A person can be seriously injured by a wet floor, broken step, uneven walkway, poor lighting, falling object, unsafe pool area, or other dangerous condition. But the fact that an injury happened on someone else’s property does not, by itself, make the owner legally responsible.
Florida premises-liability cases are negligence cases. The injured person generally must establish a legal duty, a breach of that duty, causation, and damages. Premises cases commonly add two important questions: Did the defendant possess or control the area, and did the defendant have actual or constructive notice of the dangerous condition?
Who owed a duty to make the property safe?
Responsibility does not always follow the name on the deed. A property owner, commercial tenant, store operator, property manager, condominium association, maintenance contractor, or another party may possess or control the area where the injury occurred. Contracts and leases can help identify who was responsible for inspection, maintenance, and repairs.
The visitor’s legal status also matters. A customer entering a business is ordinarily a business invitee. Florida decisions describe two core duties owed to an invitee: use reasonable care to maintain the property in a reasonably safe condition, and warn about concealed dangers the responsible party knows or should know about that the invitee cannot discover through reasonable care. The duties owed to social guests and trespassers can be different.
A property owner is not an insurer of every visitor’s safety. The claim turns on the condition, the duty owed, notice, reasonable precautions, causation, and the evidence—not simply where the injury occurred.
Florida’s special rule for business slip-and-falls
When a person slips on a temporary or “transitory” foreign substance in a business establishment—such as spilled liquid, food, grease, or tracked-in water— section 768.0755, Florida Statutes, generally requires proof that the business had actual or constructive knowledge of the condition and should have taken action to remedy it.
Two ways notice may be shown
- Actual knowledge: The business or its employee knew about the condition or created it.
- Constructive knowledge: Circumstantial evidence shows the condition existed long enough that the business should have discovered it, or that the condition occurred with such regularity that it was foreseeable.
Direct proof of exactly when a spill occurred is uncommon. Courts therefore examine details such as footprints, cart tracks, dirt, drying, changes in consistency, the size and source of a puddle, prior recurring leaks, and the location of employees. A clean spill with no tracks may tell a different story than liquid that is dirty, drying, or spread across a traveled aisle.
Recent appellate decisions underscore the point. In Loren v. Once Upon a Time, the Fourth District analyzed the circumstantial evidence needed to establish actual or constructive knowledge. In Kincaid v. Wal-Mart, the court again focused on evidence connecting the business to the specific dangerous condition, rather than generalized possibilities. Small factual details can control whether a claim reaches a jury.
What if the danger was “open and obvious”?
Property defendants often argue that a condition was so visible that no warning was required. An open and obvious condition can affect the duty to warn, but it does not automatically end every failure-to-maintain claim. Florida courts separately examine whether the responsible party should have anticipated that visitors might still encounter the danger.
For example, in McWhorter v. Event Services, the Sixth District explained in January 2026 that even if an object’s dangerousness was open and obvious, the surrounding circumstances could still allow a jury to decide whether harm was foreseeable and whether the premises were reasonably maintained. The focus is not merely whether an object was visible, but whether its dangerous condition was apparent and whether injury remained foreseeable.
A jury may consider whether the injured person was watching where they were going, ignored a warning, wore unsafe footwear, entered a restricted area, or otherwise contributed to the incident. Under section 768.81, a claimant in an applicable negligence action who is found more than 50 percent at fault for their own harm may not recover damages. A lesser share of fault generally reduces the recovery proportionally.
Evidence to preserve immediately
Premises evidence is unusually fragile. A spill is cleaned, a broken step is repaired, surveillance footage is overwritten, and witnesses leave. The first hours and days can be more important than people realize.
Wide and close photographs, video, measurements, lighting, warning signs, weather, the precise walking path, and the condition from the injured person’s viewpoint.
Incident reports, employee names, inspection and cleaning logs, prior complaints, maintenance requests, work orders, and recurring-condition evidence.
Names and contact information for anyone who saw the condition, the incident, employee responses, or statements made afterward.
Medical records, photographs of injuries, damaged clothing or footwear, wage records, receipts, limitations, and a contemporaneous symptom history.
Practical steps after an unsafe-property injury
- Report the incident before leaving and request a copy or identifying number for the report.
- Photograph the condition, the surrounding area, warnings, lighting, and your injuries if you can do so safely.
- Collect witness names and contact information rather than assuming the business will do it.
- Seek appropriate medical attention and accurately explain how the incident occurred and what symptoms followed.
- Preserve the clothing and footwear involved without altering or discarding them.
- Keep receipts, work-loss records, medical paperwork, and a written timeline of what happened.
- Avoid posting about the incident, your activities, or your injuries on social media while a claim is being evaluated.
How long do you have to bring a Florida claim?
Florida’s current limitations statute generally provides two years for an action founded on negligence. See section 95.11, Florida Statutes. The correct deadline can depend on when the claim accrued, the identity of the defendant, and the type of claim. Incidents involving a state or local government can also require formal pre-suit notice. Waiting is risky even when the filing deadline appears distant because evidence may be lost much sooner.
When it makes sense to speak with a lawyer
Legal guidance may be useful when the injury is serious, the condition was repaired or cleaned immediately, surveillance footage may exist, multiple businesses controlled the property, the insurer disputes notice or causation, or a governmental entity may be involved. Early investigation can identify the correct parties and preserve evidence before positions harden.
The Law Offices of Frederick W. Nessler & Associates evaluates Florida premises-liability and serious-injury claims. A consultation can help determine whether the facts support a claim and what should happen next.
About the author
Thomas J. Nessler
Thomas is a Gulf Coast-based trial attorney and partner with The Law Offices of Frederick W. Nessler & Associates, Ltd. He represents people and families in premises-liability and serious-injury matters throughout Florida.
Florida premises-liability practice