Under Florida law, property owners and occupiers have a legal responsibility to maintain reasonably safe premises for lawful visitors. When they fail to do so and someone is injured, a claim may arise under premises liability law. Understanding premises liability in Florida is critical because these cases often hinge on whether the owner breached a duty of care and whether specific legal defenses apply. Property owners frequently rely on established defenses to reduce or defeat liability, depending on the facts of the incident.
Comparative Negligence Under Florida Law
Florida follows a modified comparative negligence system. This means compensation can be reduced if the injured party is found partially at fault for their own injuries. In some cases, recovery may be barred entirely if the plaintiff’s fault exceeds a statutory threshold. Property owners frequently argue that distractions, unsafe footwear, or ignoring visible warnings contributed to the accident. Understanding premises liability in Florida requires recognizing how fault allocation can significantly impact the value and viability of a claim.
Lack of Actual or Constructive Notice
One of the most common defenses centers on notice. To succeed in a claim, an injured person must typically show that the property owner knew, or should have known about the dangerous condition. Florida courts often analyze how long the hazard existed and whether reasonable management and inspections were conducted. For example, a spill that occurred moments before a fall may not provide enough time for discovery. This defense is often backed up by maintenance records and employee testimony.
Open and Obvious Condition Defense
Property owners may argue that a hazardous condition was open and obvious, meaning a reasonable person would have noticed and avoided it. While this does not always eliminate liability in Florida, it can reduce the owner’s responsibility if the danger was clearly visible. Courts often examine lighting, signage, and the surrounding environment. Even when a condition is obvious, owners may still be liable if they should have anticipated that visitors would encounter the danger despite its visibility.
Limited Duty Based on Visitor Status
Florida premises liability law evaluates duty of care based on the injured person’s legal status: invitee, licensee, or trespasser. Invitees, such as customers, receive the highest level of protection. Trespassers are generally owed minimal duties, with limited exceptions. A common defense is that the injured party was not lawfully on the property or went beyond areas open to the public, reducing or eliminating the owner’s legal obligation.
Assumption of Risk
Assumption of risk applies when a person knowingly and voluntarily exposes themselves to a known danger. Recreational activities, sporting events, and clearly marked hazardous areas often fall into this category. Property owners may argue that the injured party understood the risk and chose to proceed anyway. While not absolute, this defense can weaken claims when evidence shows informed and voluntary participation.
Why These Premises Liability Defenses Matter
Understanding premises liability in Florida means recognizing that these defenses are fact-driven and heavily dependent on evidence. Property owners rely on them to challenge liability, while injured parties must counter them by proving notice, duty, and causation. Florida premises liability cases are rarely straightforward, making early legal analysis essential for anyone involved in a property-related injury claim.
If you were injured on public property, a place of business or on someone’s private property, it’s important to seek legal guidance immediately to protect yourself from these defense tactics. Our experienced attorneys will evaluate the circumstances of your injuries, gather evidence and build a case that will maximize compensation for your injuries. We do not charge potential clients for case evaluations and there are no out of pocket costs for our representation if you ask us to represent you. Our fees are contingency based. We get paid when you get paid.
