When visiting a business, public venue, or private property in Florida, individuals expect a safe environment. Unfortunately, hazards can arise due to poor maintenance or negligence, leading to injuries. If you've been harmed on someone else's premises, you may have grounds for a premises liability lawsuit. Understanding Florida's legal framework, including the state's modified comparative negligence rule, can clarify whether you have a valid claim.

What Is Premises Liability?

Premises liability is a property owner's legal duty to maintain safe conditions for visitors. If hazards exist and an individual is injured, the owner may be held responsible. Common premises liability claims include:

• Slip and fall incidents (e.g., wet floors, uneven pavement, poor lighting)
• Negligent security (e.g., inadequate lighting, lack of security personnel, or broken locks in high-risk areas)
• Swimming pool accidents (e.g., lack of barriers, unsafe water conditions, or missing safety equipment)
• Dog bites and animal-related injuries
• Defective property conditions (e.g., faulty stairs, collapsing structures, exposed wiring)
• Toxic exposure (e.g., mold, asbestos, or chemical leaks)

Who Can Pursue a Premises Liability Claim in Florida?

Florida law categorizes visitors into three groups, which determine the level of care property owners must provide:

Invitees – Individuals on the property for business purposes, such as store customers. Owners owe invitees the highest duty of care, requiring routine inspections and prompt hazard removal.

Licensees – Social guests or individuals present with permission for non-commercial reasons. Owners must warn them of known dangers but are not required to inspect for hazards.

Trespassers – Individuals entering without permission. Generally, owners owe no duty of care, except to avoid intentional harm. However, if an owner is aware of frequent trespassing, they may be required to post warnings about known hazards.

Proving Negligence in a Florida Premises Liability Case

To be successful in a premises liability case, the injured party needs to demonstrate:

• Duty of care – The property owner had a legal obligation to maintain safe conditions.
• Breach of duty – The owner failed to address or warn about a dangerous condition.
• Causation – The hazardous condition directly led to the injury.
• Damages – The injured party suffered measurable harm, such as medical expenses, lost income, or pain and suffering.

Florida's Modified Comparative Negligence Rule

Florida follows a modified comparative negligence standard, which affects how damages are awarded. Under this rule, an injured party is able to recover compensation only if they are less than 51% at fault for the accident. If a court finds the victim partially responsible, their compensation will be lowered proportionally to their share of the fault. For example, if a plaintiff is found 20% at fault for their injuries, their total award would be reduced by 20%.

Common Defenses in Premises Liability Cases

Property owners often use various legal defenses to limit liability, including:

• Lack of knowledge – Claiming they were unaware of the hazard and had no reasonable opportunity to fix it.
• Open and obvious danger – Arguing the hazard was clearly visible and should have been avoided.
• Comparative negligence – Asserting the injured party's actions contributed to the accident, reducing or eliminating liability.
• No duty owed – If the victim was trespassing, the owner may argue they had no legal obligation to ensure safety.

Statute of Limitations for Premises Liability Claims in Florida

Under Florida law, most premises liability claims must be filed within two years from the date of the injury. Missing this deadline often results in a loss of the right to seek compensation. However, exceptions exist, such as claims involving minors or government entities, which may have different filing deadlines.

Compensation in a Premises Liability Case

Successful claims may result in compensation for:

• Medical expenses (emergency care, surgery, rehabilitation, medications)
• Lost wages (including reduced earning capacity if injuries affect long-term employment)
• Pain and suffering (chronic pain, emotional distress and diminished quality of life)
• Property damage (if personal belongings were damaged)
• Punitive damages (awarded in cases of negligence or reckless disregard for safety)

Steps to Take After a Premises Liability Injury

If you sustain an injury on someone else's property, taking the right steps can strengthen your case:

1. Report the Incident – Notify the property owner, manager, or relevant authority and request an incident report.
2. Document the Scene – Take many photos and videos of the hazard before it is addressed or removed.
3. Collect Witness Information – Obtain statements and contact details from anyone who saw the accident.
4. Seek Medical Attention – Even if your injuries seem minor, medical records provide critical evidence.
5. Preserve Evidence – Keep clothing, footwear, or other items involved in the incident.
6. Consult a Premises Liability Lawyer – An experienced attorney can evaluate your case, gather evidence, and negotiate with insurance companies.

Conclusion

Premises liability lawsuits in Florida require proving that a property owner's direct negligence led to an injury. The state's modified comparative negligence rule means that if you are found more than 50% at fault, you may not recover damages.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.