Have you recently been injured after slipping, tripping, or falling on someone else's property? You're not alone. Many Florida residents face unexpected medical bills and lost wages due to property owner negligence. At DeLoach, Hofstra & Cavonis, P.A., our Seminole slip and fall lawyers understand how a sudden fall can affect every aspect of your life.
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We believe you shouldn't have to pay for losses caused by a property owner's carelessness. Our legal team helps slip and fall victims in Pinellas County and throughout the state understand how Florida’s premises liability laws protect their rights to pursue fair compensation.
Property Owner Duties Under Florida Law
Florida law requires property owners to maintain safe conditions for visitors. Florida Statute Section 768.0755 states that if a person slips and falls on a transitory foreign substance in a business establishment, they must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.
Property owner responsibilities include:
- Regular inspection of the property to identify potential hazards
- Prompt repair of known dangers
- Clear warnings about unsafe conditions that cannot be immediately fixed
- Proper lighting in walkways and common areas
- Reasonable security measures to prevent criminal activity
Examples of Valid Slip and Fall Injury Claims
If a grocery store knows about a spill in the soup can aisle but fails to clean it up or put up warning signs, they may be liable if someone slips and falls on the slippery floor. Similarly, an apartment building owner who ignores broken stairs or poor lighting could be responsible for resulting injuries.
When Premises Liability for Injuries May Not Apply
Property owners aren't automatically responsible for every accident. If a customer in a store spills a drink and another customer slips on it moments later, before employees had a reasonable chance to discover and clean up the spill, the store may not be liable.
The injury was not the direct result of the property owner's negligence because store employees did not have enough time to learn about and address it.
Common Hazardous Conditions in Premises Liability Cases
Property owners must address many types of dangerous conditions.
Public Spaces
In public spaces like restaurants and retail stores, they must look out for:
- Wet floors from cleaning, spills, or tracked-in rain
- Uneven walking surfaces or loose flooring
- Poor lighting in walkways and stairwells
- Broken handrails or steps
- Unmarked changes in floor elevation
- Cluttered aisles or walkways
Private Property
Florida laws governing property owner negligence and premises liability also apply to private properties, like apartment buildings and hotels. Examples of possible hazards, both inside the building and on exterior premises, include:
- Cracked or uneven sidewalks
- Icy walkways in winter
- Loose carpeting or floor tiles
- Inadequate lighting in common areas
- Missing or broken safety features
- Poorly maintained swimming pools
How Long Property Owners Have to Address Hazards
Property owners must address dangerous conditions within a reasonable timeframe. What counts as "reasonable" depends on several factors:
- The type and severity of the hazard
- How long the hazard has existed
- Whether the owner knew or should have known about the problem
- The cost and difficulty of fixing the issue
- The likelihood of someone getting hurt
For instance, a store should clean up a spilled drink immediately upon discovery. However, they might have more time to repair a crack in the sidewalk as long as they provide adequate warnings in the meantime.
Legal Requirements for Florida Premises Liability Claims
A valid personal injury claim in Florida involving premises liability must meet a series of important legal requirements.
Statute of Limitations
Florida Statute Section 95.11(5)(a) provides a statute of limitations of two years from the date of injury to file a premises liability lawsuit. The limit was four years until Florida updated its law in March 2023. However, certain circumstances may shorten this timeframe. The process for suing a government entity is different.
Types of Available Damages
Victims may recover compensation for:
- Medical expenses, past and future
- Lost wages and reduced earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Property damage
Modified Comparative Negligence
Florida follows a modified comparative negligence system. You can recover damages as long as you're not more than 50% responsible for your injury. Your compensation will be reduced by your percentage of fault. For example, if you suffer $100,000 in damages and are 25% at fault, you may recover up to $75,000 in settlement or verdict.
Evidence Requirements to Prove Property Owner Negligence
To prove premises liability in a personal injury claim, you must show:
- A dangerous condition existed on the property
- The owner knew or should have known about it
- The owner failed to fix it or warn about it
- You were injured as a result
- Your injuries caused specific damages
To support your case, your Florida slip and fall lawyer may gather such evidence as photos of the hazardous condition, surveillance footage, and maintenance records. Witness statements, medical records, and accident reports can further substantiate your claim.
