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What Florida Law Says About Property Owner Responsibility
Florida's premises liability law places specific obligations on property owners and significant burdens on injured victims. Two legal changes in recent years directly affect what you must prove and how fast you must move.
The Burden of Proof: Florida Statute §768.0755
Florida Statute §768.0755 governs slip and fall injuries caused by transitory foreign substances (spilled liquids, loose mats, food debris) inside business establishments. The injured person must prove the business had actual or constructive knowledge of the hazard and failed to act. The burden falls on you, not the owner.
The 51% Bar: HB 837 (Effective March 24, 2023)
Florida shifted from a pure comparative negligence system to a modified one. Under the current rule, if a court finds you more than 50% responsible for your own injury, you recover nothing. Property owners and their insurers argue comparative fault aggressively in every premises liability case. Having a premises liability injury attorney in Pensacola on your case from the start, before statements are taken and the scene changes, is the most effective protection against that strategy.
The Filing Deadline: Two Years
Under Florida Statute §95.11, you have two years from the date of injury to file a premises liability claim for causes of action arising after March 24, 2023. Surveillance footage gets overwritten, physical conditions get repaired, and witnesses become difficult to locate. The longer you wait, the harder the case becomes.
Our Proven Track Record: Premises Liability Case Results
A jury awarded a Mossy Head man damages after finding a medical center negligent in their duties. We hold all property owners accountable, even hospitals.
An Okaloosa County man was injured due to negligence. When the insurance company denied the claim, we took them to court and secured a verdict of over $300k.
One of the largest personal injury awards in Bay County history was decided for an elderly man who said an unlicensed, underaged car wash employee backed into his bicycle.
We Handle All Types of Premises Liability Cases in Pensacola
Our legal team has handled a wide range of premises liability claims in Pensacola and throughout Northwest Florida. We have represented clients hurt in all of the following situations:
- Slip and fall accidents: The most common type of premises liability claim. Wet floors, loose rugs, uneven pavement, and potholes in parking lots all create conditions where a serious fall can happen in an instant.
- Negligent security: When insufficient lighting, missing cameras, or undertrained security staff contribute to an assault or robbery, the property owner faces liability under Florida Statute §768.0701.
- Unsafe or defective conditions: Collapsed ceilings, faulty wiring, broken stair rails, and defective elevators all fall under this category. When a dangerous condition traces back to negligent design, poor construction, or deferred maintenance, the property owner bears responsibility.
- Inadequate maintenance: The law requires property owners to inspect for hazards and address dangerous conditions before someone gets hurt. Owners who ignore that obligation are accountable for the injuries that follow.
- Swimming pool accidents: Missing fencing, broken safety latches, slippery pool decks, inadequate supervision, and failure to meet state safety standards all give rise to premises liability claims.
- Dog bites and animal attacks: Florida follows strict liability for dog bites under Florida Statute §767.04. A dog owner is liable for bites that occur in public or on private property where the victim had a legal right to be, regardless of whether the dog had ever bitten anyone before.
We Fight for Maximum Compensation for Your Premises Liability Injuries
Premises liability injuries can range from fractures and torn ligaments to traumatic brain injuries and permanent disabilities. The premises liability injury attorneys in Pensacola at Michles & Booth are committed to recovering the full value of what you have lost, including:
- Medical expenses: All past and future costs, including emergency treatment, hospitalization, surgery, physical therapy, prescription medication, and any ongoing care your injury requires
- Lost income: Wages you were unable to earn during recovery, and reduced long-term earning capacity if your injuries affect your ability to work
- Pain and suffering: Compensation for the physical pain and discomfort caused by the injury, both past and ongoing
- Emotional distress: Documented psychological impact, including anxiety, depression, or post-traumatic stress stemming from the accident and its aftermath
- Loss of enjoyment of life: When injuries prevent you from activities, hobbies, or relationships that were part of your daily life before you were hurt
We will investigate your case thoroughly and pursue every available avenue of recovery. Under Florida's modified comparative negligence rule (§768.81(6)), your damages may be reduced if you are found partially at fault, but only if your share is 50% or below.
If a property owner's failure to maintain safe premises was the primary cause of your injury, you have a claim worth pursuing, and we will pursue it fully.
