When you visit a store, restaurant, hotel, apartment complex, or office building in Florida, you expect the property to be reasonably safe. Unfortunately, dangerous conditions—like wet floors, broken stairs, poor lighting, or unsecured merchandise—cause serious injuries every day.
If you were hurt on business property, Florida law may allow you to sue the business owner or operator for compensation. These cases are known as premises liability claims, and they follow specific rules under Florida law.
What Is Premises Liability in Florida?
Premises liability refers to a property owner’s legal responsibility to maintain safe conditions for people lawfully on their property. Businesses that invite customers onto their premises—such as retail stores, restaurants, and hotels—owe the highest duty of care to visitors.
Under Florida law, businesses must:
-
Regularly inspect their property
-
Fix dangerous conditions within a reasonable time
-
Warn customers of known hazards
-
Take steps to prevent foreseeable injuries
Failure to meet these duties can result in legal liability if someone is hurt.
Common Business Property Injury Cases in Florida
Many premises liability claims involve preventable hazards, including:
-
Slip and fall accidents from wet floors, spills, or uneven surfaces
-
Trip and fall injuries caused by cracked sidewalks, loose carpeting, or cluttered aisles
-
Negligent security claims involving assaults or robberies due to poor lighting or lack of security
-
Falling object injuries from improperly stacked merchandise
-
Parking lot accidents caused by potholes, broken curbs, or poor maintenance
These injuries often lead to broken bones, head injuries, spinal damage, and long-term disability.
What Must You Prove to Sue a Business in Florida?
To successfully sue a business for injuries on its property, you must generally prove:
1. The Business Owed You a Duty of Care
Customers, patrons, and invited guests are legally protected under Florida premises liability law.
2. A Dangerous Condition Existed
This could include a spill, defect, hazard, or unsafe condition on the property.
3. The Business Knew or Should Have Known About the Hazard
Florida law allows liability if the business:
-
Had actual knowledge of the danger, or
-
Should have discovered it through reasonable inspections (constructive knowledge)
4. The Hazard Caused Your Injury
There must be a direct link between the unsafe condition and your injuries.
Florida’s Slip and Fall Law: What Makes These Cases Different?
Florida has special rules for slip and fall cases involving transitory foreign substances, such as spills or debris.
In these cases, the injured person must prove the business had actual or constructive knowledge of the dangerous condition. Evidence may include:
-
Surveillance footage
-
Witness statements
-
Prior complaints or incident reports
-
The length of time the hazard existed
-
Dirty footprints or track marks showing the condition was present for a while
These cases are often heavily defended by businesses and their insurance companies.
What Compensation Can You Recover?
If your claim is successful, you may be entitled to compensation for:
-
Medical bills and future medical care
-
Lost wages and reduced earning capacity
-
Pain and suffering
-
Permanent disability or scarring
-
Out-of-pocket expenses
The value of a case depends on the severity of the injury, the strength of the evidence, and whether the business violated safety standards.
What If the Business Blames You?
Businesses and insurers frequently argue that the injured person was distracted, careless, or should have noticed the hazard. Florida follows a comparative negligence system, meaning your compensation may be reduced—but not eliminated—based on your percentage of fault.
Even if you were partially responsible, you may still have a valid claim.
What Should You Do After an Injury on Business Property?
If you are injured on a business’s property in Florida:
-
Report the incident immediately
-
Request an incident report
-
Take photos or videos of the hazard
-
Get contact information for witnesses
-
Seek medical attention promptly
-
Avoid giving recorded statements to insurance companies
Early documentation can be critical to preserving your claim.
Do You Need a Florida Personal Injury Lawyer?
Premises liability cases are fact-intensive and aggressively defended. Businesses often deny knowledge of hazards or claim they acted reasonably. An experienced Florida personal injury lawyer can investigate the scene, preserve evidence, consult experts, and negotiate with insurers—or file a lawsuit if necessary.
Final Thoughts
If you were injured on business property, you should not assume it was “just an accident.” Florida law holds businesses accountable when unsafe conditions cause harm. Understanding your rights is the first step toward recovery.
Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.