Property Owner Liability

“Premises liability" really means property owner or manager liability. Florida law holds owners, and often occupiers or possessors (such as property managers or tenants), of property legally responsible for accidents and injuries that occur on that property where their negligence, or fault, can be proven. The types of premises liability cases range from slip-and-fall, trip-and-fall, defective condition inside or outside the property, or poor security.

People often mistakenly believe that because they were injured on another’s property, whether it is a commercial property (e.g. malls, amusement parks, grocery stores, retail stores, etc.) or a residential property (e.g. neighbor’s home), that the property owner is automatically held responsible for the personal injury. This is simply not so in Florida.

Instead, the injured consumer must prove that the property owner did something which caused the injury or failed to do something which could have prevented the injury.

Generally, property owners and possessors are responsible to keep their premises in a reasonably safe condition, as well as to adequately warn patrons or guests of defects on the premises. The burden of proving the defective or negligent condition, as well as its cause of injuries, is often on the victim. This includes the injured consumer usually having to prove that the owner, manager, or tenant knew, or should have known through reasonable inspection, of the poor conditions or existence of hazards that caused the injuries.

If the owners or possessors do not live up to this duty and you are injured, they may be held accountable for your injuries, including medical bills, lost wages, and pain and suffering. Money damages may be recoverable from the insurance company that covers the claim.

Defendants, such as property owners, managers, and lessees/tenants, often defend a premises liability lawsuit by claiming that they were not at fault. Some common defenses include:

Visitor was not looking where he/she was walking
Owner, manger, or tenant did not have any notice of the dangerous condition
Visitor was partially at fault for what happened
Customer did not exercise reasonable care for his or her own safety
Hazard was open and obvious

If a jury believes the defendant that the plaintiff-victim was also at fault for the incident, then the plaintiff's money recovery may be limited or reduced by his or her own negligence.

Florida uses a "comparative fault" system in personal injury cases, meaning that an injured person's legal damages will be reduced by a percentage that is equivalent to his or her fault for the incident. For example, if it is decided that a personal injury victim was 50% at fault a premises liability injury, and the total damages awarded are $100,000, then the personal injury victim will receive only $50,000 (or 50% reduction of $100,000) from that damage award.

As noted, there are many types of property liability claims, including the following:

Trip and fall
Slip and fall
Inadequate security
Foreign substance, such as water, juice, or other liquid on the floor, causing the surface to be slippery
Falling merchandise
Uneven or unsafe floor, parking lot, or sidewalk
Improperly constructed premises, creating defects
Defective stairs
- uneven stairs
- uneven risers
- lack of slip resistant surface
Defective thresholds
Loose or missing handrails
Unguarded holes or open pits
Unfenced swimming pools
Spa drain entrapment (pool, spa, hot tub)
Failure to timely or adequately inspect the property
Poor maintenance of the property
Building code violations
Negligent mode of operation
- business’ policies, procedures, and how they result in property hazards

Serious personal injury claims resulting from unsafe property and premises liability can be devastating. Liability questions can be challenging, but prompt investigation can be an important and valuable tool.

For dedication and experience, contact our personal injury attorneys. We proudly serve deserving clients and their families who are seeking to overcome the challenges of serious personal injury and wrongful death throughout Florida and beyond in other States.

Locally, we are also proud to serve our neighbors throughout Southwest Florida, including those in Arcadia, Alva, Avon Park, Bonita Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, Desoto County, Englewood, Felda, Fort Myers, Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee, La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.

We provide aggressive, prompt, and ethical advocacy on behalf of individuals and families who have suffered serious personal injury, accident injury, and wrongful death.

Contact our injury attorneys for a confidential and candid assessment of your property owner liability claim.