What Is Premises Liability in Florida?

Premises liability is an area of Florida personal injury law that covers injuries caused by dangerous or unsafe conditions on property. Depending on the circumstances, a property owner, business, tenant, property manager, or other party responsible for controlling or maintaining the premises may be liable when a dangerous condition injures someone.

However, simply being injured on someone else’s property does not automatically make the property owner responsible. A premises liability claim generally requires evidence connecting the injury to a dangerous condition or negligent conduct and showing that the person or entity responsible for the property failed to meet the applicable duty of care.

Florida also has specific rules for certain premises liability cases. For example, when someone slips on a temporary substance such as liquid or food in a business establishment, Florida Statute § 768.0755 requires proof that the business had actual or constructive knowledge of the dangerous condition.

If you were injured because of an unsafe condition on another person’s property, a Fort Lauderdale premises liability lawyer can investigate what happened and determine who may be legally responsible.

How Does Premises Liability Work in Florida?

Premises liability is based on the responsibilities that people and businesses have when they own, occupy, operate, or control property.

Those responsibilities can include taking reasonable steps to maintain the property, correcting dangerous conditions, or warning lawful visitors about hazards when the circumstances require it.

The exact duty depends on factors such as:

• Who owned or controlled the property
• Why the injured person was on the property
• What condition caused the injury
• Whether the responsible party knew or should have known about the danger
• Whether the condition could reasonably have been corrected or a warning provided
• Whether the injured person also contributed to the accident

That is why premises liability is broader than slip-and-fall law. Falls are common premises cases, but unsafe property can cause injuries in many other ways.

What Are Examples of Premises Liability Cases?

A premises liability claim can arise from many types of unsafe conditions, including:

• Wet or slippery floors
• Food, liquids, or other substances left in store aisles
• Broken or uneven flooring
• Dangerous stairs or missing handrails
• Potholes or unsafe parking lots
• Poor lighting
• Falling merchandise or objects
• Unsecured structures or fixtures
• Unsafe balconies, decks, or railings
• Swimming pool hazards
• Elevator or escalator defects
• Unsafe walkways or entrances
• Negligent maintenance or repairs
• Certain injuries caused by inadequate security

An accident does not, by itself, establish liability. The circumstances surrounding the hazard, the party responsible for the property, and what that party knew or reasonably should have known can all affect the claim.

For cases involving falls specifically, see Winston Law Firm’s Fort Lauderdale slip-and-fall lawyer page.

Who Can Be Responsible for a Premises Liability Injury?

The property owner is not necessarily the only party that may be responsible.

Depending on who controlled the area and who was responsible for the dangerous condition, potentially responsible parties may include:

• A property owner
• A commercial business
• A landlord
• A tenant
• A property management company
• A maintenance or cleaning contractor
• A security company
• Another company responsible for a particular area of the premises

For example, a property owner may own a shopping center while individual businesses lease and control particular stores. A separate contractor might handle cleaning or maintenance. Determining who controlled the area where an injury occurred can therefore be an important part of the investigation.

What Do You Have to Prove in a Florida Premises Liability Case?

The specific elements depend on the type of accident, but a premises liability case generally involves showing that:

• The defendant owed the injured person an applicable legal duty
• A dangerous condition or negligent act existed
• The defendant failed to exercise the level of care required under the circumstances
• That failure caused or contributed to the accident
• The injured person suffered legally compensable damages

Knowledge of the hazard can also be a critical issue. In many cases, the dispute is not whether a dangerous condition existed but whether the responsible party knew about it, should reasonably have discovered it, or had enough time and opportunity to correct it or provide a warning.

Florida law applies a particularly specific knowledge requirement to slips and falls involving temporary substances in business establishments.

How Are Florida Slip-and-Fall Cases Different?

Florida Statute § 768.0755 applies when a person slips and falls on a transitory foreign substance in a business establishment.

Examples include spilled drinks, water, food, oil, or other temporary substances on the floor.

In these cases, the injured person must prove the business had actual or constructive knowledge of the dangerous condition and should have acted to remedy it.

Actual knowledge can exist when the business or its employees knew about the hazard.

Florida law allows constructive knowledge to be established through circumstantial evidence showing that:

• The dangerous condition existed long enough that the business should have known about it through the exercise of ordinary care; or
• The condition occurred regularly enough that it was foreseeable.

This rule matters because proving only that a substance was on the floor and caused a fall is not necessarily enough to establish liability.

It is also important not to apply § 768.0755 to every premises liability accident. The statute specifically addresses transitory foreign substances in business establishments. Other dangerous-property claims may involve different legal duties and evidence.

Does Your Reason for Being on the Property Matter?

Yes. The circumstances under which someone enters property can affect the duty owed to that person.

Customers, invited guests, tenants, contractors, and people entering property without permission do not necessarily have identical legal rights under Florida premises liability law.

For example, Florida has specific statutory rules limiting liability for injuries to trespassers. Under Florida Statute § 768.075, property owners and others controlling real property generally owe substantially more limited duties to trespassers, subject to statutory exceptions and Florida’s rules concerning matters such as discovered trespassers and the attractive nuisance doctrine.

Because the applicable duty can depend on why the injured person was on the property and what the responsible party knew, visitor status should be evaluated based on the specific facts rather than assumed.

What Evidence Is Important in a Premises Liability Case?

Unsafe conditions can disappear quickly. A spill may be cleaned, broken flooring repaired, merchandise moved, surveillance footage overwritten, or a dangerous area changed shortly after an accident.

Potentially important evidence can include:

• Photographs and video of the dangerous condition
• Surveillance footage
• Incident reports
• Witness names and statements
• Inspection records
• Cleaning and maintenance logs
• Repair records
• Prior complaints or reports of similar hazards
• Employee testimony
• Lease or property-management agreements
• Medical records documenting the resulting injuries

What happened immediately after the accident can also matter. When possible, report the incident to the property owner, manager, or business, and document the dangerous condition before it changes.

Winston Law Firm explains why early evidence preservation matters on our preservation of evidence page.

What If You Were Partly Responsible for the Accident?

Florida’s comparative fault rules can affect a premises liability claim when both the injured person and another party are found partly responsible.

For negligence actions covered by Florida Statute § 768.81, damages can be reduced according to the injured person’s percentage of fault.

Under Florida’s modified comparative fault rule, a claimant found more than 50% responsible for their own harm generally cannot recover damages in a covered negligence action.

For example, a property owner might argue that the dangerous condition was open and obvious, that warning signs were present, or that the injured person was not paying reasonable attention. Those arguments do not automatically decide the case, but they can make evidence about the property, warnings, visibility, and the accident circumstances especially important.

What Compensation May Be Available in a Premises Liability Case?

If another party is legally responsible for an injury on unsafe property, recoverable damages depend on the facts and severity of the injuries.

Potential damages may include:

• Medical expenses
• Future medical treatment
• Lost income
• Reduced future earning capacity
• Pain and suffering when legally recoverable
• Disability or physical limitations
• Scarring or disfigurement
• Other accident-related economic and non-economic losses

A serious premises accident can involve injuries such as fractures, head injuries, spinal injuries, torn ligaments, or other conditions requiring surgery or extended rehabilitation.

The value of a claim depends on evidence of both liability and damages, not the type of accident alone.

How Long Do You Have to File a Premises Liability Lawsuit in Florida?

Florida generally provides a two-year statute of limitations for negligence actions under Florida Statute § 95.11.

Because many premises liability claims are negligence actions, the two-year period is often relevant. However, the applicable deadline can vary depending on the type of claim, when it accrued, the defendant involved, and other circumstances.

Claims involving government property may also require additional notice or procedural steps.

Even when the legal deadline appears to be years away, waiting can make a premises liability case more difficult because physical conditions change and records or surveillance footage may no longer be available.

Frequently Asked Questions About Florida Premises Liability

What does premises liability mean?

Premises liability is the area of law addressing injuries caused by dangerous or unsafe conditions on property. A property owner, business, occupier, manager, or another responsible party may be liable when negligence involving the property causes an injury.

Is a property owner automatically responsible if I get hurt on their property?

No. An injury occurring on someone else’s property does not automatically establish liability. The injured person generally must show that the property owner breached the applicable legal duty and that the dangerous condition or negligent conduct caused the injury.

What are common premises liability accidents?

Common cases include slip-and-fall and trip-and-fall accidents, unsafe stairs, broken handrails, poorly maintained walkways, falling objects, parking lot hazards, swimming pool accidents, elevator or escalator incidents, and certain negligent-security claims.

What is the difference between premises liability and a slip-and-fall case?

Slip-and-fall cases are one type of premises liability claim. Premises liability is broader and includes many other injuries caused by unsafe property conditions. Florida also has a specific statute governing slips and falls on transitory foreign substances in business establishments.

What must I prove if I slipped on a spill inside a Florida business?

Under Florida Statute § 768.0755, a person who slips on a transitory foreign substance in a business establishment must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

Can someone other than the property owner be responsible?

Yes. Depending on who controlled or maintained the property, potentially responsible parties can include tenants, businesses, property managers, maintenance contractors, cleaning companies, or other entities responsible for the area where the injury occurred.

Can I recover damages if I was partly at fault?

Possibly. Florida’s comparative fault law generally reduces damages according to the claimant’s percentage of responsibility. In covered negligence actions, a claimant found more than 50% responsible for their own harm generally cannot recover damages.

How long do I have to file a premises liability lawsuit in Florida?

Florida generally provides a two-year limitations period for negligence actions. Different deadlines or additional requirements can apply depending on the defendant and the circumstances, so the specific filing deadline should be evaluated for each case.

Talk With a Fort Lauderdale Premises Liability Lawyer

Premises liability cases often turn on details that can disappear quickly: how long a hazard existed, who controlled the property, what inspections were performed, whether warnings were provided, and what surveillance or maintenance records exist.

Winston Law Firm has represented injured Floridians since 1989. If you were injured because of an unsafe condition at a store, apartment complex, restaurant, parking lot, private property, or another location, a Fort Lauderdale premises liability lawyer at Winston Law Firm can review what happened and explain your legal options.

Contact Winston Law Firm or call (954) 475-9666 for a free consultation.