What is Premises Liability: Your Rights After an Injury on Someone Else’s Property
Updated: Sep 2
When you walk into a store, visit a friend’s house, or even stroll through a parking lot, the last
thing on your mind is getting hurt. But when property owners fail to maintain a safe environment, accidents can—and do—happen. That’s where premises liability comes in.
Premises liability cases in Florida are governed by specific rules - including how your legal status on the property affects what the owner owes you, how Florida’s 2023 tort reform changed the fault rules, and strict filing deadlines.
At The G Law Group, we believe that understanding your rights is the first step toward protecting them. Here’s what you should know.
What is Premises Liability?
Premises liability is a legal concept that holds property owners responsible when someone is
The key issue? Negligence. If a property owner knew (or should have known) about a
dangerous condition and didn’t fix it or properly warn visitors, they may be liable for injuries that occur as a result.
Florida Premises Liability Law: The Duty of Care Depends on Your Visitor Status
Under Florida law, the duty of care a property owner owes you depends on your legal status on the property at the time of the injury.
Invitees are people who enter a property for a business or commercial purpose - customers in a store, patients in a medical office, hotel guests, restaurant patrons. Property owners owe invitees the highest duty of care: they must regularly inspect the property, correct dangerous conditions, and warn of any hazards they know or should have known about.
Licensees are social guests or others with the owner’s permission who are not there for a commercial purpose. Property owners must warn licensees of known dangers that are not obvious, but are not required to actively inspect the property on the licensee’s behalf.
Trespassers generally receive the least protection. Under Florida Statute § 768.075, property owners typically owe trespassers only a duty to refrain from intentional misconduct. An exception applies to children under the “attractive nuisance” doctrine - if a hazard such as a swimming pool or heavy machinery is likely to attract child trespassers, the property owner can be liable for failing to take reasonable precautions.
Your visitor status is one of the first things a premises liability attorney will assess, because it directly determines what the property owner was legally required to do, and whether they failed to do it.
How Florida’s 2023 Tort Reform (HB 837) Affects Premises Liability Claims
Florida’s 2023 tort reform, House Bill 837 (signed March 24, 2023), made two significant changes that directly affect premises liability cases.
Statute of limitations cut from four years to two years. Under the amended Florida Statute § 95.11, you now have just two years from the date of your injury to file a premises liability lawsuit for incidents occurring on or after March 24, 2023. Missing this deadline almost certainly bars your claim permanently.
Switch from pure to modified comparative negligence. Under the new Florida Statute § 768.81, if you are found to be more than 50% at fault for your own injury, you are completely barred from recovering any compensation.
Under the old rule, you could still recover even if mostly at fault, your award was just reduced. Property owners and insurers now aggressively try to push a claimant’s fault above 50%. An experienced premises liability attorney is essential to counter this.
Common Examples of Premises Liability Cases
Premises liability claims cover a wide range of scenarios, including:
Slip and fall accidents in grocery stores, restaurants, or shopping malls.
Injuries from broken handrails or uneven walkways at apartment complexes, parking
lots, or stadiums.
Inadequate security leading to assault or injury in apartment complexes, bars, or hotels.
Dog bites on private property.
Hazards on construction sites or commercial buildings.
Every case is different, but the bottom line is this: If you were injured because someone else
failed to keep their property safe, you may have a legal case.
What Needs to Be Proven?
To successfully pursue a premises liability claim, you generally need to prove:
The property owner owed you a duty of care.
They breached that duty by failing to maintain a safe environment.
That breach directly caused your injury.
You suffered damages as a result (medical bills, lost wages, etc.)
It’s not always easy to prove these elements on your own—that’s where an experienced
premises liability attorney makes all the difference.
How Long Do You Have to File a Premises Liability Claim in Florida?
Two years from the date of the injury for incidents on or after March 24, 2023 (Florida Statute § 95.11, as amended by HB 837). For incidents before that date, the prior four-year limit may still apply. Contact a premises liability attorney as soon as possible.
What Compensation Can You Recover?
If you were injured on someone else’s property in Florida due to the owner’s negligence, you may be entitled to compensation for: medical expenses (past and future); lost wages and loss of earning capacity; pain and suffering; permanent disability or significant disfigurement; emotional distress; and loss of enjoyment of life.
In cases involving particularly egregious conduct, punitive damages may also be available.
Why Legal Guidance Matters Why You Need a Premises Liability Attorney in Miami
Premises liability laws vary by state, and insurance companies often look for ways to minimize
or deny valid claims. At The G Law Group, our team works hard to uncover the facts, build a strong case, and fight for the compensation you deserve.
Contact The G Law Group Today
If you’ve been injured on someone else’s property, don’t guess at your rights—know
them. Contact The G Law Group today for a free case evaluation, and let’s talk about your next steps.
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