence.

What Compensation Can I Receive After a Premises Liability Accident in Florida?

Suffering an injury due to unsafe conditions on someone else’s property can have significant physical, emotional, and financial impacts. In Florida, premises liability laws allow victims to pursue compensation for these losses. Understanding the different types of damages available economic, non-economic, and punitive can help you grasp the full scope of what you may recover and how each type addresses unique aspects of your suffering.

  • Economic Damages: These cover measurable financial losses resulting from the accident. Examples include medical expenses, such as hospital bills, physical therapy, and prescription medications. You may also recover compensation for lost wages if your injury prevents you from working, as well as loss of earning capacity if you can no longer work at the same level as before. Property damage, such as broken personal belongings during the accident, can also be included.
  • Non-Economic Damages: These compensate for intangible losses that are harder to quantify. Pain and suffering, emotional distress, and loss of enjoyment of life are common examples. For instance, if your injury limits your ability to engage in activities or hobbies you previously enjoyed, you may receive compensation for the diminished quality of life. Additionally, you might claim loss of consortium if the injury negatively affects your relationship with a spouse or family member.
  • Punitive Damages: In rare cases where the property owner’s actions were especially reckless or intentional, the court may award punitive damages. Unlike economic and non-economic damages, punitive damages aim to punish the defendant and deter similar conduct in the future.

Understanding the distinctions between these types of compensation is critical to fully recovering from the effects of your injury. By pursuing both economic and non-economic damages, you can address immediate financial needs and the broader emotional toll of the accident. If you’ve suffered a premises liability injury in Florida, consulting an experienced attorney can help ensure you receive the compensation you’re entitled to for all aspects of your recovery.

How Do I Prove Negligence in a Premises Liability Case?

To succeed in a premises liability case, the injured party must demonstrate that the property owner was negligent in maintaining or managing the property. However, not every injury on someone’s property indicates negligence and an unsafe condition alone does not automatically establish fault. To prove negligence, you must show that the property owner knew or should have reasonably known about the hazardous condition and failed to take appropriate steps to address it.

This requires establishing four key elements of negligence:

Duty of Care

In legal terms, "duty" refers to the responsibility of a property owner to maintain a safe environment for individuals on their property. In Florida, the property owner's duty of care varies based on the visitor’s purpose for being on the premises. Under Florida law, there are three categories of visitors:

  • Invitees: Property owners owe the highest duty of care to invitees, such as customers or guests, by ensuring the premises are safe and conducting regular inspections.
  • Licensees: Individuals with permission to be on the property, such as party guests or visiting family members, are owed a duty of care by property owners. Property owners must warn them of any known hazards that the visitor might not easily recognize. For instance, homeowners should provide safety warnings and install fencing around swimming pools, as these are considered hazardous conditions.
  • Trespassers: Property owners owe a limited duty to avoid intentionally causing harm, except in cases involving children and attractive nuisances like pools.

Breach of Duty

After establishing that the property owner owed a duty of care to the visitor, it must be proven that the owner or operator breached that duty. This involves demonstrating that the property owner acted negligently by failing to:

  • Keep the property in a safe condition,
  • Address a known hazard, and/or
  • Warn visitors about the hazard.

In some cases, property owners may argue they were unaware of the hazard. In such situations, the injured party must show that the owner reasonably should have known about the dangerous condition.

Causation

It must be shown that the property owner’s breach of duty directly caused your injury. For example, if a broken stair caused you to fall, you must link the hazard to the accident and resulting injury.

Damages

The final element of negligence is damages, which refers to the compensation for the injury. Damages may include medical expenses for treatment and rehabilitation, lost wages during recovery, and non-economic losses such as pain and suffering. For severe or permanent injuries, determining the value of a claim often requires expert testimony to assess future lost income and ongoing medical care needs.

What is Notice in Premises Liability Cases?

In premises liability cases, notice refers to the property owner’s awareness of a hazardous condition that led to the plaintiff's injury. To establish liability, it must be proven that the property owner knew about the dangerous condition or should have reasonably known about it and failed to take appropriate action to fix it or warn others.

Types of Notice

Actual Notice

Actual notice occurs when the property owner or their employees were explicitly aware of the hazard. For example:

  • A store manager was informed by customers about a spill but failed to clean it up.
  • An employee saw a broken handrail but did nothing to repair or warn visitors.

Constructive Notice

Constructive notice applies when the hazard existed for such a length of time that the property owner should have discovered it during regular inspections. Evidence of constructive notice includes:

  • The dangerous condition was visible and apparent (e.g., a spill that dried over time).
  • The hazard was present for long enough that a reasonable inspection would have uncovered it.

Understanding the concept of notice is key in premises liability cases, as it directly impacts the property owner’s accountability. By proving the owner knew or should have known about the hazardous condition, you strengthen your compensation claim.

What Evidence Do I Need for a Successful Premises Liability Claim?

To pursue a successful premises liability claim, you must present compelling evidence proving the property owner’s negligence caused your injury. Florida law requires demonstrating that the property owner knew or should have known about the hazardous condition and failed to address it. Below is a list of essential evidence to strengthen your case:

  1. Photographic and Video Evidence: Visual documentation of the accident scene is essential. Take clear photos or videos of the hazardous condition (e.g., a spill, broken stairs, or poor lighting), your injuries immediately after the accident, and any signage or lack thereof, such as missing warning signs.
  2. Witness Testimony: Eyewitness accounts can corroborate your story. Collect contact information from people who witnessed the accident or individuals aware of the hazardous condition before your accident, such as employees or other visitors.
  3. Incident Reports: Report the accident to the property owner or manager immediately. Request a copy of any incident report they file, as this is the official documentation of the event.
  4. Medical Records: Comprehensive medical documentation is critical for proving the extent of your injuries and linking them to the accident. Include emergency room records, doctor’s notes and treatment plans, and receipts for medications, therapy, or assistive devices.
  5. Maintenance and Inspection Records: If accessible, these records can show whether the property owner regularly inspected or maintained the premises. A lack of proper maintenance can indicate negligence.
  6. Surveillance Footage: If the property has security cameras, request access to the footage. This can capture the accident, the hazardous condition, or the time the condition existed before the accident.
  7. Expert Opinions: Experts, such as safety inspectors, engineers, or medical professionals, can provide critical insights to support your claim, including how the hazardous condition violated safety standards or the long-term impact of your injuries.
  8. Personal Notes: Write down your recollection of the accident as soon as possible. Include details like the date, time, location, and how the injury has affected your daily life.

Why Evidence Matters in Florida Premises Liability Cases

Florida follows a comparative negligence system, meaning your compensation can be reduced if you’re found partially at fault. Solid evidence can demonstrate the property owner’s negligence and minimize any blame attributed to you. By gathering and preserving the right evidence, you can build a strong case and maximize your chances of receiving fair compensation.

Can I File a Claim if I Was Partially at Fault for the Accident in Florida?

Yes, you can file a claim even if you were partially at fault for a premises liability accident in Florida. Florida follows a comparative negligence system, which means your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found 20% at fault for the accident and awarded $10,000 in damages, your compensation would be reduced by 20%, leaving you with $8,000.

The comparative negligence rule allows injured parties to seek compensation even when they share responsibility for the accident. Factors that might contribute to shared fault include not paying attention to warning signs, wearing unsafe footwear, or entering a restricted area. However, the property owner must still be primarily negligent for the hazardous condition that caused your injury.

To strengthen your case and minimize your assigned fault, you should provide evidence showing the property owner’s negligence, such as photographs, witness statements, or maintenance records. Consulting with an experienced premises liability attorney is essential in these situations, as they can help you present a strong case and ensure you receive fair compensation despite shared fault.

How Long Do I Have to File a Premises Liability Claim in Florida?

If you’ve been injured in a premises liability accident in Florida, it’s important to act quickly to protect your legal rights. Florida law generally gives victims two years from the date of the accident to file a premises liability lawsuit. This time limit, known as the statute of limitations, is strictly enforced. Failing to file within this period typically results in losing the right to pursue compensation for your injuries.

Acting promptly not only ensures you meet the legal deadline but also helps preserve critical evidence, such as photographs, witness statements, and surveillance footage, which can be harder to obtain over time. To avoid missing this important deadline and to strengthen your case, it’s recommended to consult with an experienced premises liability attorney as soon as possible. An attorney can guide you through the legal process and help you meet all necessary deadlines to secure the compensation you deserve.

What Are Common Premises Liability Injuries After an Accident in Florida?

Premises liability accidents can result in a wide range of injuries, some of which may have long-term consequences. The severity of these injuries depends on factors like the type of hazard, the impact of the accident, and the victim’s physical condition. Below are some of the most common injuries sustained in Florida premises liability cases:

  • Slip and Fall Injuries: Falls can lead to fractures, sprains, and dislocations, especially in areas with wet floors, uneven surfaces, or poor lighting. Hip fractures and wrist injuries are particularly common in older adults.
  • Head and Traumatic Brain Injuries (TBI): A hard impact from falling or being struck by an object can cause concussions, skull fractures, or brain trauma, leading to cognitive impairment, memory loss, and long-term neurological complications.
  • Spinal Cord Injuries: Serious falls or impacts can damage the spinal cord, potentially leading to partial or full paralysis. These injuries often require extensive medical treatment and rehabilitation.
  • Lacerations and Bruises: Sharp objects, broken glass, or unsafe surfaces can cause deep cuts and bruising, sometimes leading to infections or permanent scarring.
  • Burns and Electrical Injuries: Faulty wiring, exposed electrical components, or poorly maintained heating systems can result in severe burns or electrical shocks, potentially causing nerve damage or organ failure.
  • Drowning and Near-Drowning Incidents: Unfenced pools, lack of lifeguards, or inadequate warnings about water hazards can lead to drowning accidents, especially involving children.
  • Toxic Exposure Injuries: Exposure to hazardous substances like mold, asbestos, lead, or toxic chemicals can result in respiratory issues, poisoning, or long-term health complications.
  • Crush Injuries and Broken Bones: Falling objects, structural collapses, or malfunctioning elevators and escalators can cause fractures, internal bleeding, or severe limb injuries.

The type of injury sustained in a premises liability accident can significantly impact a victim’s ability to work, their quality of life, and their financial stability. Seeking prompt medical attention and legal guidance can help victims understand their options for recovery and compensation.

Brandon J. Broderick, Attorney at Law, Fights for Florida Premises Liability Accident Victims. Your Recovery Is Our Priority

The success of Brandon J. Broderick’s law firm is rooted in our compassionate approach to clients and their needs. This has earned us a reputation as one of Florida's most trusted premises liability lawyers. With decades of experience in personal injury law, our attorneys are equipped to handle even the most challenging personal injury and accident cases, ensuring successful outcomes. We are dedicated to standing by our clients' sides, helping them recover after an injury.

We have multiple office locations across Florida. We are always ready to assist you and your family. Contact us today for a free consultation day or night. We look forward to working with you and providing the support that you need during this difficult time.

Premises Liability

Still have questions?

Call now and be done