Did you experience a fall on a slick surface while shopping at your neighborhood supermarket? Have you ever encountered an accident where you tripped over uneven pavement at a restaurant? The frequency of such accidents exceeds what many people believe.
Florida premises liability laws establish responsibility when accidents happen on someone else’s property. Understanding these laws becomes more difficult when injuries and medical bills are involved.
The good news? An experienced professional can help you understand and navigate premises liability laws in Florida.
Starting March 24, 2023 Florida law reduced the statute of limitations for negligence claims and premises liability situations from a four-year period to just two years. The recent statutory alteration creates a pressing need for injured parties to promptly take action following accidents on others’ properties.
Working with an experienced premises liability attorney can make all the difference in your case. These lawyers possess knowledge of Florida’s legal system to guide you toward receiving your rightful compensation.
Inside This Guide
- What Is Premises Liability?
- Florida’s Classification of Visitors
- Common Types of Premises Liability Cases
- Property Owner’s Duty of Care
- Changes to Florida’s Premises Liability Laws
- Steps to Take After an Injury
- Proving Negligence in Florida
- Compensation You Might Receive
- Working With a Premises Liability Lawyer
What Is Premises Liability?
The legal principle of premises liability requires property owners to be accountable when injuries happen on their property because of hazardous conditions. The legal framework for these cases in Florida falls within the domain of negligence law.
Here’s the basic idea: Property owners and occupants must keep their property in safe condition for all entrants under the law. Legal responsibility for any injuries sustained by someone on your property could become your burden if you neglect the maintenance of safe conditions.
But here’s where it gets complicated. The specific legal obligations of property owners change based on the reason people enter their premises.
Florida’s Classification of Visitors
Florida law divides visitors into three categories:
Invitees
Invitees receive explicit or implicit invitations to enter property for conducting business transactions. This includes:
- Customers at stores
- Patients at hospitals
- Students at schools
- Guests at hotels
Property owners must provide invitees with the highest level of care. Property owners need to continuously check their property for dangerous conditions and repair them while also alerting visitors about any hazards that cannot be resolved right away.
Licensees
Licensees obtain permission from the property owner before entering for their personal objectives. This includes:
- Social guests
- Salespeople
- Utility workers
Property owners should inform licensees about known dangers which remain hidden from view. Property owners are not required to inspect or repair conditions for licensees.
Trespassers
Trespassers enter property without permission. Property owners usually have the obligation to refrain from intentionally harming trespassers who enter without permission.
Child trespassers are subject to an important rule known as the “attractive nuisance doctrine“. Property owners face greater responsibilities to protect against injuries when there are features on their land that could lure children such as swimming pools.
Common Types of Premises Liability Cases
Premises liability in Florida extends to various accident types. The most common include:
Slip and Fall Accidents
Slip and fall accidents occur when individuals lose their footing or trip over hazardous floor conditions which include wet surfaces, uneven floors, insufficient lighting, loose carpets, or cluttered walkways.
Negligent Security
It is the responsibility of property owners to implement adequate security measures as a way to deter predictable criminal activities. Negligent security can be seen in parking lots with poor lighting, apartment doors with faulty locks and areas with high crime rates that lack security guards.
Swimming Pool Accidents
The warm climate of Florida leads to the widespread presence of swimming pools throughout the state. Swimming pool owners have a responsibility to maintain proper fencing, functional gates with locks, clear warning signs and accessible life-saving equipment.
Dog Bites
Florida legislation holds dog owners strictly accountable for bites happening at public locations or on private property where victims have legal rights to be no matter the dog’s past behavior.
Defective Stairs or Railings
Property owners need to maintain their stairs properly and secure handrails while ensuring steps remain even and stairways receive adequate lighting.
Property Owner’s Duty of Care
The level of responsibility property owners must uphold toward visitors varies according to how visitors are classified. However, some general principles apply across categories:
- Property owners have a responsibility to maintain their property with reasonable care by conducting inspections and correcting any safety hazards.
- The foreseeability of harm stands as an essential determination point. Property owners face liability when a reasonable person would have predicted the potential danger.
- Property owners need to alert visitors about hidden dangers through signs and verbal instructions.
- Property owners need to repair dangerous conditions they discover within a reasonable period.
Changes to Florida’s Premises Liability Laws
Recent amendments have brought major modifications to Florida’s premises liability laws.
Statute of Limitations Reduction
The time frame for filing premises liability claims has been shortened from four years to two years starting March 24, 2023 reducing the period injured parties have to take legal action.
Comparative Negligence Rule
Florida uses a modified comparative negligence system. Under Florida law, individuals who hold more than half of the fault in an incident are ineligible to claim damages. Your compensation decreases by your fault percentage if you are 50% or less responsible.
Slip and Fall Standard
Florida law mandates that slip and fall plaintiffs demonstrate business awareness of the hazardous condition through proof that the hazard existed for a noticeable duration, appeared frequently, or was generated by the business itself.
Steps to Take After an Injury
You must follow these essential steps to safeguard your legal rights after sustaining an injury while on another person’s property.
- Get medical evaluation right away regardless of how insignificant injuries appear
- Inform the property manager or owner about the incident.
- Make sure to record all relevant information including hazard photographs and medical documentation alongside witness contacts.
- Do not provide any statements to insurance companies unless you have legal representation.
- You should reach out to a premises liability attorney immediately
Due to Florida’s two-year statute of limitations you need to move fast to protect your legal rights.
Proving Negligence in Florida
Four elements must be proven to secure a premises liability case victory in Florida.
- Duty of Care: Demonstrate that the property owner had a legal obligation toward you according to your classification as a visitor
- Breach of Duty: Demonstrate how the property owner breached their responsibility to you.
- Causation: Prove the breach directly caused your injury
- Damages: Document your actual damages by showing medical bills along with lost income and pain and suffering payments.
Compensation You Might Receive
Your successful premises liability claim may allow you to receive various types of compensation.
Economic Damages:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Property damage
- Rehabilitation costs
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring or disfigurement
Punitive Damages: Punitive damages may be granted in exceptional situations where gross negligence is evident to penalize the responsible party.
Working With a Premises Liability Lawyer
The complexity of premises liability cases increases as Florida continues to update its laws. A good lawyer can:
- Evaluate your case strength
- Determine claim value
- Handle insurance communications
- Collect evidence
- Consult expert witnesses
- Negotiate settlements
- Represent you at trial if needed
Select a lawyer who specializes in premises liability cases within Florida and demonstrate knowledge of state laws along with a history of positive case results.
Florida law now limits claim filing time to two years rather than four, which requires injured individuals to take prompt action. Under the modified comparative negligence system your compensation can be decreased if you share some responsibility for the accident.
A successful premises liability claim requires evidence that the property owner had a duty of care toward you and breached this duty leading to your injuries and damages.
A skilled Florida premises liability attorney can substantially increase your opportunity to obtain fair compensation for your injuries.
