Fowkes & Hasanbasic represents people injured because a Florida property owner, business, landlord, or other responsible party failed to address a dangerous condition. Premises-liability cases require evidence showing who controlled the property, what made it unsafe, and whether the responsible party knew or should have known about the danger.
Reviewed for legal accuracy by Ryan C. Hasanbasic, Florida Bar No. 44119 | Updated August 28, 2026
Personal Injury › Premises Liability
Contents
When Is a Florida Property Owner Responsible for an Injury?
A property owner or occupier may be responsible when a dangerous condition causes an injury and the evidence establishes a legal duty, a breach of that duty, causation, and damages. The duty may depend on why the injured person was on the property, who possessed or controlled the area, whether the danger was known or discoverable, and whether an adequate warning or reasonable correction was provided.
Types of Premises-Liability Cases
- Slip-and-fall accidents involving spills, water, food, debris, or slick flooring
- Trip-and-fall accidents involving broken pavement, uneven walkways, poor lighting, cords, or merchandise
- Unsafe stairs, handrails, balconies, elevators, or escalators
- Falling merchandise or improperly secured objects
- Swimming-pool and drowning incidents
- Negligent security claims involving foreseeable criminal activity
- Dangerous conditions at stores, restaurants, hotels, apartment complexes, and commercial properties
What Must Be Proven in a Florida Slip-and-Fall Case?
When a person slips on a transitory foreign substance in a business establishment, Florida law generally requires proof that the business had actual or constructive knowledge of the condition and should have corrected it. Constructive knowledge may be established through evidence that the condition existed long enough that it should have been discovered or that the condition occurred regularly and was therefore foreseeable. See Florida Statutes section 768.0755.
Evidence That Can Establish Notice and Responsibility
Important evidence may include surveillance video, incident reports, inspection logs, cleaning records, employee schedules, photographs, measurements, prior complaints, earlier incidents, maintenance records, lease and management agreements, witness statements, and testimony from employees or contractors. Video and internal records may be overwritten or lost, so early preservation can matter.
What Compensation May Be Available?
Depending on the facts, recoverable damages may include medical expenses, lost income, diminished earning capacity, pain and suffering, disability, disfigurement, loss of enjoyment of life, and other losses recognized by Florida law. The defense may dispute notice, causation, the seriousness of the injury, or whether the injured person should have recognized the condition.
How Long Do You Have to Bring a Claim?
Many Florida negligence claims arising from incidents occurring on or after March 24, 2023, are subject to a two-year limitations period. Different deadlines and notice requirements may apply depending on the incident date, defendant, and claim. Prompt investigation is also important because physical conditions change and records may not be retained.
Florida Premises-Liability Questions
Does an accident on someone else’s property automatically create liability?
No. The evidence must connect a dangerous condition and a breach of a legal duty to the injury. Ownership alone does not decide responsibility.
What if the dangerous condition was open and obvious?
An open-and-obvious argument can affect duty and comparative fault, but it does not automatically resolve every case. The property owner’s duties and the injured person’s conduct must be evaluated under the specific facts.
Should I report the incident to the business or property owner?
Reporting the incident can help document when and where it occurred. If possible, preserve photographs, witness information, footwear, receipts, medical records, and any written or electronic communications concerning the condition.
A dangerous-property incident may also cause a catastrophic injury or, in a fatal case, support a Florida wrongful-death claim.
Request a Free Case Review
Contact Fowkes & Hasanbasic to discuss what happened, the available evidence, and the legal options that may apply.