Last Updated: February 8th, 2023 at 3:15 pm
Read Time: 6 Minutes
Premise liability laws in Florida outline the responsibilities and obligations that home, business, and property owners have to keep guests and patrons safe when visiting. Additionally, these laws dictate the legal ramifications for property owners should they fail to uphold these responsibilities and obligations, as well as the recourse that visitors may have should they sustain harm or injury as a result.
If you or a loved one suffer an injury while on another party’s property, whether public or private, you may be entitled to significant compensation. Contact Weinstein Legal today for a free case evaluation and to see what your personal injury claim may be worth.
Justin Weinstein is an experienced personal injury attorney in South Florida with years of experience working on premise liability cases. Whether you are seeking a settlement from an insurance company or are looking to move forward with a lawsuit, Mr. Weinstein can aggressively fight your case. For your free case evaluation, call 954-845-0505 today to speak with the team.
What Is Premise Liability in Florida?
Premise liability laws in the state of Florida dictate that a home, business, property owner, or tenant must uphold reasonable safety measures in their environment and keep the space free of hazards that may cause harm or injury to visitors and guests.
These safety measures include things such as routine maintenance, keeping floors dry, fixing broken or uneven sidewalks on the property, and more. If a person sustains an injury as a result of hazardous conditions, the owner or tenant may be deemed liable and negligent and therefore responsible for some or all of a personal injury settlement amount.
Who Is Responsible for Premise Liability in Florida?
It is important to know who is responsible for upholding premise liability in Florida. In short, the answer is that it is any person or party (such as a business or corporation) who is legally occupying a space. For example, this means that should a small business owner rent a space from a landlord, that business owner may be liable for any accidents that happen on–site even though they are not the owner. Similarly, renters may be responsible for accidents that happen in their dwellings since they are the legal occupiers.
Possible responsible parties for premise liability in Florida include:
- Business owners
- Private businesses or corporations
- Government bodies
- Property management companies
- And more
What Is a Property Owner Liable For?
Property owners, or the legal occupant, are responsible for all injuries and accidents that occur on the premises as a result of negligent or hazardous conditions. This can include many different types of accidents and damages. Additionally, sometimes it may be challenging to determine who is responsible under premises liability laws at first glance. Is it the owner of the property or the person renting or leasing the property?
This is where having an experienced personal injury attorney on your side can be of great assistance. They will be able to help determine who holds the legal responsibility and who is at fault so that you can bring your claim against the correct party, therefore maximizing your chance of getting the settlement that you deserve.
When determining whether it is the owner of the property or the party occupying the property who is responsible for an injury or accident, the courts will look at who had the duty of care to maintain the space in your unique case. For example, while it may be the property owner’s responsibility to fix faulty electrical equipment, it is often the occupant‘s responsibility to clean spills off the floor that pose a slip hazard. These are the facts that will help determine who to bring your personal injury claim against.
Property owners and occupants are generally responsible for:
- Maintaining property in the same way any other reasonable person would
- Completing routine maintenance and evaluations to ensure a safe space
- Completing routine repairs of any unsafe items or hazards
- Ensuring the safety of guests, invitees, and even trespassers while they are on the property
Therefore, property owners and occupants may be liable for:
- Slip and fall accidents
- Animal bites and attacks
- Broken bones and soft tissue injuries
- Assaults that take place on–premises
- And more
Who Is Covered by Premises Liability Law in Florida?
Another important factor to understand in regard to premises liability laws is the element of who the laws cover. Are only paying customers at a store covered by the law? What about if you were invited over as a guest to someone’s house? These laws state that no matter why or how you came to be on the property, the owner or occupant is still responsible for your safety.
The first type of individual covered by premises liability laws in Florida is what is known as an invitee. Invitees are owed the highest duty of care by property owners according to the state. This group includes any member of the public who is invited to the property for the purpose of doing business or to attend a social gathering.
Examples include shoppers at a store, handymen and house repair staff, concert attendees, park visitors, and more.
According to Florida premises liability laws, property owners owe licensees the second highest duty of care. Licensees are individuals who visit the property of their own free volition, without the intent to do business with or gather socially at an event.
Examples of licensees include a person who enters a store to ask the cashier for loose change, with no intention to patron the business.
A trespasser is a person who enters a dwelling or property without permission of the owner or occupant. While the courts may not always side with the trespasser, property owners do still have a responsibility to act reasonably to prevent a reckless hazard or accident. According to state law, trespassers are owed the lowest duty of care. However, if you sustain an injury while trespassing on public or private property, you may still be entitled to a settlement, and it is essential that you speak with a slip and fall attorney in South Florida today.
The last group of individuals who are protected by premises liability laws in the state of Florida are private guests. This refers to friends, family members, neighbors, acquaintances, and anyone else who may visit a private residence for reasons other than business.
Examples of private guests include home dinner guests, your children’s friends playing at your pool or in your front yard, and more.
How Can a Personal Injury Liability Lawyer Help?
Each year, countless individuals sustain an injury while on another party’s property. In the state of Florida, you may be entitled to significant compensation as outlined in premises liability laws. However, you must act quickly to secure your settlement.
If you believe that you may have a personal injury claim as per premises liability laws, contact Weinstein Legal and ask to speak with an attorney today. At Weinstein Legal, our team has access to a vast number of experts and professionals, such as private investigators, who can help build a case on your behalf.
For a free case evaluation to review the unique facts and circumstances surrounding your injury, and to see what your personal injury claim may be worth, call Weinstein Legal today at 954-845-0505.