Florida Premises Liability: Slippery Floors and More

In Florida, premises liability is a legal concept that generally deals with personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property. Property owners have to ensure their premises are reasonably safe. When they fail to do so, and someone is injured as a result, the injured party can pursue a premises liability claim.

At The Morgan Law Group, we represent individuals throughout Florida who have been injured on someone else’s property due to negligence. Our experienced premises liability lawyers in Florida assist clients from Miami, Naples, Orlando, Panama City, Pensacola, and Tampa, ensuring that their rights are protected under Florida’s premises liability laws.

Understanding Premises Liability Laws in Florida

The duty of care required by Florida property owners is primarily derived from the general negligence principles outlined in Florida Statute § 768.0755 for slip and fall incidents, which is one of the most common forms of premises liability. This statute specifies that if a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

In cases of premises liability, Florida’s modified comparative negligence rule also plays a crucial role. This statute allows for a reduction in the amount of damages an injured party can recover based on the percentage of fault attributed to them. Essentially, as long as the plaintiff is less than 50% responsible for the incident that caused their injuries, they can receive compensation, which is then reduced in proportion to their degree of fault.

Different Premises Liability Cases in Florida

Premises liability covers a broad spectrum of cases where individuals suffer injuries due to unsafe conditions on someone else’s property. These cases can range from:  

• Slip and Fall Accidents: These occur when a person slips, trips, or falls as a result of a hazardous condition on the premises. Common causes include wet floors, uneven surfaces, or obscured hazards. Property owners must ensure that walking surfaces are free of these dangers or that sufficient warning is given. 
• Negligent Security: Owners of properties where visitors might reasonably expect a certain level of security can be held liable for injuries caused by third-party attacks if adequate security measures are not in place. This includes maintaining proper lighting, functioning locks, security personnel, and surveillance systems.
• Swimming Pool Accidents: These often involve situations where inadequate fencing, lack of supervision, or poorly maintained facilities lead to drowning or other injuries. Property owners must comply with local safety regulations to prevent swimming pool accidents, especially in settings frequented by children. 
• Elevator and Escalator Accidents: Injuries in these cases may arise from mechanical failures or improper maintenance. Owners and operators are required to perform regular inspections and maintenance to prevent such accidents. 
• Dog Bites: Property owners can be held responsible for injuries caused by animals that they own or should have controlled. This responsibility extends to ensuring that animals are securely contained and that visitors are warned of potential dangers. 
• Fires and Explosions: Injuries from fires and explosions can lead to claims if the incident resulted from a property owner’s negligence, such as failing to adhere to fire safety standards or improper handling of flammable materials. 
• Amusement Park Accidents: These may involve ride malfunctions or operator errors. Amusement parks must ensure rides are regularly inspected and operated by trained personnel to minimize risks to patrons. 
• Retail Store Accidents: These incidents can include anything from falling merchandise to slip and fall accidents. Retailers must keep their aisles clear and floors clean to prevent such accidents. 
• Parking Lot and Garage Accidents: Poorly maintained walking surfaces or inadequate lighting can lead to accidents in these areas. Property owners must ensure that such areas are safe and well-lit to prevent injuries. 
• Construction Accidents: Visitors or bystanders injured at construction sites may have claims if the area was unsafe. This includes ensuring that all safety regulations are followed and that non-workers are properly warned about the dangers.  

Understanding the different types of premises liability cases in Florida is crucial for anyone who has been injured due to unsafe conditions on another’s property. If you or someone you know has been injured, it is important to consult with knowledgeable premises liability lawyers. 

Proving Negligence in Premises Liability Claims

In Florida, succeeding in a premises liability claim requires demonstrating that the property owner’s negligence directly led to an injury. This involves proving several key elements:

• Duty of Care: The plaintiff must establish that the property owner had a duty to ensure the safety of the premises.
• Breach of Duty: The plaintiff needs to show that the property owner failed to fulfill their duty of care. 
• Causation: It must be demonstrated that the property owner’s breach of duty directly caused the injury. 
• Knowledge: The plaintiff must prove that the property owner knew or reasonably should have known about the hazardous condition and failed to correct it. 
• Damages: Finally, the plaintiff must show that they suffered actual damages due to the injury.

Evidence critical to supporting these elements can include photographic or video evidence of the hazardous condition, medical records documenting the injuries, expert testimony on the nature of the hazard and the expected standards of care, and statements from witnesses.

Statute of Limitations for Premises Liability Cases 

The time frame to file a premises liability claim in Florida is four years. This statute begins to run from the date of the incident in which the injury occurred. 

Filing a claim past this deadline typically results in the dismissal of the case, barring the injured party from potential compensation. However, in certain circumstances, exceptions might apply that can alter the duration of the statute of limitations, such as when injuries are not immediately discoverable or in cases involving minors. 

Legal Help from Our Premises Liability Lawyers in Florida

If you or a loved one has been injured, consulting with experienced premises liability lawyers is not just beneficial; it’s crucial. At The Morgan Law Group, our deep understanding of Florida premises liability law combined with our extensive experience in handling countless similar cases ensures that our clients receive the best possible legal representation and support throughout their claims process.

Contact us today to schedule your free case evaluation to ensure your rights are protected and to take the first step toward achieving the justice and compensation you deserve.