Florida Premises Liability Lawyer

What must you prove after a Florida slip and fall in a store?

When you slip on a transitory substance, such as a spilled drink or produce, in a business, Florida law requires you to prove the business had actual or constructive knowledge of the condition and should have fixed it.

Constructive knowledge can be shown in two ways: the substance was there long enough that the business should have found it, or the condition happened regularly enough that it was foreseeable. Evidence often includes video, the condition of the spill such as footprints or cart tracks, inspection logs and employee testimony. Our team asks for video right away because stores often overwrite footage within days.

How does Florida classify visitors on property?

Florida generally distinguishes between invitees, licensees and trespassers. Invitees, such as customers and hotel guests, are owed the highest duty: the owner must keep the property reasonably safe and warn of hidden dangers it knew or should have known about.

Social guests are generally treated as invitees in Florida, which gives them more protection than in some states. Uninvited licensees and trespassers are owed much less, generally protection from intentional harm and, for known trespassers, a warning about known dangers. Children may receive extra protection when an owner keeps an attractive hazard such as an unfenced pool.

How did the 2023 reform change negligent security cases?

It made them harder. Florida's 2023 law allows juries to assign fault to the criminal who caused the harm, which can reduce the property owner's share. It also gives owners of apartment complexes protection if they substantially implement specified security measures.

Those measures include items such as security cameras, lighting, locks and training. Negligent security claims still exist when an owner ignored known risks, failed to meet the standards, or a hotel, bar or parking garage did not take reasonable steps after prior crimes. These cases require early investigation into police call histories and the owner's security records. Learn more about premises liability claims.

How does Florida's 51% rule apply to a fall?

Your recovery is reduced by your share of fault and barred if you are found more than 50% at fault. Owners frequently argue that a hazard was open and obvious or that you were distracted.

Imagine a hotel guest in Miami Beach who slips on an unmarked wet pool deck while carrying drinks. A jury values the damages at $120,000.

• Guest 25% at fault: recovery of $90,000.
• Guest 50% at fault: recovery of $60,000.
• Guest 51% at fault: recovery of zero.

Proof that the hotel knew the deck became slick, such as prior complaints or missing nonslip surfaces, can keep the guest's share low.

What injuries are common at Florida resorts, condos and rentals?

Florida's tourism and coastal living create premises risks that are less common elsewhere. Many involve large companies with corporate insurers and detailed incident procedures.

• Drowning and near-drowning in hotel, condo and vacation rental pools without proper fencing or lifeguards.
• Balcony and railing failures in older coastal buildings.
• Falls on wet tile floors in lobbies and restaurants.
• Theme park and attraction injuries, including ride incidents and crowd crushes.
• Hurricane damage that owners failed to repair, such as loose roofing or broken walkways.

Condo associations may be responsible for common areas, while unit owners or rental managers may control the interior. Identifying who controlled the hazard is a key early step. Visitors injured on vacation should report the incident before checking out, photograph the hazard and keep receipts, because returning home makes evidence harder to collect. Dog attacks on another person's property may fall under Florida's dog bite rules; see our dog bite practice.

What if you were hurt on Florida government property?

You may have a claim, but the rules are different. Florida requires written notice to the agency, and for many claims to the Department of Financial Services, within three years, and the agency must have time to respond before a lawsuit.

Florida also limits how much can be collected from state and local government defendants unless the legislature approves more. Public sidewalks, parks, beaches and government buildings are common settings. See our government and public property claims page. For deaths caused by unsafe property, see our Florida wrongful death page, and visit the Florida injury hub for more deadlines.