What Is Premises Liability?

November 3, 2026

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Posted in: Premises Liability Uncategorized

Not everyone understands what premises liability in Florida entails. Allow us to explain: When you visit a store, walk outside your apartment complex, or enter a public building, you expect to be kept safe from unforeseen, dangerous conditions. Generally, this holds true. However, there are times when a property is not managed well and your safety is unnecessarily put in danger.

While being injured on someone else’s property—whether a neighbor’s home, a business, or another premises—does not automatically mean you have a right to recover compensation, there are situations when it might. Here, we are going to review some of the more important things to understand about premises liability in Florida.

If you believe you have a premises liability claim, please reach out to the Orlando premises liability lawyers at Colling Gilbert Wright as soon as possible so we can help ensure your rights are protected. Call us today at (407) 712-7300 for a FREE consultation. We are proud to serve folks throughout Florida.

Premises Liability in Florida

In Florida, property owners and businesses are required to keep their properties reasonably safe for guests, visitors, and patrons. All states have these laws in place, though there are some rules that are unique from state to state.

There are a few Florida premises liability laws you should be mindful of:

Comparative Negligence

Florida follows a modified comparative negligence rule. This means that if you are partially responsible for your accident, the amount you can recover for economic and non-economic damages is reduced by the percentage you are deemed to be at fault. For example, if you suffer $100,000 in damages but are deemed to be 25% at fault for your accident, then you would only be able to recover $75,000 in compensation.

However, should you be found more than 50% at fault in an accident, you would be ineligible to receive any damages for your injuries at all. If you are 51% liable or greater, you wouldn’t be awarded compensation.

Statute of Limitations

The statute of limitations is a time limit for how long after an accident you can pursue compensation. The statute of limitations for premises liability in Florida is typically two years. As such, we encourage you to begin reviewing your legal options with an attorney as soon as possible.

Children & Premises Liability in Florida

Generally, if someone is injured due to an unsafe condition while trespassing on a property, the property owner is not held responsible for any damages resulting from the trespasser’s injuries. With children, however, it is different.

Per the attractive nuisance doctrine, if a child trespasses on a property because they were enticed by an object to enter the property—such as a swimming pool, trampoline, playground, or anything else that may cause a child to be interested—then the property owner would still be held liable for any injuries sustained by the child.

Why Is Premises Liability Important?

Premises liability is important as both a deterrent and a means of recovering compensation:

It acts as a deterrent because it encourages property and business owners to keep their premises safe for visitors and patrons. If they fail to do so, they could face significant costs to cover the damages caused by an accident or criminal attack. As such, if they discover an unsafe condition, they are much more likely to remedy the situation as quickly as possible.
It acts as a means of recovering compensation for those who do, unfortunately, suffer from injuries due to unsafe premises. No one who is injured due to the fault of another should have to pay for the costs of their medical treatment, lost wages, and other expenses. Premises liability gives accident victims an avenue through which to recover the compensation they deserve.

Unfortunately, even with these laws in place, property owners and managers still occasionally fail to ensure the safety of their properties. If you have been injured due to unsafe conditions on someone’s property, it is in your best interest to consult an Orlando premises liability lawyer. They can help to ensure you pursue every opportunity to recover your losses.

Types of Premises Liability Accidents & Associated Injuries

Premises liability claims can come in many different forms. including:

Slip & Fall Accidents

Slip and fall accidents are among the most common types of premises liability cases. These incidents typically occur when a person slips or trips on an unsafe surface, leading to a fall.

Common causes include:

Wet floors
Uneven surfaces
Poor lighting
Loose carpeting
Hidden hazards like a small step or a hole

Injuries from slip and fall accidents can range from minor to severe. They may include:

Broken bones
Head injuries
Spinal cord injuries
Traumatic brain injuries
Lacerations

Identifying liable parties in slip and fall cases can vary based on the accident location and circumstances. Property owners, business proprietors, or municipal entities can be held responsible if it’s proven that they neglected their duty to maintain a safe environment.

For instance, a store owner might be liable if a customer slips on a wet floor without proper signage, or a city could be responsible for a pedestrian’s injury due to poorly maintained sidewalks. Liability often rests on proving that the property owner or manager was aware or should have been aware of the hazardous condition and failed to rectify it (Florida Statutes § 768.0755).

Swimming Pool Accidents

Swimming pool accidents can include drowning or near-drowning, slip and fall accidents on wet surfaces, diving board accidents, and injuries due to malfunctioning pool equipment or inadequate pool maintenance. Children are particularly at risk for these types of accidents.

Injuries in swimming pool accidents can range from minor bruises or cuts to more serious outcomes, including:

Head injuries
Brain damage
Spinal injuries
Fatal drowning

Liability for these accidents can be complex and often depends on the ownership and location of the pool. Homeowners, hotel operators, or public facility managers can be held liable, particularly if negligence in maintaining the pool area or inadequate safety measures contributed to the accident. This might include failing to secure the pool area with proper fencing, not having lifeguards on duty (if required), or not adhering to safety regulations for pool maintenance and operation (§§ 514.0315 & 515.27–515.31).

Elevator & Escalator Accidents

These incidents occur due to malfunctions or improper maintenance of these mechanical transportation devices. Common scenarios include:

Sudden stops
Falls caused by misaligned or malfunctioning escalator steps
Doors closing improperly
Elevator cars dropping or halting abruptly

Injuries from elevator and escalator accidents can include:

Bruises, cuts & sprains
Fractures
Amputations (especially in escalator accidents)
Head injuries
Spinal injuries
Fatal injuries

Responsibility for elevator and escalator accidents often lies with property owners, managers, and maintenance companies. Property owners have a duty to ensure these devices are regularly inspected and maintained in safe working order (Elevator Safety Act § 399). These parties could be held liable if an accident occurs due to a mechanical failure or lack of proper maintenance. Additionally, if a manufacturing defect caused an incident, the elevator or escalator manufacturer could also be held responsible.

Dog Bites

Individuals can be bitten or attacked by a dog in public spaces like parks and sidewalks or private property, including the dog owner’s home. Scenarios include unprovoked attacks, bites during interaction with an unfamiliar dog, or a dog reacting out of fear or protection of their territory.

Injuries from dog bites can include:

Minor cuts & bruises
Severe lacerations
Puncture wounds
Tissue damage
Nerve damage

The risk of infection from a dog bite is high, and victims may require medical treatment for rabies or tetanus. Emotional trauma, especially in children, is also a significant concern after a dog bite incident.

In most cases, the dog owner is held liable for injuries caused by their pet. Under Florida law (§ 767.01), dog owners are typically responsible for any harm their dog inflicts, regardless of the dog’s previous behavior or the owner’s knowledge of any aggression. There are exceptions, such as when the victim was trespassing or provoking the dog.

In some instances, property owners or landlords may also share liability, particularly if they were aware of a dangerous dog on their property and did not take steps to mitigate the risk. Determining liability in dog bite cases often requires an understanding of local laws regarding pet ownership and responsibility.

Negligent Security

Negligent security is a type of premises liability where a property owner fails to provide adequate security measures, leading to a person being injured on the property. This can occur in various settings, including:

Parking lots
Shopping centers
Apartment complexes
Nightclubs

Common scenarios include inadequate lighting, lack of security personnel, faulty security equipment (like broken locks or non-functional surveillance cameras), or failure to respond to known security threats.

Victims of negligent security incidents may suffer from physical assaults, robbery, or even more severe crimes like sexual assault. The injuries can be both physical (such as bruises, cuts, or worse) and psychological, including anxiety and post-traumatic stress disorder (PTSD).

Property owners and managers are typically responsible for ensuring their premises are safe from foreseeable harm, including criminal activities (§ 812.173). If it’s proven that they failed to take reasonable measures to secure their property, they can be held liable. For example, a nightclub owner who does not employ security personnel despite a history of violent incidents may be held responsible for injuries a patron suffers due to an assault.

Fires or Explosions

Fires and explosions on premises can result from various factors, including:

Electrical faults
Gas leaks
Improper storage of flammable materials
Failure to comply with fire safety regulations

These incidents can occur in residential buildings, commercial properties, industrial sites, and even public venues.

Injuries from fires or explosions are often severe, ranging from burns of varying degrees to respiratory injuries due to smoke inhalation. Victims may also suffer from traumatic injuries caused by the blast, such as lacerations, broken bones, or head trauma. The psychological impact, including post-traumatic stress disorder (PTSD), can also be significant.

Determining liability in fire or explosion accidents involves investigating the cause of the incident. Property owners, landlords, or management companies could be liable if negligence in property maintenance or violation of fire safety norms is found (Florida Fire Prevention Code § 633.202). In cases where the fire or explosion resulted from defective products (like a malfunctioning appliance), the manufacturer could also be held responsible.

A thorough investigation by fire experts, building safety inspectors, and legal professionals is essential to establish the cause and identify liable parties.

Falling Objects

Falling object incidents typically occur when items are improperly secured or stored, leading to them dropping from a height. These accidents are common in areas like construction sites, retail stores with high shelving, and office buildings undergoing renovations. Even in homes, objects falling from shelves or cabinets can cause injuries.

The injuries from falling objects can range from mild to severe, depending on the weight of the object and the height from which it falls. Common injuries include:

Head injuries
Concussions
Lacerations
Bruises
Broken bones
Traumatic brain injuries
Spinal injuries

In these cases, liability often rests with property owners, employers, or contractors, depending on where the incident occurred. For instance, in a retail setting, the store management could be liable for not ensuring that items on high shelves are safely stored. The contractor or construction company could be liable for not adhering to safety protocols on construction sites. In rental properties, landlords could be responsible if the falling object was due to poor maintenance or building conditions.

Identifying the liable party(ies) requires a thorough investigation into safety practices and adherence to regulations at the accident site. Additionally, the assistance of a premises liability lawyer will be invaluable. They have experience in all types of premises liability injuries and understand what to look for and the complexities of liability.

Is Florida a Strict Liability State?

Strict liability is mostly discussed around dog bite accident claims in Florida. Florida is a strict liability state, meaning a dog owner can be held liable for any injuries caused by their dog whether they had reason to suspect their dog would be violent or not. Even if a dog has never shown signs of aggression, if they bite a person in a public place or a non-trespasser in a private residence, the owner would be responsible for any damages.

In a unique provision under Florida’s dog bite statute, a dog owner would not be liable for injuries caused by their dog on their private property if they had a prominently displayed sign saying, “Bad Dog.” However, that provision does not apply when the injured person is under the age of 6.

Challenges in a Florida Premises Liability Case

Simply being injured on someone else’s property does not mean you qualify for compensation in a premises liability claim. Instead, you must be able to prove some key things, including:

The owner or property manager knew about—or should have known about—the dangerous condition and failed to remedy the condition within an appropriate time frame.
The dangerous condition is what led to the accident and the accident is what resulted in injuries.
Those injuries led to damages.

Premises liability in Florida can be challenging to prove, particularly when it comes to determining what the owner or property manager did or did not know—or, for that matter, what they should have reasonably known.

How Can a Premises Liability Attorney Help You?

After being injured in an unforeseen accident, you will be handling a lot. Simply healing and getting back to the life you lived before this sudden intrusion will be challenging enough. Add to that the stress of growing medical costs and the confusion of dealing with complex laws and aggressive insurance companies, and it’s nearly unbearable.

When dealing with a premises liability injury, the role of a dedicated attorney is to help in:

Determining Liability: Establishing who is at fault, whether it’s a property owner, a leasing agent, or a maintenance company.
Understanding Local Laws: Navigating the specific Florida statutes and case law relevant to premises liability.
Gathering Evidence: Collecting necessary evidence to support your claim, such as accident reports, witness statements, and medical records.
Negotiating with Insurers: Dealing with insurance companies to ensure a fair settlement is reached.
Guiding You Through the Process: Ensuring you have a knowledgeable and caring guide through every step of your claim.

The premises liability lawyers at Colling Gilbert Wright are devoted to their clients. We will do everything we can to pursue the compensation you deserve in your case. Additionally, we will walk the whole way there with you, keeping you up to date on every development and explaining the intricacies of the law when necessary.

Contact Colling Gilbert Wright for Matters Involving Premises Liability in Florida

At Colling Gilbert Wright, we are committed to achieving justice for injured victims. We have vast experience with premises liability in Florida, and we take pride in treating every client with compassion and respect. Our goal is to give you peace of mind, knowing that your rights are being protected, so you can focus on healing.

Contact the Orlando premises liability attorneys at Colling Gilbert Wright today to schedule a FREE consultation. We are dedicated to seeking justice for our neighbors and will do everything we can in pursuit of rightful compensation for your losses.