Call Us Today 
At Viles & Beckman, we help personal injury victims navigate through the complexities of personal injury cases. To help you, we compiled answers to the more commonly asked questions in premises liability, such as: who can be held responsible, what duties property owners have, challenges you may encounter, and more.
To get a better understanding, continue reading or consider a free consultation session with a Fort Myers premises liability lawyer near you.
What Are the Basic Components of Premises Liability in Florida?
Florida law (Chapter 768 Section 0755) states that anyone or organization owning or controlling property must avoid negligence and misconduct that would lead to the injury of anyone present on their property, including trespassers.
In a valid premises liability case, the following components have to be present:
- Duty of care: Florida property owners or occupiers have a responsibility to ensure the safety of visitors based on their relationship and purpose of visit.
- Breach of duty: If the property owner or occupier fails to meet their duty by neglecting maintenance, not addressing hazards, or providing insufficient warnings, they may be considered to have breached their duty of care.
- Causation: It’s essential to establish a clear connection between the breach of duty and the injuries suffered by the victim, demonstrating that the hazardous condition or negligence directly caused the harm.
- Notice: Proving notice involves showing that the property owner or occupier had either actual knowledge or should have been aware of the hazardous condition through reasonable inspection or the condition’s existence over time.
- Damages: To pursue a premises liability claim, you must have suffered actual damages such as medical expenses, pain and suffering, lost wages, or other related losses.
Circumstances can vary by case so seeking the legal assistance of a Fort Myers personal injury lawyer is essential to navigate the nuance that comes with Florida premises liability law.
Expect More, Receive More: Legal Support That Feels Like Family
What Is the Liability of Property Owners, Tenants, and Landlords for Florida Premises Liability Cases?
Although their level of responsibility may vary, property owners, tenants, and landlords can all potentially be held accountable under Florida premises liability law. Let’s explore the difference between each party.
Are Property Owners Held Liable for Premises Liability?
Property owners are often the first parties deemed responsible for premises liability. This is because they have the duty to maintain safe premises for visitors and occupants. Negligence on the part of property owners can lead to liability in cases where injuries occur due to faulty infrastructure, inadequate maintenance, or hazardous conditions.
For example, if a property owner fails to repair a broken staircase, resulting in someone falling and getting injured, they could be held liable for any resulting damages.
Can a Premises Liability Case Be Filed Against Tenants or Occupiers?
Tenants or occupiers of a property can also be held liable for premises liability. They have a responsibility to maintain safe conditions within their premises. However, the liability of tenants or occupiers is contingent on their degree of control over the premises.
If a tenant has complete control and is responsible for maintenance and repairs, they can be held liable for any injuries that occur due to their negligence. On the other hand, if the tenant has little control over the premises, the owner may retain primary liability.
Are Landlords Responsible for Premises Liability?
Landlords can be liable for premises liability in certain circumstances. They have a duty to maintain common areas, such as hallways, stairwells, and parking lots, in a safe condition. Additionally, landlords are responsible for making necessary repairs to ensure the safety of their tenants.
Failure to fulfill their obligations can lead to liability if injuries occur due to these lapses. However, landlords may not be liable for damages caused by the tenant’s own negligence or misuse of the property.
Can a Business Owner Be Held Liable for Premises Liability?
Business owners also bear the responsibility of ensuring safe premises for their customers and employees, even if a release of liability waiver is signed. They have specific responsibilities, such as addressing potential hazards and providing adequate warnings to customers. Failure to meet these obligations can result in liability if injuries occur.
For instance, business owners can be held liable for premises liability if they fail to warn customers about a wet floor and someone slips and falls.
Click To ContactAre Contractors Liable for Premises Liability in Florida?
Contractors or maintenance companies hired by property owners can also be held liable for premises liability. They have a responsibility to ensure safe conditions during their work and to address any hazards that may arise. If injuries occur due to their negligence or failure to address these hazards, they can be held liable for any resulting damages.
Complete a Free Case Evaluation form now
Can a Premises Liability Claim Be Filed Against a Government Entity or Public Property in Florida?
When it comes to government entities or public property, liability for premises liability can be a complex issue. Government entities are generally granted sovereign immunity unless certain conditions are met. However, in cases where negligence can be proven, government entities can be held liable for injuries or damages that occur on their premises.
What Type of Compensation Can Be Recovered in a Premises Liability Settlement?
The availability and calculation of damages can vary based on the specific circumstances and the laws of our Florida jurisdiction. When seeking a settlement, attorneys aim to recover the following damages on your behalf:
- Medical costs: hospital stays, surgeries, medications, rehabilitation, and any other necessary treatments.
- Pain and suffering: Your pain, emotional distress, and mental anguish the accident has taken on you, both presently and in the future.
- Lost wages and loss of earning capacity: If the accident has caused you to miss work, resulting in lost wages, skilled attorneys will seek appropriate compensation for the income you have been deprived of and recover the damages associated with your loss of future earning capacity.
- Property damage: If your personal belongings were damaged in the incident, a premises liability lawyer in Fort Myers can work to secure compensation for the repair or replacement of your property.
- Punitive damages: In rare cases where the responsible party’s conduct was particularly reckless or intentional, a lawyer may pursue punitive damages in addition to your original settlement.
How Long Does a Victim Have to File a Premises Liability Claim in Florida?
In Florida, the timeframe within which a victim must file a premises liability claim can vary depending on the specific circumstances. Generally, the statute of limitations for premises liability claims in Florida is four years from the date of the accident or injury.
It is crucial to adhere to this timeline and file your claim within the prescribed time frame so that the court does not dismiss your case and bar you from seeking compensation for your injuries and damages.
Sometimes there can be exceptions that may impact the filing deadline, but to ensure that you fully understand the applicable deadlines, it is recommended to consult with a Fort Myers premises liability attorney. Viles & Beckman has experienced personal injury attorneys who can provide you with the necessary guidance and support. Contact us today.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
