Florida Premises Liability FAQs

Florida premises liability law can apply when someone is injured because of a dangerous condition on property owned, occupied, managed, or controlled by another person or business. These cases can involve slip and falls, trip and falls, unsafe stairs, inadequate maintenance, negligent security, swimming pool accidents, falling objects, hotel accidents, apartment complex injuries, and many other dangerous property conditions.

The Florida premises liability lawyers at the Law Offices of Jason Turchin represent people who have suffered serious injuries on commercial, residential, and other properties throughout Florida.

Below are answers to frequently asked questions about Florida premises liability claims. Every accident is different, so these answers provide general information rather than a determination of whether a particular person has a claim.

What is premises liability?

Premises liability generally refers to legal responsibility for injuries caused by a dangerous or unsafe condition on property. Depending on the circumstances, a property owner, business, property manager, tenant, maintenance company, security contractor, or another party responsible for the property could potentially be liable.

A premises liability claim may require evidence showing that a dangerous condition existed, that the defendant owed the injured person a legal duty, that the defendant breached an applicable duty, and that the dangerous condition or breach caused the person’s injuries and resulting damages.

The precise duty can depend on the type of property, why the injured person was there, the nature of the dangerous condition, and other circumstances.

What are examples of premises liability cases in Florida?

Premises liability is much broader than slip and fall accidents. Potential claims can include:

• Slip and fall accidents
• Trip and fall accidents
• Wet or slippery floors
• Potholes and broken pavement
• Uneven sidewalks and walkways
• Unsafe stairs or handrails
• Elevator and escalator accidents
• Falling merchandise or objects
• Swimming pool accidents
• Hotel and resort injuries
• Apartment complex accidents
• Restaurant accidents
• Shopping center and retail store injuries
• Parking lot and parking garage accidents
• Negligent maintenance claims
• Dangerous property conditions
• Negligent security claims involving criminal attacks
• Serious injuries caused by inadequate lighting or security
• Wrongful death caused by an allegedly dangerous property condition

What do I have to prove in a Florida premises liability case?

There is no single test that applies identically to every premises liability case. Generally, an injured person may need to establish that the defendant owed a legal duty, breached that duty, and caused an injury resulting in legally recoverable damages.

One of the most important issues is often notice. Depending on the type of dangerous condition, a case may involve whether the property owner or business created the condition, actually knew about it, or should have discovered it through reasonable inspection or maintenance.

The evidence necessary to prove notice can vary substantially depending on how the accident happened.

What does “actual or constructive notice” mean?

Actual notice generally means there is evidence that a business or responsible party actually knew about a dangerous condition.

Constructive notice can involve circumstances where a dangerous condition existed long enough that it reasonably should have been discovered or where a condition occurred with sufficient regularity that it was foreseeable.

For example, in certain Florida slip and fall cases involving a transitory foreign substance at a business establishment, the injured person must generally prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

Evidence such as surveillance video, photographs, footprints, track marks, employee testimony, inspection records, cleaning records, prior complaints, and evidence of recurring problems may become important.

What should I do after being injured on someone else’s property?

First, obtain appropriate medical attention. If possible, you should also consider taking steps to preserve evidence because dangerous conditions can disappear quickly.

Depending on the circumstances, useful steps can include:

1. Report the accident to the property owner, manager, or appropriate employee.
2. Photograph and video the condition that caused the accident before it is changed or repaired.
3. Take wider photographs showing the surrounding area.
4. Get the names and contact information of witnesses.
5. Photograph your injuries.
6. Keep the shoes and clothing you were wearing.
7. Save receipts or other evidence establishing why you were on the property.
8. Keep medical records and documentation of expenses.
9. Avoid guessing about facts you do not know when describing the accident.

Surveillance footage can be particularly important in premises liability cases. Businesses do not necessarily retain video indefinitely, which is one reason serious accidents should be investigated promptly.

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

The deadline depends on when the accident occurred, the defendant, the legal theory, and other circumstances.

For many Florida negligence claims arising from incidents occurring on or after March 24, 2023, the limitations period is generally two years. Different rules may apply to older accidents and to particular types of defendants or claims.

Claims involving a state or local government can also involve special presuit notice requirements and procedures. Other circumstances may create different deadlines.

Because missing an applicable deadline can prevent a claim from proceeding, it is safer to have the deadline evaluated based on the specific accident rather than relying on a general limitations period found online.

I slipped on water or another substance in a Florida store. Do I have a case?

Possibly. Florida has a specific law governing certain slip and fall claims involving a transitory foreign substance in a business establishment.

The injured person generally must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge can potentially be established through circumstantial evidence that the condition existed long enough that the business should have known about it or that the condition occurred with sufficient regularity to be foreseeable.

This can make evidence extremely important. The appearance of the substance, footprints, shopping cart tracks, dirt, drying patterns, surveillance footage, inspection procedures, employee testimony, and evidence of recurring leaks or spills could potentially become relevant.

What if I tripped over a pothole, broken sidewalk, or uneven walkway?

A trip and fall claim may require evidence concerning what caused the fall, how long the condition existed, whether the responsible party knew or should have known about it, whether the condition was dangerous, and whether appropriate repairs or warnings should have been provided.

Photographs showing the condition as it existed at the time of the accident can be particularly important. Measurements and photographs taken from multiple angles may also help document an elevation difference, hole, crack, or other condition.

Can I bring a premises liability claim against an apartment complex?

Potentially. Apartment complex cases can involve unsafe stairs, walkways, balconies, elevators, swimming pools, parking lots, lighting, maintenance problems, and other property conditions.

Some cases involve allegations of inadequate security following a violent criminal act. Florida law contains specific provisions affecting certain premises liability claims involving criminal acts by third parties, including provisions applicable to multifamily residential properties.

These claims can be legally and factually complicated and should be evaluated based on the particular property and incident.

What is a negligent security claim?

A negligent security claim can arise when someone is attacked, sexually assaulted, shot, or otherwise injured by criminal activity on another person’s property and there is an alleged legal basis for holding a property owner or another responsible party liable.

Potential issues may include the type of property, security measures, prior criminal activity, lighting, locks, gates, security personnel, access controls, and other circumstances.

Florida law concerning premises liability for criminal acts has undergone significant changes, so these cases require individualized analysis.

Can I bring a premises liability claim if I was injured at a hotel or resort?

Potentially. Florida hotels and resorts host millions of residents and visitors. Claims may involve falls, unsafe stairs, swimming pools, elevators, balconies, furniture, restaurants, inadequate maintenance, or other dangerous conditions.

If you were injured while visiting Florida, our Florida tourist accident lawyers can evaluate whether a claim may exist.

What if I was injured at a theme park?

A theme park injury can potentially involve premises liability, ordinary negligence, or another area of law depending on how the accident occurred. An injury might involve a walkway, restaurant, attraction, ride, stairway, escalator, wet floor, equipment, or another condition.

The fact that an accident occurred at a theme park does not automatically make the park responsible. Evidence concerning what happened and why it happened generally needs to be investigated.

What if I was injured in Florida but live in another state?

You may still be able to pursue a Florida premises liability claim even if you returned home after the accident.

Our firm regularly represents people who were injured while vacationing or traveling in Florida but live elsewhere. Much of the claim and litigation process can often be handled through telephone calls, video conferences, email, electronic documents, and coordination with medical providers near the client’s home.

Whether you eventually need to return to Florida depends on the circumstances and how the case develops.

Do I need a Florida lawyer if I was injured while vacationing in Florida?

If a lawsuit arising from a Florida accident needs to be filed in Florida, representation generally needs to comply with Florida’s rules governing who may practice law in the state and before the particular court.

For someone who lives outside Florida, hiring a Florida personal injury lawyer can also provide practical advantages because the lawyer is familiar with Florida premises liability law, Florida courts, and issues that frequently arise in claims against Florida businesses and property owners.

Who can be responsible for an injury on someone else’s property?

The answer depends on who owned, occupied, maintained, managed, or controlled the area where the accident occurred.

Potential defendants could include:

• A property owner
• A business operating on the property
• A commercial tenant
• A landlord
• A property management company
• A condominium or homeowners association
• A maintenance or cleaning contractor
• A security company
• Another company responsible for the dangerous condition

In some cases, several entities may share different responsibilities for the same property.

What compensation may be available in a Florida premises liability case?

When another party is legally responsible, potential damages may include past and future medical expenses, lost wages, loss of future earning capacity, pain and suffering, disability, scarring, disfigurement, and other legally recoverable losses.

If a dangerous property condition causes a fatal injury, surviving family members may have rights under Florida’s wrongful death laws.

What if the property owner says the accident was my fault?

A defendant may argue that an injured person failed to see an obvious condition, was distracted, ignored a warning, wore inappropriate footwear, or otherwise contributed to the accident.

Florida’s comparative fault rules can affect negligence claims. For many negligence actions, a person found to be more than 50 percent at fault for his or her own harm may be barred from recovering damages. When recovery is permitted but the injured person shares some responsibility, damages may be reduced according to the percentage of fault assigned.

Fault is often disputed. An allegation by a property owner or insurance company does not necessarily determine how responsibility would ultimately be allocated.

Do I need an attorney for a premises liability claim?

You are not required to hire an attorney to make an injury claim. However, premises liability cases can involve disputes about notice, fault, surveillance footage, maintenance practices, responsible parties, medical causation, and damages.

An attorney can investigate the circumstances, identify potential defendants, seek preservation of relevant evidence, review applicable law, communicate with insurers and defense attorneys, and evaluate whether litigation may be appropriate.

Learn more about the Law Offices of Jason Turchin’s personal injury practice.

How much does it cost to hire a Florida premises liability lawyer?

Our premises liability cases are handled on a contingency fee basis. You do not pay attorney fees to our firm up front for our work on the case.

If there is no recovery, there are no fees or costs owed to our firm.

Ask a Florida Premises Liability Lawyer About Your Accident

If you or a loved one suffered a serious injury because of a dangerous condition at a store, hotel, apartment complex, restaurant, parking lot, resort, shopping center, or other property in Florida, the Law Offices of Jason Turchin can review what happened and determine whether we may be able to help.

Call 800-337-7755 or chat with our live agents for a free consultation.

All cases are handled on a contingency fee basis, meaning there are no fees or costs owed to our firm unless there is a recovery.