Orlando Premises Liability Attorneys -- Holding Property Owners Accountable

What Is Premises Liability?

Premises liability is a branch of personal injury law that holds property owners and occupiers legally responsible for injuries that occur on their property due to unsafe or negligent conditions. The legal foundation of these claims is the duty of care that property owners owe to people who come onto their land or into their buildings.

That duty of care is not unlimited, and it is not the same for every visitor. Florida law distinguishes between different categories of visitors and assigns different levels of responsibility to property owners based on the purpose of the visit. Understanding which category applies to your situation is one of the first steps our attorneys take when evaluating a premises liability claim.

Florida's Duty of Care -- What Property Owners Owe You

Florida law recognizes three categories of visitors when it comes to premises liability, and each comes with a different standard of care.

Invitees

An invitee is someone who enters a property for a purpose connected to the owner's business or who is invited onto the property as a member of the public. Customers in a store, guests in a hotel, diners in a restaurant, and patients in a medical office are all invitees. Property owners owe the highest duty of care to invitees. They must not only fix known dangerous conditions but also inspect the property regularly and address hazards they reasonably should have discovered.

Licensees

A licensee is someone who enters a property with the owner's permission but for their own purposes rather than the owner's business benefit. Social guests, for example, are typically classified as licensees. Property owners owe licensees a duty to warn of known dangerous conditions that the licensee is unlikely to discover on their own, but they are not required to inspect for unknown hazards.

Trespassers

In general, property owners owe very little duty of care to trespassers. However, there is an important exception for children. Under the attractive nuisance doctrine, property owners can be held liable if a child is injured by a dangerous condition on their property that the child was attracted to, such as an unfenced swimming pool or an accessible piece of heavy equipment.

Most premises liability cases involving injury victims involve the invitee standard, which is the most protective. If you were hurt at a business, commercial property, or public space, the property owner likely owed you the highest level of care and had an active duty to find and fix hazards before someone got hurt.

Types of Premises Liability Cases We Handle

Premises liability claims arise from a wide variety of dangerous conditions and situations. The Dill Law Group handles the full range of premises liability matters in Florida, including:

• Slip and fall accidents caused by wet floors, uneven surfaces, poor lighting, loose carpeting, or other hazardous conditions
• Trip and fall accidents resulting from broken pavement, unmarked steps, raised thresholds, or debris in walkways
• Swimming pool accidents and drowning incidents at residential or commercial pools that lacked proper fencing, signage, or supervision
• Elevator and escalator accidents caused by mechanical failures or inadequate maintenance
• Negligent security incidents where inadequate lighting, broken locks, absent security personnel, or lack of surveillance allowed a crime to occur
• Dog bites and animal attacks on someone else's property
• Falling objects in retail stores, warehouses, or construction zones
• Toxic exposure cases involving mold, chemicals, or other hazardous substances on a property
• Amusement park and entertainment venue accidents involving ride malfunctions or crowd control failures
• Injuries in parking lots or parking garages due to poor maintenance, inadequate lighting, or dangerous conditions

This list is not exhaustive. If you were hurt on someone else's property and you believe the property owner was at fault, speak with our attorneys. We will evaluate your situation at no cost and tell you honestly whether you have a viable claim.

Proving Negligence in a Premises Liability Case

Premises liability cases require more than showing that you were injured on someone else's property. You must also demonstrate that the property owner was negligent. In Florida, that generally means establishing four key elements.

1. The Property Owner Had a Duty of Care

The first step is establishing that the property owner owed you a duty of care based on your status as a visitor. For most injury victims at commercial properties, this is straightforward.

2. The Property Owner Breached That Duty

You must show that the property owner failed to meet their duty of care. This could mean they knew about a dangerous condition and did nothing to fix it, failed to put up adequate warnings, or did not conduct reasonable inspections to discover hazards.

3. The Breach Caused Your Injury

There must be a direct connection between the property owner's failure and the injury you suffered. This is sometimes called causation, and it requires showing that your injury would not have occurred if the dangerous condition had been addressed.

4. You Suffered Actual Damages

Finally, you must have suffered real, quantifiable losses as a result of the injury. Medical bills, lost wages, pain, and other documented impacts on your life are all forms of damages that support your claim.

Florida's premises liability law also includes what is known as the actual or constructive knowledge standard, particularly in cases involving transient conditions like spills on a floor. Florida Statute section 768.0755 requires that in slip and fall cases at businesses, the injured party must show that the business had actual knowledge of the dangerous condition or that it existed for such a length of time that the business should have known about it. This can be a challenging standard to meet without thorough investigation and strong evidence, which is exactly what our attorneys are equipped to provide.

What Compensation Can You Recover in a Premises Liability Case?

The compensation available to you in a premises liability case depends on the severity of your injuries and the impact they have had on your life. In Florida, injured parties can generally pursue:

• Medical expenses, including emergency treatment, surgery, hospitalization, rehabilitation, physical therapy, and any ongoing care your injuries require
• Future medical costs if your injuries will require long-term treatment or result in permanent limitations
• Lost wages for the time you were unable to work while recovering from your injuries
• Loss of future earning capacity if your injuries permanently affect your ability to perform your job or pursue your career
• Pain and suffering for the physical discomfort and distress your injury caused
• Emotional distress and mental anguish, particularly in cases involving disfigurement, disability, or traumatic circumstances
• Loss of enjoyment of life if your injuries prevent you from participating in activities and relationships that were important to you before the accident

Our attorneys will work with you to identify and document all of your losses so that nothing is left on the table when we pursue your claim.

What If I Was Partly at Fault? Florida's Modified Comparative Negligence Rule

One of the most common tactics insurance companies and defense attorneys use in premises liability cases is to argue that the injured person shares some of the blame for what happened. They might claim that you were not paying attention, were wearing inappropriate footwear, or ignored a warning sign. Do not let that argument discourage you from speaking with an attorney.

Florida follows a modified comparative negligence rule. Under this system, if you were partially at fault for your own injury, your compensation is reduced by your percentage of fault. For example, if a jury determines that you were 20 percent responsible and the property owner was 80 percent responsible, you would recover 80 percent of your total damages. However, if you are found to be more than 50 percent at fault, you cannot recover anything under Florida law.

The key thing to understand is that even if you bear some responsibility, you may still be entitled to substantial compensation. Our attorneys are experienced in pushing back against attempts to inflate a victim's share of fault, and we know how to present the evidence in a way that accurately reflects what happened.

Why Choose The Dill Law Group for Your Premises Liability Case?

Premises liability cases require prompt action. Evidence disappears. Security footage gets erased. Property owners make repairs that eliminate the very hazard that caused your injury. The sooner you have an attorney investigating your case, the better your chances of preserving the evidence you need to win.

At The Dill Law Group, we move quickly when we take a premises liability case. We document the scene, obtain surveillance footage before it is overwritten, identify and interview witnesses, and build a thorough record of the conditions that caused your injury. We handle all communications with the property owner's insurance company so you do not have to deal with adjusters who are working against your interests.

We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Your initial consultation is free. If a property owner's negligence hurt you, we are ready to hold them accountable.

Frequently Asked Questions About Premises Liability in Florida

How long do I have to file a premises liability claim in Florida?

Florida's statute of limitations for most premises liability claims is two years from the date of the injury. This applies to slip and fall cases, negligent security incidents, and other property-related injuries. There are exceptions for cases involving government-owned properties, which may require you to file a notice of claim within a much shorter timeframe before a lawsuit can proceed. Contact an attorney as soon as possible after your injury to make sure your rights are protected.

What if the property owner says they did not know about the dangerous condition?

Property owners are not required to have actual knowledge of a hazard in order to be held liable. Under Florida law, they can also be held responsible if they should have known about the condition through reasonable inspection and maintenance. If a spill had been on a grocery store floor for two hours before you slipped, the store's lack of knowledge is not a defense. Our attorneys investigate these situations carefully to establish what the property owner knew or should have known.

Can I still recover compensation if I was partially at fault for my injury?

Possibly, yes. Florida's modified comparative negligence law allows you to recover compensation even if you were partially at fault, as long as your share of fault does not exceed 50 percent. Your total compensation is reduced by your percentage of fault. Insurance companies routinely try to push as much blame as possible onto the injured party to reduce what they have to pay. Our attorneys know how to challenge that strategy and protect the value of your claim.

What should I do immediately after being injured on someone else's property?

First, seek medical attention, even if your injuries seem minor in the moment. Some injuries are not immediately apparent and can worsen without treatment. While still at the scene, document the conditions that caused your injury with photographs if you are able. Report the incident to the property owner or manager and request that they create an incident report. Get the names and contact information of any witnesses. Avoid giving a recorded statement to the property owner's insurance company before speaking with an attorney. Then contact The Dill Law Group for a free consultation.

What if there was a warning sign near the hazard that caused my injury?

The presence of a warning sign does not automatically eliminate a property owner's liability. The question is whether the warning was adequate, whether it was placed in a position where you could reasonably have been expected to see it, and whether a reasonable property owner would have gone further and actually fixed the hazard rather than just posting a sign. These are factual questions that depend on the specific circumstances of your case. An attorney can evaluate whether a warning sign is likely to affect your claim.

Can I sue a government agency or municipality for a premises liability injury?

Yes, but claims against government entities in Florida involve additional procedural requirements and shorter notice deadlines. Before you can sue a Florida government agency, you must typically file a formal notice of claim within three years of the incident. The process is more complex than a standard premises liability claim, and the rules vary depending on which government entity is involved. If your injury occurred on government-owned property, speak with an attorney immediately to make sure you meet all required deadlines.

How much is my premises liability case worth?

There is no formula that can predict the exact value of a premises liability case because every situation is different. The value depends on the severity of your injuries, the cost of your medical treatment, the impact on your ability to work, the strength of the evidence of the property owner's negligence, and a number of other factors. What our attorneys can do is give you an honest, realistic assessment after reviewing the facts of your case. We never inflate expectations, and we never undersell what you have been through.

Contact Our Orlando Premises Liability Attorneys Today

If you were injured on someone else's property in Orlando or anywhere in Florida, please do not wait to find out whether you have a claim. Evidence can disappear quickly, and Florida's deadlines are strict. The sooner you speak with an attorney, the more your legal team can do to protect your case.

The Dill Law Group offers free consultations with no obligation. We handle premises liability cases on a contingency fee basis, so there is no financial risk to calling us. If a property owner's negligence hurt you, we want to help you hold them accountable.

Call us today at (407) 367-0278 or fill out the contact form on this page to get started.