What Is the Premises Liability Law in Florida?
A premises liability lawyer has a significant amount of knowledge in the area of law that deals with the responsibility of property owners towards those who enter their premises. This law governs a broad range of incidents, from slip and fall cases to more complex issues like inadequate security. A thorough understanding of the premises liability law in Florida can be instrumental in handling such situations effectively.
If you find yourself injured on someone else’s property and suspect their negligence is responsible for your injuries, call an experienced Orlando premises liability lawyer at (407) 712-7300 for a FREE consultation. The Florida Firm Injury and Accident Lawyers takes pride in pursuing just and fair compensation for our clients in Orlando and throughout Florida.
Overview of Premises Liability Law in Florida
Premises liability law is based on the fundamental principle that property and business owners have a duty to ensure the property they control is safe for others. If someone is injured on their property due to an unsafe condition that the owner knew or should have known about, the owner could be liable for their injuries.
Premises liability in Florida falls under statutes named in Chapter 768, Negligence. In addition to establishing the duty of care, these legal rules dictate how negligence is proven. The primary law governing slip-and-fall incidents caused by spilled liquids and debris (referred to as “transitory foreign substances” in a lawsuit) on business premises is § 768.0755, while negligent security (or criminal acts of third parties) falls under § 768.0701, for example.
What Are the Different “Categories of Visitors”?
When lawfully entering a property, we have the right to expect a certain degree of safety and protection. In Florida, the extent of the duty that property owners owe to visitors depends on the visitor’s classification. Florida law recognizes three categories of visitors:
Invitees
An invitee is an individual who is invited onto the property for the property owner’s benefit, like customers in a store. Property owners owe the highest duty of care to these visitors. They must conduct regular inspections of the property, looking for dangers and either fixing them or warning invitees about them.
Licensees
These are social guests or others who enter the property for their own purposes, like friends or neighbors. Property owners must warn licensees of known dangers but do not have a duty to regularly inspect the property.
Trespassers
These are people who enter the property without permission. Typically, property owners don’t owe a duty of care to adult trespassers except to not cause them intentional harm.
Proving a Premises Liability Claim
Premises liability claims are based on negligence. For The Florida Firm Injury and Accident Lawyers to successfully pursue a claim in Florida, the injured party and their premises liability attorney generally must prove the following:
Establish Duty of Care
The property owner or occupier owed a duty of care to keep you safe based on your visitor classification, either customer, guest, or trespasser, to qualify under the premises liability Florida statute.
Prove Breach of Duty
The property owner had knowledge of the hazard and breached this duty by failing to maintain the property safely or warn of dangers. You must show direct evidence, such as prior customer complaints, or show that the hazard was a regular, foreseeable occurrence, or it existed for long enough that the owner should have discovered it through routine inspections.
Link the Breach to Causation
The breach must be the direct and proximate cause of the injured party’s accident and injury. A property owner is not liable simply because you fell on their property. You must show why you fell and that the owner’s negligence caused it.
Quantify Your Damages
You must demonstrate that you suffered actual losses and physical harm because of the accident. If the injury resulted in damages, you would use medical expenses, photographs of your injury, or pay stubs to show lost wages.
Common Types of Premises Liability Cases
Florida experiences tens of thousands of premises liability-related injuries each year. Although we cannot provide you with an exact number of formal lawsuits that injured people just like you file annually, these claims make up a significant portion of the 60,000-plus personal injury civil lawsuits filed each year across the state’s circuit courts. The most common types of premise liability cases include:
Slip & Falls
These are the most common types of premises liability claims. Slip and fall accidents occur when someone slips, trips, or falls because of a hazardous condition on someone else’s property. Florida Statutes § 768.0755 states that “the business establishment” must have “had actual or constructive knowledge of the dangerous condition” to be held liable.
Inadequate Security
If a property owner or manager fails to provide secure access or adequate security in a building and a visitor is harmed as a result, the owner or manager may be held liable. This premises liability Florida statute is commonly applied in injuries sustained at apartment complexes, hotels, and shopping centers. These cases often stem from poor lighting, broken locks, or a lack of security personnel.
Dog Bites
Florida is a strict liability state when it comes to dog bites if the victim is in a public place or lawfully on private property when attacked. According to § 767.01, a dog’s owner is liable for any injuries their dog causes, even when they were unaware of the dog’s history of aggressive behavior
Swimming Pool Accidents
Property owners can be held liable for injuries that occur because they have failed to secure or supervise their swimming pools. While there are 11 city operated pools in Orlando, most pool-related injuries occur at home and often involve children. Under state law, owners are required to install and maintain proper fencing, gates, and warnings to prevent drownings and accidents.
Negligent Property Maintenance
Negligent property maintenance includes injuries caused by structural defects or poor upkeep. Under this category, claims are often a result of broken handrails, collapsing balconies, faulty elevators, and falling debris.
Other Types of Premises Liability Claims
Unusual premises liability claims in Florida involve unique hazards outside standard slips and falls. In addition to the common events that are filed in courts each year, residents have also sought to recover damages because of:
Common Types of Premises Liability Cases
Slip & Falls
These are the most common type of premises liability claims. Slip and fall accidents occur when someone slips, trips, or falls because of a hazardous condition on someone else’s property. Florida Statutes § 768.0755 states that “the business establishment” must have “had actual or constructive knowledge of the dangerous condition” to be held liable.
Read More: How Can I Make a Claim If I Was Injured in a Public Place?
Inadequate Security
If a property owner or manager fails to provide secure access or adequate security in a building and a visitor is harmed as a result, the owner or manager may be held liable.
Dog Bites
Florida is a strict liability state when it comes to dog bites. According to § 767.01, a dog’s owner is liable for any injuries their dog causes, even if they were unaware of the dog’s history of aggressive behavior.
Swimming Pool Accidents
Property owners can be held liable for injuries that occur because they have failed to secure or supervise their swimming pools.
Other Types of Premises Liability Claims Can Include:
- Inadequate Maintenance
- Defective or Unsafe Conditions
- Improper Fire Protection
- Water Leaks or Flooding
- Toxic Fumes or Chemicals
- Falling Merchandise
- Amusement Park Ride Injuries
- Playground Injuries
- Trampoline Accidents
- Assaults & Attacks
- Construction Accidents
- Wrongful Death
- And More
Comparative Negligence in Florida Premises Liability Cases
Florida follows a comparative negligence system. According to § 768.81(2), if the injured party is partly at fault for their injury, they may still be able to collect compensation for their losses. Their damages will simply be reduced by their percentage of fault.
For clarity, here is a fictitious example: Pretend you fell down the stairs at a hotel off International Drive and broke your ankle. But before you tripped, you saw the “broken handrail” sign the manager put up an hour ago and decided to use the stairs anyway. In this situation, you were found to be 20 percent at fault for your fall. Your doctor bill was $10,000. However, because you were partly to blame, you are only entitled to 80 percent of the total settlement, or $8,000.
Statute of Limitations on Premise Liability Lawsuits
A Florida premises liability claim, per statute § 95.11, generally must be filed within 4 years of the date of the accident. If the incident resulted in the death of a loved one, a wrongful death claim must be filed within 2 years.
However, there are some exceptions. While the two-year rule is strictly enforced, certain circumstances allow for a modified timeline, including the victim’s age. If the injured party was your child and a minor at the time of the incident, the countdown may not begin until they turn 18. If the injured person is a loved one who is mentally incapacitated at the time of the accident, the deadline to file may be paused (or tolled) until their competency is restored.
Though 2 or 4 years may seem like plenty of time to file a claim, building a solid case for premises liability takes time. One of the most important contributions to your claim will be prompt and thorough evidence collection.
Should You Hire a Premises Liability Lawyer?
Premises liability law in Florida is an intricate field that encompasses numerous types of accidents. It is essential to consult with an experienced premises liability lawyer if you’ve been injured on someone else’s property to ensure your rights are protected and that you can effectively navigate the legal landscape in pursuit of the compensation you deserve.
Read More: What Types of Cases Do Premises Liability Lawyers Handle?
Contact Colling Gilbert Wright today to get a FREE consultation. We will establish if you have a premises liability claim, and if you do, we will guide you through the process as we pursue fair compensation for your losses.
