Every day in Martin County, people are injured on property they did not own. A shopper slips on a wet floor in a Stuart grocery store. A child falls into an unfenced pool at a rental property in Palm City. A visitor is assaulted in a poorly lit parking lot in Jensen Beach. A guest trips on a broken step at a Hobe Sound restaurant.

These are all premises liability cases — injury claims that arise when a property owner or occupier fails to maintain reasonably safe conditions for people who enter the property.

Florida premises liability law is more complex than most people realize. The duty owed to you depends on why you were on the property. The proof required depends on the type of hazard. And the deadlines for filing a claim are strict.

Premises liability is the area of law that holds property owners, managers, tenants, and occupiers responsible when their negligence causes injury to someone on the property.

The legal foundation is simple: people who control property have a duty to keep it reasonably safe for those who enter. When they fail that duty and someone gets hurt, they may be legally responsible for the resulting damages.

• Slip and fall accidents: Wet floors, spilled liquids, tracked-in rain, or slippery surfaces
• Trip and fall accidents: Uneven sidewalks, broken pavement, raised thresholds, torn carpeting, or cluttered walkways
• Negligent security: Inadequate lighting, broken locks, lack of security personnel, or failure to address known criminal activity
• Swimming pool accidents: Unfenced pools, broken drain covers, slippery pool decks, or inadequate supervision
• Staircase and elevator accidents: Broken handrails, uneven steps, poor lighting, or malfunctioning elevators
• Dog bites: When a property owner's dog attacks a visitor on the property
• Falling objects: Items falling from shelves, construction debris, or overhead hazards

Not every person who enters a property has the same legal status. Florida law recognizes different categories of visitors, and the duty owed by the property owner changes depending on which category you fall into.

An invitee is someone who enters property with the owner's express or implied invitation for a business purpose or for a purpose for which the property is held open to the public.

Examples include:

• Customers in a store, restaurant, or hotel
• Patients in a medical office
• Tenants and their guests in an apartment complex
• Visitors to a public park or government building

Property owners owe invitees the highest duty of care. They must:

• Maintain the property in a reasonably safe condition
• Inspect the property regularly to discover dangerous conditions
• Warn invitees of known dangers that are not obvious
• Take reasonable steps to correct dangerous conditions

A licensee is someone who enters property with the owner's permission but for their own purpose rather than for the owner's benefit.

Examples include:

• Social guests at a private home
• Salespeople who enter with permission

Property owners owe licensees a duty to:

• Warn of known dangers that are not obvious
• Refrain from willful or wanton misconduct

A trespasser is someone who enters property without permission. Property owners generally owe trespassers only a duty to refrain from willful or wanton misconduct.

However, there is an important exception for child trespassers under the attractive nuisance doctrine. If a property contains something that is likely to attract children — such as a swimming pool, trampoline, or construction equipment — the property owner may have a duty to take reasonable precautions to protect children even if they are trespassing.

To win a premises liability case in Florida, you generally need to prove four elements:

The property owner owed you a duty of care based on your status as an invitee, licensee, or trespasser.

The property owner breached that duty by failing to maintain the property in a reasonably safe condition, failing to warn of known dangers, or failing to correct dangerous conditions.

The property owner's breach of duty caused your injury. This requires showing that the dangerous condition was the direct cause of your accident and injuries.

You suffered actual damages as a result of the injury, including medical expenses, lost wages, pain and suffering, and other losses.

For cases involving transitory foreign substances — such as spilled liquids or tracked-in debris — Florida Statute 768.0755 requires you to prove that the property owner had actual or constructive knowledge of the dangerous condition.

• Actual knowledge: The owner or an employee knew about the specific hazard.
• Constructive knowledge: The condition existed long enough that the owner should have discovered it through reasonable inspection, or the condition occurred with such regularity that it was foreseeable.

This is often the most challenging element to prove in slip and fall cases. Evidence such as surveillance footage, inspection logs, employee testimony, and witness statements can be critical.

Property owners and their insurance companies often raise several defenses in premises liability cases:

The property owner may argue that the dangerous condition was open and obvious, and that you should have seen it and avoided it. However, this defense is not absolute. Florida courts have recognized that property owners may still be liable even when a condition is open and obvious if the owner should have anticipated that visitors would be distracted or otherwise unable to avoid the hazard.

Florida uses a modified comparative negligence rule. If you were partly at fault for your accident, your recovery will be reduced by your percentage of fault. If you are found to be more than 50% at fault, you cannot recover anything.

In slip and fall cases, the property owner may argue that they had no actual or constructive knowledge of the dangerous condition. This is why documenting the scene immediately after an accident is so important.

1. Seek medical attention if you are injured, even if your injuries seem minor.
2. Report the accident to the property owner, manager, or security personnel. Ask for a written incident report.
3. Document the scene with photographs and video. Capture the hazard, the surrounding area, lighting conditions, and any warning signs (or lack thereof).
4. Get witness information — names and contact details of anyone who saw what happened.
5. Preserve evidence — keep the shoes and clothing you were wearing.

• Follow up with medical care and keep all records.
• Do not give recorded statements to the property owner's insurance company without legal advice.
• Contact a premises liability attorney as soon as possible to preserve evidence and protect your rights.

If you are successful in a premises liability claim, you may be entitled to recover:

• Medical expenses: Past and future medical bills, including emergency care, surgery, physical therapy, and medication
• Lost wages: Income lost while you were unable to work
• Reduced earning capacity: If your injuries affect your ability to work in the future
• Pain and suffering: Physical pain and emotional distress caused by the injury
• Loss of enjoyment of life: If your injuries prevent you from participating in activities you previously enjoyed

In Florida, you generally have 2 years from the date of your accident to file a premises liability lawsuit. This deadline applies to most negligence-based claims, including slip and fall cases.

However, there are important exceptions:

• Government property: If your accident occurred on government property, you may need to file a notice of claim within a much shorter timeframe — sometimes as little as 3 months.
• Discovery rule: In some cases, the statute of limitations may not begin to run until you discovered or should have discovered your injury.

Do not wait to consult with an attorney. Evidence disappears, witnesses forget details, and surveillance footage is often overwritten within days or weeks.

If you were hurt on someone else's property in Stuart, Palm City, Jensen Beach, Hobe Sound, or anywhere in Martin County, Juan Cordero Lawyers can help you evaluate your claim, preserve critical evidence, and pursue the compensation you deserve. Call 305.525.8957 — free consultation, 24 hours a day, 365 days a year.

• Slip and Fall Lawyer Florida — Premises liability practice area
• Negligent Security Lawyer Florida — Related premises liability claims
• Martin County Personal Injury Lawyer — Serving Martin County
• Stuart Personal Injury Lawyer — Serving Stuart, FL
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