Holding Property Owners Accountable for Unsafe Conditions

Property owners and businesses in Florida have a duty to keep their premises safe for visitors. When they fail to do so, serious injuries can occur — from slips and falls to assaults caused by negligent security. If you or a loved one was hurt on someone else’s property, you may be entitled to compensation through a premises liability claim.

At the Law Offices of Adam G. Hill, we represent injury victims across Florida in premises liability cases. We understand the laws governing property owner responsibility and fight to hold negligent parties accountable.

What Is Premises Liability?

Premises liability is an area of law that holds property owners legally responsible for accidents and injuries that occur due to unsafe conditions on their property.

Florida law imposes different duties depending on the status of the injured person:

• Invitees (business customers, shoppers, tenants): Owners owe the highest duty of care, including regularly inspecting the property, correcting hazards, and warning of dangers.

• Licensees (social guests): Owners must warn of known dangers that are not obvious.

• Trespassers: Owners generally owe no duty, except not to intentionally harm them. However, under the attractive nuisance doctrine (§823.08, Fla. Stat.), property owners can be liable if children are injured by dangerous conditions like swimming pools, abandoned appliances, or construction sites.

Common Types of Premises Liability Claims in Florida

• Slip, trip, and fall accidents (wet floors, uneven surfaces, poor lighting)

• Negligent security (assaults or robberies due to lack of security measures, broken locks, inadequate lighting)

• Swimming pool accidents (drownings, lack of fencing, unsafe maintenance)

• Dog bites and animal attacks (Florida follows strict liability under §767.04, Fla. Stat.)

• Falling merchandise or debris in stores or warehouses

• Elevator and escalator accidents

• Unsafe stairways and railings

• Construction site hazards affecting visitors or passersby

Florida Law on Premises Liability

• §768.0755, Fla. Stat. – Requires proof that a business had actual or constructive knowledge of a transitory foreign substance (e.g., a spill) in slip and fall cases.

• §767.04, Fla. Stat. – Dog owners are strictly liable for bites, regardless of prior viciousness.

• §95.11(4)(a), Fla. Stat. – Personal injury claims generally must be filed within 2 years of the incident.

• §768.28, Fla. Stat. – Special rules and limits apply when suing government entities (notice requirement and damages cap).

Proving Liability in a Premises Liability Case

To recover compensation, the injured party typically must show:

1. The property owner owed a duty of care.

2. The owner knew or should have known of the dangerous condition.

3. The owner failed to repair or warn about the condition.

4. The dangerous condition caused the injury and resulting damages.

Compensation Available

Victims of unsafe property conditions may recover damages for:

• Medical expenses (emergency care, hospitalization, rehabilitation)

• Lost wages and loss of future earning capacity

• Pain and suffering

• Permanent disability or disfigurement

• Wrongful death damages if the accident was fatal (§768.21, Fla. Stat.)

Frequently Asked Questions About Premises Liability in Florida

❓ Do I need to prove the property owner knew about the hazard?

Yes. Under Florida law, you must show actual or constructive knowledge of the condition. Constructive knowledge can be established by showing the hazard existed for a long time or occurred frequently.

❓ What if the property owner blames me for the accident?

Florida follows modified comparative negligence (§768.81, Fla. Stat.). If you are partially at fault, your compensation may be reduced. If you are more than 50% responsible, you cannot recover damages.

❓ Can I sue if I was injured in a parking lot assault?

Yes. Property owners and businesses may be liable for negligent security if they fail to provide adequate lighting, security cameras, or security guards in areas with foreseeable criminal activity.

❓ Can I bring a claim if my child was hurt in a neighbor’s pool?

Possibly. Florida’s attractive nuisance doctrine may apply if the property owner failed to take precautions (like installing a fence or locked gate) to keep children safe from dangerous conditions.

❓ What if I was injured on government property?

Claims against state or local government agencies require written notice (§768.28, Fla. Stat.) and are subject to damage caps ($200,000 per person, $300,000 per incident).

Why Choose Our Firm?

Premises liability cases are often aggressively defended by property owners and their insurance companies. At the Law Offices of Adam G. Hill, we:

• Conduct thorough investigations

• Secure evidence before it disappears (surveillance footage, maintenance records, witness statements)

• Work with medical and safety experts to prove liability and damages

• Negotiate firmly with insurers

• Take cases to trial when necessary

Contact a Florida Premises Liability Lawyer

If you or a loved one was injured due to unsafe property conditions, don’t face the insurance companies alone. Our experienced attorneys are here to protect your rights and fight for the full compensation you deserve.

Call us today for a free consultation or send us a message through our Contact page and we’ll contact you promptly.

Serving clients throughout Florida in premises liability, slip and fall, negligent security, and all personal injury claims.