To win a premises liability case in Florida, the injured party has the burden of proving:
- The owner knew or should have known of a dangerous condition.
- The owner failed to give a proper warning of the condition.
- An injury occurred because of the dangerous condition.
How much care is the property owner required to provide?
The duty owed depends on the visitor's legal status. Florida recognizes three categories:
Trespassers
Someone on the property without permission. The owner owes only the duty not to create hidden dangers.
Licensees
Someone present by invitation for social purposes — family, friends. The owner owes a duty of reasonable care to keep the property safe and to repair unsafe conditions, in addition to the duty owed to trespassers.
Business invitees
Someone on the property for a business purpose — a customer, a delivery driver, a contractor. They're owed the highest level of care, which includes a duty to regularly inspect the property for hazards the owner doesn't already know about.
Premises liability cases are won with preparation
Insurers routinely argue the danger was "open and obvious" or that the hazard wasn't there long enough to spot. Beating those defenses requires evidence — incident reports, surveillance video, maintenance logs, witness statements — collected quickly. Call 305-677-2228 for a free case evaluation.