Premises Liability Laws in Florida: What You Need to Know

Understanding premises liability in Florida is crucial for both property owners and visitors. Premises liability refers to the responsibility that property owners and occupants have to ensure their premises are safe for visitors. This area of law can be complex, with various factors influencing the outcome of a premises liability case. Whether you are a property owner seeking to understand your obligations or an individual who has been injured on someone else’s property, gaining a comprehensive understanding of Florida’s premises liability laws is essential.

The Basis of Premises Liability in Florida

Premises liability in Florida is built upon the legal principle that property owners must maintain their premises in a reasonably safe condition. If a property owner fails to do so and a visitor is injured as a result, the owner can be held liable for the visitor’s injuries. The foundation of any premises liability claim is negligence. To succeed in a premises liability case, the injured party must prove that the property owner was negligent in maintaining the property, and this negligence directly caused the injury.

Types of Visitors and Their Rights

In Florida, the duty of care a property owner owes to a visitor depends on the visitor’s classification. There are three primary classifications of visitors: invitees, licensees, and trespassers. Each classification carries different levels of duty and protection under the law.

Invitees are individuals who enter the property for the benefit of the property owner or for mutual benefit. This includes customers in a store or guests at a hotel. Property owners owe the highest duty of care to invitees, which includes regularly inspecting the property for hazards, addressing any potential dangers promptly, and warning invitees of any known hazards that may not be immediately apparent.

Licensees enter the property for their own purposes or as social guests. Property owners owe licensees a lesser duty of care compared to invitees. They must warn licensees of any known dangers that are not obvious. However, they are not required to inspect the property for unknown hazards or to make the property safe for licensees.

Trespassers are individuals who enter the property without permission. Property owners owe the least duty of care to trespassers. Generally, they are only required to avoid willful and wanton harm. However, if the property owner knows or should know that trespassers frequently enter their property, they may have a duty to warn of known dangers or take reasonable steps to prevent harm.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Common Types of Premises Liability Cases

Premises liability cases in Florida can arise from various situations. Some of the most common types include slip and fall accidents, inadequate maintenance, inadequate security, dog bites, swimming pool accidents, and amusement park injuries. Each type of case involves unique considerations and legal challenges.

Slip and fall accidents are among the most common premises liability claims. These incidents often occur due to wet floors, uneven surfaces, poor lighting, or obstacles left in walkways. To establish liability, the injured party must prove that the property owner knew or should have known about the dangerous condition and failed to take appropriate action.

Inadequate maintenance cases involve injuries resulting from poorly maintained property. This can include broken stairs, malfunctioning elevators, or unaddressed building code violations. Property owners have a responsibility to ensure their property is maintained in a safe condition and to repair any hazards promptly.

Inadequate security cases arise when a person is injured due to criminal activity on the property. Property owners, especially those in high-crime areas or those who operate businesses that attract large numbers of people, may be required to implement reasonable security measures. Failure to provide adequate lighting, security personnel, or surveillance can result in liability if someone is harmed.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Dog bite cases fall under premises liability if the incident occurs on the property owner’s premises. Florida law holds dog owners strictly liable for injuries caused by their dogs, regardless of the dog’s previous behavior or the owner’s knowledge of its aggressive tendencies. This means that if a person is bitten by a dog on someone else’s property, the owner can be held liable for the injuries.

Swimming pool accidents can lead to premises liability claims if the property owner fails to maintain the pool area safely. This includes providing adequate fencing to prevent unsupervised access, ensuring the pool area is free of hazards, and providing proper supervision if the pool is open to the public.

Amusement park injuries often involve complex premises liability issues due to the nature of the activities and the large number of visitors. Park operators must ensure that rides and attractions are safe, properly maintained, and that guests are adequately warned of potential risks.

Proving Negligence in Premises Liability Cases

To succeed in a premises liability case, the injured party must establish that the property owner was negligent. This involves proving several elements: duty of care, breach of duty, causation, and damages. The injured party must show that the property owner owed them a duty of care, breached that duty by failing to maintain the property safely, that this breach directly caused their injury, and that they suffered damages as a result.

In many premises liability cases, the concept of comparative negligence may also come into play. Florida follows a comparative negligence rule, which means that if the injured party is found to be partially at fault for their injuries, their compensation may be reduced by their percentage of fault. For example, if a person slips and falls because they were not paying attention while walking, and it is determined they are 20 percent at fault, their compensation will be reduced by 20 percent.

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Defenses in Premises Liability Cases

Property owners have several potential defenses in premises liability cases. One common defense is arguing that the injured party was trespassing at the time of the incident and therefore the property owner owed them only a minimal duty of care. Another defense is that the hazardous condition was open and obvious, meaning that a reasonable person would have noticed and avoided it. Property owners may also argue that they took reasonable steps to address the hazard or that the injured party’s own negligence contributed to their injuries.

Statute of Limitations for Premises Liability Claims

Premises liability claims are subject to a statute of limitations, which is the time limit within which a lawsuit must be filed. In Florida, the injured party generally has two years from the date of the injury to file a claim. However, there are exceptions that can shorten or extend this timeframe — such as cases involving government entities or minors. It is crucial to be aware of these time limits to ensure your claim is filed promptly.

Seeking Legal Assistance

Navigating the complexities of premises liability law in Florida can be challenging, especially when dealing with the aftermath of an injury. Consulting with a knowledgeable attorney can help you understand your rights, evaluate the strength of your case, and guide you through the legal process. An attorney can assist in gathering evidence, negotiating with insurance companies, and representing your interests in court if necessary.

Understanding Comparative Negligence

Comparative negligence is a legal principle that determines the degree of fault or responsibility assigned to each party involved in an accident. Instead of placing sole blame on one party, comparative negligence recognizes that multiple factors may contribute to an accident, including the actions or inactions of both the plaintiff and the defendant.

In states that follow comparative negligence, including Florida, the court assesses the degree of fault for each party and reduces the plaintiff’s recoverable damages accordingly. This means that if the injured party is found to be partially at fault for the accident, their compensation will be proportionally reduced based on their assigned percentage of fault.

Requirements of Comparative Negligence in Florida

In Florida, the principle of comparative negligence is governed by statute 768.81. Under this law, the court follows the pure comparative negligence standard, meaning that the injured party can still recover damages even if they are deemed mostly at fault for the accident. However, the compensation they receive will be reduced in proportion to their assigned percentage of fault.

To successfully establish a slip and fall accident case in Florida, the following elements must be proven:

Duty of Care: The defendant owed a duty of care to the plaintiff. Property owners and occupiers have a legal obligation to maintain their premises in a safe condition and warn visitors of any known hazards.

Breach of Duty: The defendant breached their duty of care by failing to exercise reasonable caution or by neglecting to address a dangerous condition that they knew or should have known about.

Causation: The defendant’s breach of duty directly caused the slip and fall accident and subsequent injuries to the plaintiff.

Damages: The plaintiff suffered actual damages, such as medical expenses, lost wages, pain, and suffering, as a result of the slip and fall accident.

Implications of Comparative Negligence on Slip and Fall Cases

The application of comparative negligence in slip and fall accident cases can have significant implications for both the injured party and the amount of compensation they may receive. Let’s consider a hypothetical scenario to illustrate this concept:

Suppose a person slips and falls in a grocery store due to a spill on the floor. It is later determined that the injured party was using their cell phone and not paying attention while walking. The court finds the store partially responsible for not promptly addressing the spill, but also assigns 30% of the fault to the injured party for their lack of awareness.

In such a case, if the total damages awarded to the injured party were $100,000, their recovery would be reduced by 30% due to their assigned percentage of fault. Therefore, the injured party would receive $70,000 ($100,000 – 30% = $70,000) as their final compensation.

Here are a few key considerations when dealing with slip and fall accidents and comparative negligence in Florida:

Gathering Evidence: In slip and fall cases, evidence plays a critical role in establishing liability and demonstrating the extent of fault on the part of each party involved. Promptly documenting the scene of the accident, taking photographs, obtaining witness statements, and preserving any relevant physical evidence can significantly strengthen your case. An experienced attorney can guide you through the evidence collection process and ensure that no crucial details are overlooked.

Determining Comparative Negligence: Comparative negligence is often a complex issue to determine, as it requires a careful analysis of the facts and circumstances surrounding the accident. In slip and fall cases, factors such as the condition of the premises, the level of awareness and attentiveness of the injured party, and any warning signs or lack thereof will be considered. An attorney will work to build a persuasive argument to minimize your assigned percentage of fault and maximize your potential compensation.

Establishing Damages: Proving the extent of your damages is essential for recovering fair compensation in slip and fall cases. This includes medical records, bills, and expert opinions to demonstrate the physical, emotional, and financial impact of the accident. An experienced personal injury attorney will help you assess the full scope of your damages and ensure that no aspect of your suffering goes unnoticed or unaccounted for.

Negotiating with Insurance Companies: Dealing with insurance companies can be daunting, especially when comparative negligence is involved. Insurers may attempt to shift blame onto the injured party in an effort to reduce their liability. Having a skilled attorney by your side will level the playing field, as they have experience negotiating with insurance companies and can advocate for your rights while protecting your best interests.

Litigating Your Case: In some instances, settlement negotiations may not lead to a satisfactory outcome. If an agreement cannot be reached, pursuing litigation becomes necessary. An experienced personal injury attorney will guide you through the legal process, presenting your case before a judge and jury, and fighting for the compensation you deserve.

If you have been involved in a slip and fall accident in Florida, it is crucial to consult with an experienced personal injury attorney who understands the complexities of comparative negligence. A skilled attorney will protect your rights, gather evidence to establish liability, and fight for fair compensation on your behalf.

At Serrano Law, our dedicated team of personal injury attorneys has a deep understanding of Florida’s laws and can guide you through the legal process. We have successfully represented numerous slip and fall accident victims, ensuring they receive the compensation they deserve.

What to Expect During a Florida Slip and Fall Accident Trial

Slip and fall accidents are a common occurrence in Florida, especially in places such as shopping malls, grocery stores, and restaurants. If you have been injured in a slip and fall accident in Florida and have decided to pursue legal action, it’s important to understand what to expect during a slip and fall accident trial.

The trial process can be intimidating, but having a basic understanding of the process can help you feel more confident and prepared. In this blog post, we’ll walk you through what to expect during a slip and fall accident trial in Florida.

Filing a Complaint

The first step in pursuing legal action after a slip and fall accident in Florida is to file a complaint with the court. This complaint will detail the facts of the accident and the injuries you suffered as a result. Once the complaint is filed, the defendant will have a certain amount of time to respond.

Discovery Process

After the complaint has been filed, the discovery process begins. This is when both sides exchange information and evidence related to the case. This can include medical records, witness statements, and any other relevant documents. Depositions may also be taken during this time, where both parties are questioned under oath.

Pre-Trial Conference

Before the trial begins, a pre-trial conference will be held to discuss any outstanding issues or to attempt to reach a settlement. This conference may involve the judge, attorneys for both sides and the plaintiff.

Jury Selection

If the case goes to trial, the next step is jury selection. Potential jurors will be questioned by both sides to determine if they can be impartial and unbiased. A jury will then be selected to hear the case.

Opening Statements

After the jury is selected, both sides will make opening statements. This is an opportunity for each side to present their case and outline what they plan to prove during the trial.

Evidence Presentation

During the trial, both sides will present evidence to support their case. This may include medical records, witness testimony, and physical evidence from the scene of the accident. Each side will have the opportunity to cross-examine the other party’s witnesses.

Closing Arguments

After all evidence has been presented, both sides will make closing arguments. This is an opportunity for each side to summarize their case and convince the jury to rule in their favor.

Jury Deliberation and Verdict

Once closing arguments have been made, the jury will deliberate and reach a verdict. If the jury finds in favor of the plaintiff, a monetary award may be granted to cover medical expenses, lost wages, and other damages.

Post-Trial Motions

After a verdict has been reached, either party may file post-trial motions. These motions can include a motion for a new trial, motion for judgment notwithstanding the verdict, or a motion to amend the verdict. These motions can be used to challenge the verdict or to ask the court to reconsider certain aspects of the case.

Appeals

If either party is dissatisfied with the outcome of the trial, they may choose to appeal the decision to a higher court. This can be a lengthy and expensive process, but it can also lead to a different outcome or a new trial.

Overall, a slip and fall accident trial in Florida can be a complex and daunting process. It’s important to have an experienced personal injury attorney by your side to help guide you through each step of the process. Your attorney can help you gather evidence, present your case, and fight for the compensation you deserve.

Serrano Law is a personal injury law firm in Florida that has extensive experience handling slip and fall accident cases. Our team of attorneys is dedicated to fighting for the rights of those who have been injured due to someone else’s negligence. Here’s how we can help with What to Expect During a Florida Slip and Fall Accident Trial cases:

Legal Representation

Our team of attorneys can provide you with experienced legal representation throughout the entire legal process. We’ll guide you through each step of the process and fight for the compensation you deserve.

Case Evaluation

We can evaluate your case to determine if you have a viable claim. During this evaluation, we’ll review the facts of your case, assess your injuries, and determine if we can help you pursue legal action.

Evidence Gathering

We’ll work to gather all relevant evidence related to your case, including medical records, witness statements, and any physical evidence from the scene of the accident.

Negotiation and Settlement

We’ll negotiate with the defendant’s insurance company to try to reach a settlement outside of court. If a settlement is reached, we’ll help you understand the terms of the settlement and ensure that you receive fair compensation.

Trial Representation

If your case goes to trial, we’ll provide you with experienced trial representation. We’ll present your case to the jury and fight for the compensation you deserve.

Post-Trial Motions and Appeals

If necessary, we can file post-trial motions and appeals on your behalf to challenge the verdict or to ask the court to reconsider certain aspects of the case.

If you or a loved one has been injured on someone else’s property, it is important to seek legal assistance to protect your rights and pursue the compensation you deserve. At Serrano Law, our dedicated team is here to help you navigate the complexities of premises liability law in Florida. We understand the challenges you face and are committed to providing compassionate and effective legal representation. Contact us today to schedule a consultation and take the first step towards securing the justice and compensation you deserve.

3 Slip and Fall Injury Tips

Were you seriously hurt due to a slip and fall? Read these 3 slip and fall injury tips, then contact our Hillsborough County lawyers today.

1) Defendant is Ignoring Your Claim

These cases are very difficult and the insurance carriers on the other side for commercial buildings in particular are going to fight it. A company is not automatically responsible just because someone fell. There is a thorough analysis that needs to take place, and it starts at the consultation through communication with the lawyer.

2) Choosing The Right Lawyer

Slip and fall cases, also known as premises liability cases, are difficult to navigate in the state of Florida. Selecting the best attorney for these types of cases usually falls on communication, as it does with most cases.  In particular, with premises liability claims, there is an analysis with regard to liability that needs to be done. It’s not the case that, if you just fall somewhere, automatically the business owner or the person who owns the home is responsible. There is a complex analysis that needs to take place, and it starts with the initial consultation with the lawyer to detail the mechanics of your fall, detail what happened, and have the lawyer communicate to you what they’re going to do to determine whether there is liability or responsibility upon who you think is the at-fault party.

3) Claim Value

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Were you or a loved one severely injured in a trip and fall in Florida and have questions about these 3 slip and fall injury tips? Contact experienced Florida slip and fall lawyers at Serrano Law today for a free consultation and case evaluation.

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The importance of hiring an experienced Florida Slip and Fall Accident Attorney

Slip and fall accidents can happen anywhere, at any time, and to anyone. They can occur due to a variety of reasons, such as slippery floors, uneven pavement, inadequate lighting, or the negligence of property owners. While some slip-and-fall accidents result in minor injuries, others can cause serious harm, such as broken bones, head injuries, or spinal cord damage.

If you or a loved one has been injured in a slip and fall accident in Florida, it’s essential to hire an experienced slip and fall accident attorney. Here’s why:

Knowledge of Florida’s slip and fall laws

Florida has specific laws that govern slip and fall accidents, and these laws can be complex and challenging to navigate without the help of an experienced attorney. A skilled attorney will have an in-depth understanding of these laws and know how to use them to your advantage to ensure that you receive the compensation you deserve.

Gathering evidence

An experienced slip-and-fall attorney will know what evidence to gather to support your case. This may include medical records, witness statements, photographs, and video footage. They will also know how to preserve evidence and prevent it from being destroyed.

Negotiating with insurance companies

Insurance companies are notorious for offering low settlements or denying claims altogether. A skilled attorney will know how to negotiate with insurance companies to ensure that you receive a fair settlement that covers your medical expenses, lost wages, and other damages.

Representing you in court

If your case goes to court, an experienced slip-and-fall attorney will represent you and fight for your rights. They will know how to argue your case effectively, cross-examine witnesses, and present evidence to the judge and jury.

Peace of mind

Perhaps most importantly, hiring an experienced slip-and-fall attorney will give you peace of mind. You can focus on your recovery and leave the legal matters to your attorney, knowing that they are doing everything possible to ensure that you receive the compensation you deserve.

Statute of limitations

Florida has a statute of limitations for filing a slip and fall accident lawsuit, which is four years from the date of the accident. This means that if you don’t file your lawsuit within the given timeframe, you lose the right to do so. An experienced slip-and-fall attorney will ensure that your lawsuit is filed within the statute of limitations so that you can pursue your claim.

Experience in dealing with similar cases

An experienced slip-and-fall attorney will have handled many similar cases in the past. This means that they will have a better understanding of the common pitfalls and challenges of slip and fall cases. They will use this knowledge to your advantage and develop a strategy that is tailored to your specific needs.

Financial resources

Slip and fall accidents can be expensive. Medical bills, lost wages, and other expenses can add up quickly. An experienced slip-and-fall attorney will have the financial resources to cover the costs associated with your case. They will also work on a contingency fee basis, which means that you don’t have to pay anything upfront. Instead, they will take a percentage of your settlement or award.

Expert network

An experienced slip-and-fall attorney will have access to a network of experts, including medical professionals, accident reconstruction specialists, and economists. These experts can provide valuable testimony and evidence to support your case.

Personal attention

Finally, an experienced slip-and-fall attorney will provide you with personal attention throughout your case. They will listen to your concerns, answer your questions, and keep you informed of any developments. They will also provide emotional support and guidance, which can be invaluable during a difficult time.

Hiring an experienced slip and fall attorney is crucial if you want to receive the compensation you deserve after a slip and fall accident. They will have the knowledge, experience, and resources necessary to navigate the legal system and fight for your rights. With their help, you can focus on your recovery and move on with your life.

Serrano Law is an experienced personal injury law firm in Florida that specializes in slip and fall accidents. We understand the complexities of slip and fall cases and have helped countless clients receive the compensation they deserve.

Here are some ways that Serrano Law can help you after a slip-and-fall accident in Florida:

Investigation and evidence gathering

Serrano Law will conduct a thorough investigation of your slip and fall accident to gather all the necessary evidence to support your case. This may include collecting medical records, witness statements, photographs, and video footage.

Filing claims and lawsuits

Serrano Law will help you file a claim with the property owner’s insurance company or file a lawsuit in court if necessary. We will ensure that your claim or lawsuit is filed within the statute of limitations and that all necessary paperwork is submitted on time.

Negotiating with insurance companies

Serrano Law will negotiate with the insurance company to ensure that you receive a fair settlement that covers your medical expenses, lost wages, and other damages. We will use our knowledge and experience to argue your case effectively and maximize your compensation.

Litigation

If your case goes to court, Serrano Law will represent you and fight for your rights. We will use our expertise to argue your case effectively, cross-examine witnesses, and present evidence to the judge and jury.

Personal attention

Serrano Law understands that slip and fall accidents can be traumatic and overwhelming. We will provide you with personal attention throughout your case and keep you informed of any developments. We will also provide emotional support and guidance, which can be invaluable during a difficult time.

Serrano Law is an experienced law firm that can help you after a slip and fall accident in Florida. We will provide you with the legal representation you need to navigate the complexities of the legal system and fight for your rights. With our help, you can focus on your recovery and move forward with your life.