Learn when and why Florida property owners and businesses may be held responsible after injuries on their properties
Accidents happen, but when they’re caused by a property owner’s negligence, things can get complicated. In this article, we’ll break down Florida’s premises liability law in plain English, explaining when you might have grounds for a lawsuit after an accident on someone else’s property.
We’ll also cover who can be held liable, from homeowners to businesses, and what factors determine responsibility. If you’ve been injured on someone else’s property in Florida, or if you’re a property owner wanting to understand your responsibilities, this information is for you.
If you have additional questions after reading this article or want help filing a claim or negotiating with the insurance company after an accident, reach out to the experienced Tampa premises liability attorneys at Lorenzo & Lorenzo for a free consultation.
What is the premises liability law in Florida?
Florida’s premises liability law holds property owners responsible for keeping their property safe for visitors. If someone gets hurt because of a dangerous condition—like a wet floor, broken stairs, or poor lighting—the owner could be liable if they knew (or should have known) about the hazard and didn’t fix it or warn people about it.
In addition to a property owner themself, other liable parties might include:
- Tenants. If a business leases a property, the tenant (business) is typically responsible for maintaining safe conditions inside. Example: A restaurant renting space in a shopping plaza might be liable for a customer’s injury inside, while the plaza owner may be responsible for accidents in the parking lot.
- Property management companies. In apartments, hotels, or commercial properties, management companies may be responsible if they fail to maintain common areas like hallways, stairwells, or pools. Example: A tenant falls down apartment stairs due to broken lighting that the management company didn’t fix.
- Contractors or maintenance companies. If a maintenance crew, cleaning company, or landscaper creates a hazard (like leaving water on the floor or failing to fix broken sidewalks), they might also share liability.
What is an example of premise liability?
Premises liability cases cover a wide range of accidents that happen due to unsafe conditions on someone else’s property. Perhaps the most common examples are slip, trip, and fall accidents.
Let’s say Susan is walking through the lobby of an office building when she trips over a loose, torn piece of carpeting that has been that way for months. The building owner knew about it but never bothered to fix it or put up a warning sign. Susan falls hard, breaks her wrist, and ends up needing surgery and weeks off work. In this case, the property owner’s negligence in failing to maintain safe conditions or warn visitors could make them liable for Susan’s injuries.
But slip and falls aren’t the only kind of premises liability case. Here are other common situations where a property owner could be held liable:
- Negligent security. This covers situations where someone gets hurt due to inadequate security measures. For example, if a bar has a history of fights but doesn’t have enough security guards, they could be liable if someone gets assaulted. Or if an apartment complex has broken locks and someone gets robbed, that could also fall under negligent security.
- Swimming pool accidents. If a property owner doesn’t take reasonable steps to ensure pool safety, they could be held liable for accidents. Potential reasons for liability in a swimming pool accident might include a lack of fencing, no lifeguard on duty, or a diving board with insufficient water depth.
- Dog bites. Dog owners are generally responsible for their dogs’ actions, but property owners can also be held liable for dog bites in certain situations. For example, if a landlord knows a tenant has a dog with a history of aggression and doesn’t take steps to protect other residents, they could be responsible if someone gets bitten.
- Elevator or automatic door malfunctions. Imagine an elevator suddenly dropping and leading to a spinal cord injury or an automatic door accident that results in a finger amputation. If these malfunctions are due to poor maintenance, faulty equipment, or a failure to inspect and repair known issues, the property owner (and sometimes even the maintenance company) could be held liable for any resulting injuries. These cases often involve complex investigations to determine the cause of the malfunction.
- Amusement park ride accidents. Amusement parks have a heightened responsibility to ensure the safety of their rides because even small mistakes could be deadly. This includes proper maintenance, regular inspections, and trained operators. If an accident occurs due to a malfunction, negligence in operation, or inadequate safety measures, the amusement park could be liable for wrongful death or injury.
While these are some of the most common causes of premises liability lawsuits, there are many other situations where Florida’s premises liability law would apply, so reach out to a local Tampa premises liability lawyer near you if you have questions about your specific case.
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Is premises liability the same as negligence?
Not exactly. Premises liability is a type of negligence, but the two terms aren’t interchangeable.
- Negligence is a broad legal concept that applies to any situation where someone fails to act with reasonable care, causing harm to another person.
- Premises liability, on the other hand, specifically refers to injuries that happen on someone else’s property due to unsafe conditions.
For example, if a drunk driver hits you after running a red light, that’s negligence. But if you slip on a wet floor in a store because the owner didn’t put up a warning sign, that’s premises liability.
Both cases involve negligence, but premises liability focuses on property owners and their responsibility to keep their space safe.
Can someone sue if they hurt themselves on your property in Florida?
Whether someone can sue for injuries on your property depends on who they were, why they were there, and whether you took reasonable steps to keep them safe. Florida law groups visitors into 3 categories: invitees, licensees, and trespassers—and each has different legal protections.
Invitees—Highest duty of care
These are people you invite onto your property for a business or public reason. Examples include customers in a store, hotel guests, or diners in a restaurant. Property owners must regularly inspect for hazards and fix or warn about dangerous conditions.
Example: A customer at a supermarket slips on a spill that wasn’t cleaned up or marked with a warning sign. The store could be liable for their injuries.
Licensees—Some duty of care
These are social guests or people on your property for non-business reasons with permission. This includes friends at a BBQ or a neighbor stopping by to chat. Property owners don’t have to inspect for hazards but must warn about known dangers that aren’t obvious.
Example: You invite a friend over but forget to tell them about a loose step on your porch. If they trip and get hurt, you might be responsible.
Trespassers—Lowest duty of care
These are people who enter without permission. Property owners generally don’t have to keep their property safe for trespassers, but they can’t intentionally harm them (e.g., set traps).
Example: If someone breaks into your backyard and trips over a garden hose, you aren’t responsible.
However, there are exceptions for children. Under Florida’s attractive nuisance doctrine, property owners can be held liable if a hazardous condition on their property entices children and leads to injury or wrongful death.
While unfenced swimming pools are a well-known example, other dangers include abandoned appliances like refrigerators, freezers, or washing machines with airtight doors that haven’t been removed. These can become deadly traps if a child climbs inside and gets stuck.
Because young kids don’t always recognize risks, Florida law requires property owners to secure or remove hazards that could attract them—even if the child is trespassing.
What is the 51 percent rule in Florida?
Florida follows a modified comparative negligence rule, also known as the 51% rule. Under this rule, if an injured person is found to be 51% or more at fault for their own accident, they cannot recover any compensation.
However, if they are 50% or less at fault, they can still receive compensation, but the amount will be reduced by their percentage of fault.
Let’s say Mike trips on a broken step outside a restaurant and injures his knee. If the owner knew about the hazard but didn’t fix it, they could be liable. However, if Mike was texting while walking and didn’t notice the step, a court might find him 30% responsible for his fall. Under Florida’s modified comparative negligence rule, his compensation would be reduced by 30%.
But if the court finds that Mike was 51% or more at fault—for example, if he was running and ignoring clear warning signs—he wouldn’t be able to recover any damages.
The bottom line is that determining negligence in a Florida premises liability case can be complicated. Since Florida’s comparative negligence rule can reduce or even eliminate your compensation, having an experienced attorney on your side is key. They can gather evidence, build a strong case, and make sure you’re not unfairly blamed so you get the compensation you deserve.
Injured on someone else’s property in Florida? Our experienced Tampa premises liability attorneys can help!
When an injury happens on someone else’s property, figuring out who’s responsible isn’t always cut and dry. Whether you slipped in a store, got hurt at a rental property, or were injured due to poor security, you need an experienced legal team to help you navigate Florida’s premises liability laws.
At Lorenzo & Lorenzo, our skilled Tampa premises liability lawyers have a proven track record of fighting for injury victims throughout Florida. If you’ve been hurt and believe a property owner’s negligence played a role, we’ll help you understand your rights and fight for the compensation you deserve.
Contact Lorenzo & Lorenzo today to schedule a free consultation.
References
Chapter 514 Section 0315 – 2011 Florida Statutes – The Florida Senate. (2025). Flsenate.gov. https://www.flsenate.gov/laws/statutes/2011/514.0315
Chapter 823 Section 08 – 2012 Florida Statutes – The Florida Senate. (2025). Flsenate.gov. https://www.flsenate.gov/Laws/Statutes/2012/823.08
