Adriana P. Santiesteban, Esq.
An Experienced & Top Rated Personal Injury Attorney in Miami
A True Local Miami Lawyer, Advocating for Your Rights with Over 15 Years of Dedication and Expertise
Current Treasurer and Past President of COLBAR
Member of The Florida Bar since 2008
Adjunct Professor at St. Thomas University
Miami Personal Injury Lawyer & Premises Liability Law in Florida
When people think of personal injuries, they often imagine car accidents or workplace incidents. However, a significant number of injuries occur simply because property owners—whether they are individuals, businesses, or government entities—fail to maintain their premises in a safe condition. In Florida, the legal framework holding these property owners accountable for injuries sustained on their premises is known as premises liability law. It covers a wide range of accidents: from a slip and fall in a Miami grocery store to a negligent security incident in an Orlando amusement park, and everything in between.
By understanding your rights and responsibilities, you can make informed decisions about seeking the help of a personal injury lawyer, or attorney for personal injury near you. If you’ve been injured on someone else’s property or simply wish to be informed about premises liability in Florida, keep reading. As an experienced Miami Personal Injury Lawyer, these are the most common scenarios that give rise to legal claims, offers insights into how damages are calculated, and explains what you need to do to protect your right to fair compensation in case of a personal injury caused by others’ negligence.
Overview of Florida Premises Liability Law (2025 Update)
Florida premises liability law places legal responsibility on property owners for ensuring that their property is reasonably safe for visitors. This includes private homeowners, landlords, commercial property owners (such as shopping malls, amusement parks, cruise lines), and even government entities in some cases (like public parks and schools). Over the years, Florida has seen a variety of legislative updates and court rulings that shape premises liability standards, ensuring that injured parties have avenues for compensation when negligence is involved.
In 2025, the overarching principles remain largely consistent with previous years, but Florida courts continue to refine how these rules apply in specific situations—such as accidents on cruise ships (which sometimes involve federal maritime law) and newer forms of public transportation. Regardless of the venue, the core concept is that if a property owner or occupier knew or should have known about a dangerous condition, and failed to fix or warn visitors about it, they may be held liable for any resulting injuries.
Legal Responsibilities of Property Owners
Under Florida premises liability law, owners and occupiers of property have a duty of care. This duty varies based on the relationship between the owner/occupier and the person who enters the property. Generally, property owners must:
- Regularly inspect their property: This means identifying potential hazards such as wet floors, poorly maintained stairs, faulty lighting, or broken handrails.
- Correct known hazards in a timely manner: If a property owner becomes aware of a defect or danger, they must address it within a reasonable time frame.
- Provide warnings if an immediate fix isn’t possible: For instance, signs indicating “Wet Floor” or “Under Construction” can fulfill the legal requirement to warn visitors of potential hazards.
When owners fail to meet these obligations and someone is injured, they can be found responsible for damages if the injured party can prove the owner’s negligence was the cause. This is why hiring an attorney for personal injury or a lawyer in Miami can be crucial. An experienced personal injury lawyer near you can conduct investigations, gather evidence, and ensure your rights are protected.
Status of the Injured Party: Invitee, Licensee, and Trespasser
One of the most crucial elements in premises liability cases is the status of the injured party:
- Invitee: This is a person invited onto the premises for a business purpose (e.g., a customer in a store) or a public purpose (e.g., a visitor to a public park). Property owners owe the highest duty of care to invitees, requiring them to keep the property reasonably safe and warn about known dangers.
- Licensee: A person who enters the property for their own purpose, such as a social guest. Owners owe a slightly lesser duty of care, but must still ensure that any dangerous conditions are addressed or warned about if the owner knows of them.
- Trespasser: Someone who enters the property without permission. Under Florida law, owners owe trespassers a minimal duty—mainly not to willfully harm them. However, there are exceptions, especially involving child trespassers who may be attracted by something dangerous on the property (an “attractive nuisance” like a pool or trampoline).
Understanding these distinctions is vital because the duty of care—and thereby potential liability—varies significantly.
Types of Premises Liability Claims in Florida
Florida premises liability law covers a vast range of potential hazards, accidents, and injuries. Below is an extensive, though not exhaustive, list of the most common scenarios in which a attorney for personal injury might become involved.
Slip and Fall Accidents
Slip and fall accidents are among the most frequent premises liability claims. They typically involve wet or slippery floors, often due to spilled liquids, freshly mopped surfaces, or leaks. Florida Statutes (including §768.0755) outline the owner’s responsibility to address dangerous floor conditions in a timely fashion. In Miami and all around South Florida, where rain and humidity can accumulate on indoor floors, these incidents are especially common.
Trip and Fall Accidents
Trip and fall injury cases occur when an individual trips over uneven surfaces, loose carpeting, or objects obstructing walkways. Like slip and fall claims, Florida law requires property owners to fix these hazards or provide adequate warnings. Examples might include poorly marked steps, loose extension cords, or debris on the floor in a shopping mall.
Negligent Security
When property owners fail to provide adequate security measures to protect visitors or tenants from foreseeable criminal acts, they can be held liable for any resulting injuries. Negligent security claims often arise in apartment complexes, hotels, parking garages, stadiums, or nightclubs, especially in high-crime areas of Miami or elsewhere in South Florida. Security measures might include proper lighting, functional locks, security cameras, or trained security personnel.
Swimming Pool Accidents
Florida’s warm climate makes swimming pools a common feature at homes, hotels, and community centers. The state law requires pool owners to follow certain safety regulations, like installing fences with self-closing gates or alarms to prevent accidental drownings, especially involving children. When these regulations are not adhered to and someone is injured or drowns, the owner can face liability.
Dog Bites and Animal Attacks
Under Florida law, dog owners can be strictly liable for bites that occur on their property if the victim was lawfully on the premises. Even if a dog had never shown aggression before, the owner might still be responsible for the injuries. Many dog bite cases happen when visitors or service workers enter private property and are attacked by a poorly restrained pet.
Elevator and Escalator Accidents
From high-rise office buildings to popular malls, elevators and escalators are everywhere in South Florida. Mechanical failures, inadequate maintenance, or design defects can cause serious personal injuries, including crushed limbs, falls, and entrapment. Property owners and the companies responsible for maintaining these systems can be held liable if they fail to properly inspect and service them.
Amusement Park Injuries
Florida is renowned for its theme parks and amusement centers. While these parks often have robust safety protocols, accidents can still happen on rides, in queue areas, or in crowded spots. Premises liability claims may arise if the park’s management fails to repair malfunctioning rides, doesn’t address hazards like slippery walkways, or neglects to provide adequate warnings.
Fire and Burn Injuries
Fires can break out due to faulty wiring, unsafe heating equipment, or lack of maintenance. Burns may also occur in commercial kitchens, restaurants, or from hot surfaces and liquids. If a property owner ignores building codes, such as the need for proper fire exits or alarm systems, they could face a premises liability claim.
Rental Property Accidents
Landlords have specific obligations under Florida law to keep rental properties safe and habitable. When they fail to fix dangerous conditions—like broken stair railings, mold issues, or leaky roofs—that lead to tenant injuries, they can be liable. Premises liability in a landlord-tenant context also covers common areas such as hallways, lobbies, and parking lots.
Inadequate Maintenance and Unsafe Conditions
General property upkeep covers a vast spectrum of issues, from cracking sidewalks to failing infrastructure in older buildings. Commercial property owners in Miami and all around South Florida must keep their premises safe for both employees and visitors. Ignoring routine maintenance tasks—like fixing potholes in a parking lot—can lead to injuries and subsequent liability.
Stadium and Sports Venue Accidents
Sporting events draw huge crowds to stadiums and arenas. Slip and fall accidents on stairs, inadequate crowd control, and collisions with promotional displays or equipment can all result in premises liability claims. Owners of these large venues in Florida must ensure that signage, railings, and hazard warnings are up-to-date and that security protocols are sufficient.
Poor Lighting and Visibility-Related Accidents
Inadequate lighting can cause trips and falls, encourage criminal activity (leading to negligent security cases), and obscure hazards in walkways. Owners of residential and commercial properties must install proper lighting in hallways, parking lots, and entrances to reduce the risk of accidents and injuries caused by poor lighting and visibility related accidents.
Toxic Fumes or Chemical Exposure
Exposure to harmful substances like carbon monoxide, asbestos, toxic molds, or industrial chemicals can cause severe health problems. Property owners have a duty to regularly inspect buildings for such hazards. This is especially relevant in older constructions or industrial facilities, where chemical storage may be poorly managed.
Construction Site Accidents
While construction sites are inherently hazardous, there are still safety regulations that must be followed. Passersby or visitors can be injured by falling debris, unsafe scaffolding, or heavy equipment. Property owners, contractors, and subcontractors can be held liable if proper precautions, signage, and barriers are not provided.
Public Park and Recreational Facility Incidents
Government-owned parks and recreational facilities aren’t exempt from premises liability, although special rules and sovereign immunity can come into play. From playground equipment failures to unmarked hazards like hidden tree roots or sharp rocks, public entities can be held accountable for negligence if they knew or should have known about the danger.
Cruise Ship and Maritime Accidents
Cruise ship accidents—ranging from slippery decks to inadequate security—combine premises liability with maritime law. The complexities of jurisdiction (federal and international regulations) make it essential to consult a personal injury attorney experienced in cruise ship claims. Many cruises depart from South Florida ports, so if you’re injured on a vessel, your claim could fall under both state and federal laws.
Restaurant, Superstore, Shopping Mall, and Food Court Accidents
These public venues have a constant flow of customers. Common hazards include slippery floors near entrances on rainy days, spilled food or drinks, merchandise falling from high shelves, or poorly maintained escalators. Owners must regularly monitor these spaces, clean up spills promptly, and ensure that fixtures are properly secured.
Public Bathroom Accidents
Slip hazards due to wet floors, faulty hand dryers, or broken tiles are common in public bathrooms. Property owners should ensure that these facilities are regularly cleaned, inspected, and adequately stocked with supplies that reduce the risk of falls (e.g., hand towels or functioning hand dryers). If an unsafe bathroom condition causes an injury, the owner or manager could be held liable.
Tour Bus and Public Transportation Accidents
Accidents while going on a tour bus and public transportation can happen before passengers even board a vehicle, such as when walking through a station or climbing steps onto a bus. For example, a cracked sidewalk or a missing handrail can cause a serious fall. In these cases, the entity responsible for maintaining the station or transportation facility might be liable under premises liability law.
If you have injured in a tour bus or a public transportation because of a crash, you must collect evidence, get immediate medical help and contact a personal injury attorney.
Accidents in Schools and Educational Facilities
South Florida school districts and private institutions have a duty to keep their premises safe for students, their staff, and the visitors. Whether it’s a slip and fall in a school cafeteria, playground equipment accidents, or injuries from poor building maintenance, these institutions can be held responsible for damages if their negligence led to personal injury.
Parking Lot and Parking Garage Injuries
Parking lots and garages can be dangerous if they’re poorly lit, have inadequate security, or contain hazards like potholes and uneven pavement. Criminal acts can also occur, leading to negligent security claims when property owners fail to address known risks.
Hospital, Clinic, and Medical Facility Accidents
Medical facilities like hospitals and clinics must not only provide quality healthcare, but also maintain safe premises all the time. Slip and fall incidents can occur due to spilled liquids in hallways or waiting areas, and poor lighting or uneven flooring can lead to serious injuries for patients and visitors.
Café and Coffee Shop Incidents
Busy coffee shops often experience floor spills or congested pathways that lead to trip hazards. Owners must ensure quick cleanup and provide hazard warnings. With increased foot traffic during peak hours, injuries in cafes and coffee shops can happen if the staff isn’t attentive to potential dangers.
Other Potential Premises Liability Situations
Premises liability can arise in virtually any setting. From co-working spaces to shared community areas in gated neighborhoods, the fundamental principle remains the same: property owners have a duty to ensure their environment is reasonably safe. If they fail in that duty, an injured person has the right to consult a personal injury lawyer to seek compensation.
Proving a Premises Liability Case
To succeed in a Florida premises liability lawsuit, four main elements must be proven:
- Duty of Care: Show that the defendant had a duty to maintain the property safely or warn of hazards.
- Breach of Duty: Prove that the defendant failed to meet this duty, either by not fixing a known hazard or not providing adequate warning.
- Causation: Establish a direct link between the breach of duty and the injury. In other words, the hazard must be the cause of the injury.
- Damages: Demonstrate that the injury led to compensable damages, such as medical bills, lost wages, or pain and suffering.
An experienced personal injury attorney in Miami, or anywhere else in South Florida, can be instrumental in helping gather evidence—like surveillance footage, expert testimony, and maintenance logs—to prove each of these elements.
Comparative Negligence in Florida
Florida follows a modified comparative negligence standard. Under these rules, if you are partially at fault for your accident, your damage award is reduced by the percentage of your own liability. For example, if you slipped and fell because you were texting while walking and are found 20% at fault, you can only recover 80% of the total damages.
However, as of 2023 legislation that still holds as of 2025, if you’re found to be more than 50% at fault, you may be barred from recovering damages in most personal injury claims. This can significantly affect premises liability cases where the defense argues the injured party was not paying attention, was wearing unsafe footwear, or engaged in risky behavior.
Damages Available in Premises Liability Cases
If a premises liability claim is successful, you may be entitled to the following types of compensation:
- Medical Expenses: Covers past, current, and future costs for treatments, surgeries, medications, and rehabilitation.
- Lost Wages and Loss of Earning Capacity: If you’ve missed work or can’t return to the same level of employment due to your injuries, you can seek compensation for the loss.
- Pain and Suffering: Damages for physical pain and the emotional distress caused by the injury.
- Property Damage: If any personal property (like a cell phone or watch) was damaged in the accident, you might recover repair or replacement costs.
- Punitive Damages: In rare cases involving egregious negligence or intentional misconduct, Florida courts may award punitive damages to punish the at-fault party.
Time Limits (Statute of Limitations) for Filing a Claim
In Florida, as of 2023, the statute of limitations for most negligence-based premises liability cases is generally two years from the date of injury, for claims accruing on or after March 24, 2023. Claims that accrued prior to that date may still be subject to the four-year deadline that applied under the old law.
Additionally, if the defendant is a government entity (like a public school or city-owned property), a shorter period and special notice requirements may apply. Since these timelines can become complicated—and because recent legislative changes continue to refine the rules—it’s crucial to consult a personal injury lawyer or lawyer for personal injury promptly to ensure you don’t miss critical filing deadlines.
How a Florida Personal Injury Lawyer Can Help
An experienced personal injury attorney does more than file paperwork. They investigate the case, consult experts to determine whether property owners met their standard of care, negotiate with insurance companies, and, when necessary, represent you in court.
- Evidence Gathering: Securing surveillance footage, witness statements, and accident reports.
- Expert Consultations: Working with engineers or safety experts to prove hazards existed.
- Negotiation: Insurance companies try to minimize their payouts. A seasoned attorney for personal injury can push for a fair settlement.
- Litigation: If the negotiations fail, a personal injury attorney can take your case before a judge or jury.
Seeking the help of a personal injury attorney near you in Miami or South Florida can significantly increase your chances of recovering maximum compensation you deserve.
Taking Action After an Accident on Someone’s Property
- Seek Medical Attention: Your health is paramount, and medical documentation is a critical piece of evidence.
- Report the Incident: Notify the property owner or manager immediately and fill out an incident report if possible.
- Document the Scene: Take photos or videos of the hazard, gather contact information from any witnesses, and note any cameras in the area that might have recorded the accident.
- Consult a Lawyer: The quicker you consult a personal injury attorney, the easier it is to collect evidence and preserve your legal rights.
Frequently Asked Questions about Premises Liability
What if I’m partially to blame for my accident?
Under Florida’s modified comparative negligence rules, your compensation may be reduced or barred depending on your share of fault.
Do I have a case if I slipped in a store but didn’t see anything on the floor?
Possibly. The store could still be liable if there was an invisible hazard like a clear liquid or if they failed to warn about or clean up a known spill.
What if I fell on a public sidewalk?
Responsibility may lie with a government entity or a business adjacent to the sidewalk. These claims can be more complex due to sovereign immunity rules.
How much is my premises liability case worth?
Value depends on factors like severity of injuries, medical expenses, lost wages, and the clarity of liability. Consulting a lawyer for personal injury helps in determining a fair estimate.
How long do I have to file a claim?
Generally two years for most premises liability claims accruing after March 24, 2023, but it can be four years for older claims and shorter in special circumstances, such as those involving government entities.
Will my case go to trial?
Many premises liability cases settle out of court. However, having a lawyer prepared for trial can encourage a fair settlement.
Conclusion and Final Thoughts
Premises liability law in Florida is a broad, dynamic field that covers a vast range of accident scenarios—from dog bites to negligent security, from slip and fall accidents in your local Miami supermarket to falls on escalators in a South Florida shopping mall. Property owners who fail to maintain a safe environment can be held accountable for injuries that result from their negligence.
If you or a loved one has suffered harm on someone else’s property, understanding your legal options is crucial. Consulting a knowledgeable personal injury lawyer or lawyer for personal injury as soon as possible can make all the difference in securing the compensation you need for medical bills, lost wages, and overall recovery. Florida’s modified comparative negligence system and specific statutes—like those governing swimming pool safety—further underscore the need for professional legal guidance.
Staying informed about premises liability law in Florida means being ready to stand up for your rights when you need to. This 2025 update reflects the state’s ongoing commitment to public safety while emphasizing personal accountability. Always remember: if you’ve been hurt because someone else neglected their responsibility to maintain safe premises, you don’t have to face the aftermath alone. An experienced personal injury attorney near you can be a powerful advocate on your road to recovery.
Disclaimer: This article is intended for informational purposes only and does not constitute as legal advice. For personalized guidance about your case, always consult a qualified personal injury attorney in your jurisdiction. Attorney Adriana P. Santiesteban, Esq. is serving the entire state of Florida. Office located in Miami. By appointment only.
