Florida · Premises Liability
Premises liability claims.
Premises liability is broader than slipping in a grocery aisle. It covers falls, unsafe stairs, pool and balcony hazards, falling objects, and injuries from inadequate security.
Kovar Law Group · St. Petersburg, Florida · 727-827-7777
What duty does a Florida property owner owe?
It depends on why you were there. Business invitees are owed reasonable care to maintain the property and warn of dangers the owner knew or should have known about. Licensees and trespassers are owed less, with separate rules for children. Landlords, property managers, and tenants can each hold part of the duty for the same space.
What kinds of cases count as premises liability?
Slip, trip and fall injuries, broken stairs and handrails, balcony and railing failures, inadequate lighting, pool and drowning hazards, falling merchandise, electrical and fire hazards, elevator and escalator injuries, and negligent security claims after an assault on poorly secured property.
Why does 'notice' come up in every one of these claims?
Because liability usually turns on whether the owner knew about the hazard or should have known it existed long enough to fix it. Maintenance logs, inspection sweeps, prior complaints, work orders, and past incident reports at the same location are how that gets established. Those records exist, but they have to be requested before they age out.
Can I still recover if I was partly careless?
Florida applies comparative fault, and under the 2023 changes a plaintiff found more than 50 percent at fault in a negligence action is generally barred from recovery. Below that, recovery is reduced by the assigned share. Expect the defense to argue the hazard was open and obvious.
How long do I have to file?
Florida's filing deadline for negligence claims was shortened by the 2023 tort reform legislation, and the window that applies depends on your date of injury and the type of claim. Claims involving a government vehicle or property carry separate, much shorter notice requirements. Confirm your exact deadline with an attorney rather than assuming you have years.
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