What a premises claim requires
A property owner is not automatically responsible because someone was hurt on their property. The claim depends on a dangerous condition existing, the owner knowing about it or having had enough time that they should have known, a failure to fix it or warn about it, and an injury caused by that failure.
The contested element is almost always notice. Owners defend by saying the hazard appeared moments before, that no one reported it, and that no reasonable inspection would have caught it. Defeating that argument means showing either that the owner created the condition, that it existed long enough to have been found, or that it recurred often enough that the owner should have been looking for it.
What status on the property changes
Florida sorts visitors into categories, and the duty owed follows the category.
An invitee is on the property for a purpose connected to the owner's business, or by express or implied invitation. Most customers are invitees, and they are owed the most: a duty to maintain the premises in reasonably safe condition, to inspect for dangerous conditions the owner should discover, and to warn of hazards that are not obvious.
A licensee is present with permission but for their own purposes, which covers most social guests. The owner must refrain from willful or wanton injury and must warn of known dangers the visitor is unlikely to discover on their own.
A trespasser is present without permission. The duty is limited to refraining from intentional misconduct, and Florida statute further restricts liability toward trespassers, including where the trespasser was under the influence or engaged in criminal activity at the time.
The category is not always obvious, and the defense frequently disputes it, because moving a claimant down a category changes what has to be proven.
Situations these claims arise from
- Slip, trip and fall hazards including spills, uneven flooring and poor lighting
- Falling merchandise and objects
- Stairway, handrail and walkway defects
- Parking lot and sidewalk conditions
- Swimming pool incidents
- Elevator and escalator malfunctions
- Fires and building code violations
- Injuries caused by inadequate security
Negligent security
Where a person is assaulted on commercial or residential property, the question is whether the owner knew or should have known of a foreseeable risk and failed to take reasonable measures against it. Foreseeability is usually established through prior incidents at the property or in the immediate area, and the analysis examines lighting, access control, camera coverage, and whether security staffing matched the known risk.
Florida law creates a presumption against liability for certain multifamily residential property owners who substantially implement a defined set of security measures, including specified lighting at entrances, walkways and parking areas, secured locks on doors and windows, peepholes, and a camera system covering points of entry and exit, following a crime prevention through environmental design assessment. Whether that presumption applies is itself litigated, and it does not extend to every property type.
Evidence disappears quickly on commercial property
Surveillance footage is overwritten, often within days. Incident reports are generated and then held by the company. The hazard itself is cleaned up within minutes and the floor looks fine by the time anyone photographs it.
If you are hurt on someone's property: report it before you leave and make sure a written incident report is created, photograph the condition and the surrounding area immediately, get the names of employees and witnesses, keep the shoes and clothing you were wearing, and get medical attention the same day. Then get a preservation demand out for the video.
Common Questions
What do I have to prove in a premises liability case?
That a dangerous condition existed, that the property owner knew about it or should have known through reasonable care, that they failed to correct it or warn you, and that this failure caused your injury. Notice is usually the contested element and often the whole case.
How long does a store keep its surveillance video?
Frequently only days to a few weeks before it is overwritten automatically. Businesses are not obligated to preserve it unless properly put on notice, which is why a preservation letter needs to go out immediately rather than after a claim is denied.
The store filed an incident report. Can I get a copy?
Not usually by asking, and stores routinely decline to hand them over. The report is typically obtained through the legal claim process. Ask for a copy anyway when you report the injury, note who prepared it, and photograph anything you are shown.
Am I responsible if I did not see the hazard?
Not necessarily. The defense will argue an open and obvious condition should have been avoided, but that argument has limits, particularly where the owner should have anticipated that people would encounter the hazard anyway. Comparative fault reduces a claim rather than automatically defeating it.