Informed Clients Make Better Decisions

A premises liability claim arises when a property owner's failure to maintain safe conditions causes injury to a visitor. Under Florida law, property owners owe a duty of care that varies by visitor status — invitees (customers, guests) are owed the highest duty. If a hazardous condition existed, the owner knew or should have known about it, and failed to fix or warn of it, you may have a valid claim. The key is that the hazard must have existed long enough for a reasonable owner to have discovered and addressed it.

Fault is proven by demonstrating that the property owner knew or should have known about the dangerous condition and failed to address it within a reasonable time. Evidence includes surveillance footage, incident reports, witness statements, maintenance logs, and expert testimony. Florida's modified comparative negligence law (HB 837, effective March 24, 2023) bars your recovery entirely if you are found more than 50% at fault — which is why having an experienced attorney document the property owner's negligence thoroughly is essential.

Common injuries include broken bones and fractures (especially wrists, hips, and ankles), traumatic brain injuries from falls, spinal cord damage, torn ligaments and tendons, lacerations, and chronic soft tissue injuries. Injuries from inadequate security incidents — such as assaults on poorly lit commercial properties — can be among the most severe. Many premises liability injuries require ongoing treatment and rehabilitation, which is why documenting all future medical needs is a critical part of your claim.

You may recover economic damages — past and future medical expenses, lost wages, reduced earning capacity, and rehabilitation costs — as well as non-economic damages including pain and suffering, mental anguish, and loss of enjoyment of life. Florida's personal injury statute of limitations is 2 years from the date of injury (changed from 4 years under HB 837, effective March 24, 2023). Acting quickly is not just advisable — it is critical to preserving evidence and protecting your legal rights.