Every year, thousands of Floridians are injured on property owned or controlled by someone else — in grocery stores, apartment complexes, hotels, restaurants, parking lots, and private homes. When a property owner's negligence causes your injury, Florida's premises liability law may entitle you to compensation.
This guide explains how premises liability works in Florida, what you need to prove to win a claim, and what types of incidents are most commonly covered.
What Is Premises Liability?
Premises liability is the area of law that holds property owners and occupiers legally responsible for injuries that occur on their property due to unsafe conditions. The core idea is straightforward: if a property owner knows (or should know) that a dangerous condition exists on their property and fails to fix it or warn visitors, they can be held liable for injuries that result.
Florida premises liability claims are governed by Florida Statute § 768.0755 (for business invitees) and the general common law duty of care owed to visitors based on their status on the property.
Visitor Status Matters in Florida
Florida law categorizes visitors based on why they are on the property, and the property owner's duty of care differs accordingly:
Invitees
An invitee is someone who enters the property with the owner's express or implied invitation, typically for a business purpose. Customers in stores, guests in hotels, and patrons in restaurants are classic invitees. Property owners owe invitees the highest duty of care — to maintain the premises in a reasonably safe condition, conduct reasonable inspections, and warn of known dangers or hazards that the owner should have discovered through reasonable inspection.
Licensees
A licensee enters with the owner's permission but for their own purposes — social guests at a private home are the most common example. Property owners owe licensees a duty to warn of known hidden dangers that the licensee would not reasonably discover, but they do not have a duty to inspect or actively search for hazards.
Trespassers
Property owners generally owe trespassers only the duty not to intentionally harm them. However, a significant exception exists for child trespassers — the "attractive nuisance" doctrine can impose liability when a dangerous artificial condition (like a swimming pool or trampoline) is likely to attract children who cannot appreciate the risk.
Slip and Fall Claims: The Most Common Premises Liability Case
Slip and fall accidents — including trip and fall accidents — are the most common type of premises liability claim in Florida. Common causes include:
- Wet floors without warning signs (spills, mopped floors, tracked-in rain)
- Cracked, uneven, or broken pavement or flooring
- Inadequate lighting in hallways, stairwells, or parking lots
- Defective stairs, handrails, or escalators
- Loose or torn carpeting
- Potholes or unmarked curbs in parking lots
The "Knew or Should Have Known" Standard
Under Florida Statute § 768.0755, to hold a business responsible for a slip and fall on a transitory foreign substance (like a spill), you must prove that the business knew or should have known of the dangerous condition and failed to act. Courts consider:
- How long the hazard existed before the injury
- Whether the business had a regular inspection procedure
- Whether employees were near the area and should have seen the hazard
- Whether the hazard was foreseeable (e.g., a drink station near where the fall occurred)
Negligent Security Claims
Property owners have a duty not just to maintain physical safety but also to take reasonable security measures when criminal activity is foreseeable on their premises. Negligent security claims arise when someone is assaulted, robbed, or otherwise harmed on a property that failed to provide adequate security measures.
Common negligent security scenarios include:
- Assaults in apartment complex parking lots with inadequate lighting or broken gates
- Robberies at ATMs or convenience stores without adequate security measures
- Assaults at bars or nightclubs where the owner knew violence was a recurring problem
- Attacks in hotel rooms or hallways with inadequate door locks or security personnel
The key issue in a negligent security case is foreseeability — was criminal activity foreseeable on this property? Evidence of prior similar crimes in the area or on the property is critical. Courts also consider whether the owner took reasonable precautions given the known risk.
Swimming Pool Accidents
Florida has a high concentration of residential and commercial swimming pools, and pool-related injuries are a significant category of premises liability claims. Pool owners can be liable for:
- Failure to install required safety barriers and fencing (Florida Statute § 515.27 requires pool barriers for residential pools)
- Inadequate depth markings leading to diving injuries
- Defective drains or circulation equipment causing entrapment
- Wet deck surfaces without non-slip surfacing
- Inadequate supervision at commercial pools
Construction Site and Scaffolding Accidents
Florida's active construction industry generates a significant number of premises liability and negligence claims. Workers and visitors injured on construction sites may have claims against property owners, general contractors, and subcontractors depending on who controlled the dangerous condition. These cases often overlap with workers' compensation law for construction employees.
What You Need to Prove in a Florida Premises Liability Case
To succeed on a premises liability claim in Florida, you generally must establish:
- Duty: The property owner owed you a duty of care (determined by your visitor status).
- Breach: The owner breached that duty by failing to maintain safe conditions, failing to warn of hazards, or failing to take reasonable security measures.
- Causation: The breach caused your injury.
- Damages: You suffered actual harm — physical injury, medical expenses, lost wages, pain and suffering.
Florida's modified comparative fault rule applies — if you are found partially at fault (for example, for texting while walking and not watching where you were going), your damages are reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover.
Damages in Premises Liability Cases
Recoverable damages in a premises liability case may include:
- Medical expenses (emergency care, surgery, physical therapy, ongoing treatment)
- Lost wages and future loss of earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Loss of enjoyment of life
Florida's Statute of Limitations
Florida gives you two years from the date of injury to file a premises liability lawsuit. This two-year window applies regardless of whether the property was commercial or residential. Missing the deadline — even by one day — will typically result in your case being dismissed. Do not wait to consult an attorney.
Steps to Take After a Premises Liability Injury
- Report the incident immediately to the property owner, manager, or security personnel. Get a copy of the incident report.
- Document the scene. Photograph the hazard that caused your injury before it is cleaned up or repaired. This evidence disappears quickly.
- Identify witnesses. Get contact information for anyone who saw what happened.
- Seek medical attention promptly. Gaps in medical care give insurance companies ammunition to argue your injuries were minor or pre-existing.
- Preserve your clothing and footwear. These can be evidence — don't wash them.
- Avoid giving recorded statements to the property owner's insurer without first consulting an attorney.
- Consult a premises liability attorney as soon as possible so evidence can be preserved and investigated while it is still fresh.
Frequently Asked Questions
Can I sue if I fell on a public sidewalk in Florida?
Claims against government entities (city, county, state) follow different rules. Florida's waiver of sovereign immunity allows some claims against government entities, but there are specific notice requirements — typically a written notice of claim must be submitted within 3 years. Claims against government entities are more complex and have different caps on damages.
What if I was partially at fault for the slip and fall?
Florida's comparative fault rule applies. If you were 30% at fault and your damages are $100,000, you recover $70,000. You can only recover if you are 50% or less at fault.
Does it matter if I didn't see a "wet floor" sign?
Warning signs are one way a property owner can discharge their duty. However, if a sign was present and you ignored it, that may reduce your recovery under comparative fault. Conversely, the absence of a warning sign when a hazard existed is strong evidence of breach.
Can I sue the landlord if I was injured in a rented apartment?
Yes, in many circumstances. Landlords have a duty to maintain common areas and make necessary repairs once notified of dangerous conditions. Claims may lie against the landlord for injuries in hallways, stairwells, parking lots, and other common areas, or for failure to repair known defects in the unit itself.
Contact a Florida Premises Liability Attorney
If you were injured on someone else's property in St. Johns County, Flagler County, Duval County, or the surrounding Northeast Florida area, contact The Desai Firm for a free consultation. We handle slip and fall cases, negligent security claims, and other premises liability matters throughout Northeast Florida.