premises liability
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What is a Premises Liability (Personal Injury)?
Premises liability is an area of personal injury law that holds property owners, businesses, landlords, and other occupiers responsible when someone is injured because they failed to maintain reasonably safe premises or warn visitors of known hazards.
Premises liability encompasses a wide range of accidents, including slip and falls, negligent security incidents, dog bites, swimming pool accidents, falling objects, and other injuries caused by dangerous property conditions.
Common types of premises liability cases
Premises liability claims may involve:
- Slip and fall accidents
- Trip and fall accidents
- Negligent security
- Dog bites and animal attacks
- Swimming pool accidents
- Elevator and escalator accidents
- Stairway accidents
- Falling merchandise or objects
- Balcony or deck collapses
- Inadequate lighting
- Fires and explosions
- Toxic exposure
- Amusement park accidents
- Building code violations
Common hazardous conditions
Dangerous property conditions may include:
- Wet or slippery floors
- Uneven sidewalks
- Broken stairs or handrails
- Poor lighting
- Loose flooring or carpeting
- Inadequate security
- Broken gates or fences
- Unsafe swimming pools
- Falling debris
- Defective elevators
- Exposed electrical hazards
- Unsafe construction areas
Common injuries
Premises liability accidents often result in:
- Traumatic brain injuries (TBI)
- Concussions
- Spinal cord injuries
- Neck and back injuries
- Broken bones
- Hip fractures
- Internal injuries
- Burns
- Lacerations
- Permanent disability
- Wrongful death
Who may be liable?
Depending on the circumstances, liable parties may include:
- Commercial property owners
- Business owners
- Property management companies
- Landlords
- Homeowners
- Tenants
- Retail stores
- Hotels and resorts
- Apartment complexes
- Government entities responsible for public property
- Maintenance contractors
What must be proven?
A successful premises liability claim generally requires proof of the following:
The hazardous condition caused the victim’s injuries and resulting damages.
1. Duty of Care — The property owner or occupier owed a legal duty to maintain reasonably safe premises for lawful visitors.
2. Dangerous Condition — A hazardous condition existed on the property.
3. Knowledge — The owner knew or reasonably should have known about the dangerous condition through proper inspection or prior notice.
4. Failure to Correct or Warn — The owner failed to repair the hazard or provide an adequate warning.
5. Causation and Damages — The hazardous condition caused the victim’s injuries and resulting damages.
Compensation available
Injured victims may be entitled to recover compensation for:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation expenses
- Permanent disability
- Loss of enjoyment of life
- Wrongful death damages
Evidence commonly used
Strong premises liability claims often rely on:
- Photographs and videos of the hazardous condition
- Surveillance camera footage
- Incident reports
- Witness statements
- Medical records
- Maintenance logs
- Inspection records
- Building code violations
- Prior complaints
- Expert testimony
Florida premises liability claims
Florida property owners have a duty to maintain their premises in a reasonably safe condition and to warn visitors of known dangers that are not open and obvious. The scope of that duty can vary depending on the visitor’s legal status (such as an invitee or licensee) and the circumstances of the accident.
For business establishments, Florida law often requires proof that the owner had actual or constructive knowledge of the dangerous condition before liability may be imposed.
Florida also follows a modified comparative negligence system. If the injured person is partially responsible for the accident, any compensation may be reduced according to their percentage of fault.
Frequently Asked Questions
What should I do after a premises liability accident?
- Seek medical attention immediately.
- Report the incident to the property owner or manager.
- Photograph the hazardous condition.
- Obtain witness contact information.
- Keep copies of all medical records and expenses.
- Request a copy of any incident report.
- Contact a premises liability attorney as soon as possible.
What is premises liability?
Premises liability is the legal responsibility of property owners and occupiers to keep their property reasonably safe and to address or warn visitors about dangerous conditions that could cause injuries.
Can I sue if I fell on someone else’s property?
Possibly. If the property owner was negligent in maintaining the premises or failed to warn you of a dangerous condition that caused your injury, you may have a valid claim.
How long do I have to file a premises liability claim in Florida?
The deadline depends on the specific facts of the case and applicable Florida law. Speaking with an attorney promptly helps preserve evidence and protect your legal rights.
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We Put Your Recovery & Compensation First
Elle Rudisill Law Firm represents individuals and families who have been injured due to the negligence of others. Our practice focuses exclusively on personal injury law, allowing us to provide knowledgeable, strategic, and client-focused representation in matters including:
✔ Car Accidents
✔ Truck Accidents
✔ Bus Accidents
Each case is handled with personalized attention, a thorough investigation, and a results-driven approach to pursuing the maximum compensation available under the law.