Florida Premises Liability

Florida property owners and operators have a duty to ensure their premises are safe, free from hazards and, where applicable, properly secured. Failure to do so can result in devastating injuries for the people who visit or live on certain premises. When a person is injured while visiting a Florida property, that person may be eligible to file a lawsuit to recover lost wages, medical expenses, and compensation for pain and suffering. The amount of Florida premises liability depends on the legal classification of the victim.

Under Florida premises liability law, property owners can be liable for situations in which a visitor to their property is harmed. This can include guests at apartment buildings, amusement parks, diners at restaurants, clients in an office, or friends visiting a home. The liability of the property owner depends on whether the visitor is classified as a trespasser, licensee, or invitee.

Trespasser: someone who is not supposed to be on the property at the time of injury; has not been invited or does not have the right to be on the premises;

Licensee: is on the property only for his own benefit and has the permission to be there but has not been induced to enter the premises, such as social guests, including people who stop by unexpectedly; and

Invitee: granted the most legal protection; has been invited on the land either due to a business dealing or because he or she is a member of the public and the premises are open to the public.

Property owners owe the highest duty to invitees, especially those who have been invited to the property for personal or business reasons. Lower duties of care are owed to licensees or trespassers, although in some situations owners can be held liable for injuries to those groups. Exceptions include when the trespasser is on the property due to an attractive nuisance, such as a swimming pool.

To prove a premises liability claim, the victim must show that the property owner knew or should have known about the danger, the property owner failed to fix or warn about the danger, and the victim was injured by that danger.

Florida premises negligent security claims involve incidents where a person is attacked or injured by another person on a third-party's property. This can involve situations where the property owner has failed to install adequate lighting or security measures, or should have provided security guards to protect guests or residents.

The results of negligent security can be devastating for victims. Negligent security claims can involve instances of violence, assault, sexual assault and, in some cases, death.

Slip and fall lawsuits are among the most common premises liability lawsuits business owners face. Property owners—including business owners—must ensure their areas inside and outside the premises are safe, including entryways and parking lots. Other Florida premises liability claims involve:

• Inadequate lighting
• Slippery conditions
• Broken handrails
• Defective stairways
• Broken sidewalks
• Unsafe debris

Florida property owners are required to construct and maintain their premises in a manner that keeps visitors and guests safe from hazards. This includes ensuring that structures are built and maintained in a safe manner and there is no dangerous debris or hazardous materials that could cause harm.

In October 2016, a woman who was injured in a nightclub shooting in July filed a lawsuit against the nightclub owners alleging inadequate security allowed the shooting to occur. The nightclub was hosting a swimsuit party and teenagers were told they only needed to pay $5 entry fees if they wore bathing suits to the event. The plaintiff's younger brother and another teen were killed in the shooting.

Plaintiffs allege the nightclub had a history of violent activities yet the owners failed to provide adequate security to ensure teenagers were protected.

Florida Premises Liability Legal Help

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Last updated on Jan-13-17