561-689-8180Understanding Comparative Negligence in Florida
Florida uses a comparative negligence system. This means if you’re injured in an accident — like a slip and fall — the court will look at whether you share any responsibility for what happened. If you ignored warnings, acted carelessly, or contributed in any way to the accident, a percentage of fault may be assigned to you.
But here’s the important part: you can still recover compensation, even if you’re partially at fault. Your total award will simply be reduced by your share of the blame. For example, if you’re found 20% at fault, your compensation will be reduced by 20%.
This is exactly why you need a skilled premises liability lawyer in your corner. At Zoeller Law, we work to minimize your share of fault and build the strongest case possible. We investigate thoroughly, gather key evidence, and fight for every dollar you deserve.
Causes of Premises Liability Accidents
Some of the more common types of premises liability accidents are:
- Slip and fall accidents – An obstruction in a walkway such as cracked or broken pavement, debris, uneven ground, depressions where water or ice can collect, uneven flooring or mats, or many other possible conditions could all cause a person to lose their footing and fall to the ground, either injuring themselves on the way down or upon impact with the floor or pavement.
- Dog bites – Generally, the dog owner is liable for the damage their pet inflicts on others, as long as the injured person is in a public place or is lawfully in a private place. Florida has “strict liability” rules regarding dog bites, which hold the owner liable, even if they had no prior knowledge that the dog would bite. The owner would need to claim that the injured person was trespassing or somehow provoked the dog, shifting some of the negligence to the injured party.
- Inadequate security – If a landlord or building owner fails to provide adequate security to prevent violent crime from occurring on the property, they may be liable if a tenant or visitor gets assaulted.
- Swimming pool accidents – These areas could be at the center of a slip and trip case, and a victim may even drown if they fall into the pool. Florida law imposes liability on owners for “attractive nuisances.” A pool is considered an attractive nuisance to children, who may sneak onto the property and get hurt or drown. The law mandates owners to take specific precautions, including installing fences and posting warning signs regarding the risks.
- Fire– Owners and landlords must take precautions to prevent fires and warn people about fire risks, whether from chemicals, electricity, or other hazards.
- Lead paint poisoning – The Consumer Product Safety Commission banned lead-based paint in residences and businesses in 1978. However, many buildings in Florida are much older and still have this paint on their interior and exterior walls. Children are especially vulnerable to exposure, which can cause severe injury or death.
- Stair or porch collapse – Many old buildings exist throughout the state, and not all of them have received proper maintenance. Aged and rotting wood and screws and supports succumbing to rust can turn a deck, porch, or stairway into a serious safety hazard. An accident victim could be in danger from falling through broken and splintered wood and from a high location. Even newer buildings may have design defects or neglected maintenance, which could cause the platform or stairs to collapse.
- Elevator and Escalator Injuries – Elevators and escalators are typically safe and essential for individuals with disabilities to navigate buildings. When poorly maintained or malfunctioning, they can cause serious injuries to the people using them.
Injured on Someone Else’s Property? Know Your Rights.
Slip and falls, broken stairs, poor lighting, and other hazards can cause serious, unexpected injuries. If a property owner failed to keep their premises safe, you may be entitled to compensation.
A skilled premises liability lawyer will review your case during a free consultation, determine if the property owner was negligent, and explain your options for pursuing a claim. Don’t guess — get the legal insight you need to move forward with confidence.
Hurt in a Premises Liability Accident? Let Us Help You
Hurt in a Premises Liability Accident? Let Us Help You
Get your FREE & confidential case review todayPremises Liability Accident Injuries
Injuries in premises liability cases could range from minor to severe or even deadly. Some of the more common injuries we see include:
- Muscle and joint strains and sprains – People could twist their ankles on uneven walkways or slippery ground. If this causes the victim to fall, further injuries may result.
- Electrocution or shock accident – Poorly maintained electrical equipment and appliances can shock or burn a user.
- Puncture wounds – Cuts, lacerations, or punctures could come from an animal bite, stray nails, or jagged metal or glass. In some cases, a tetanus or rabies shot may be necessary.
- Bone fractures and breaks – Often caused by hitting the ground after a slip and fall, broken bones or fragments could cause severe internal bleeding or organ damage.
- Gunshots or assault wounds – Inadequate security can potentially invite violent criminals, especially if neglected over a long period. If a visitor, resident, or guest is attacked or raped, the landlord or owner may be liable if security measures could have prevented the assault.
No one should suffer injuries or trauma due to someone else’s carelessness. We’ll help you hold the negligent parties responsible for your injuries.
Frequently Asked Questions
If injured on someone’s property, you likely have questions about your rights and legal options for recourse. Our attorneys are ready to help answer your questions when you call us at (561) 689-8180. We’ve also provided the answers to these frequently asked questions here:
Do I need to see a doctor if my injuries aren't that serious?
After an accident, you should always seek medical attention, even if it seems like you aren’t hurt very badly. Your accident may have caused internal or unseen damage, like internal bleeding, concussion, or hidden fractures, which you may not become aware of until days later. These problems could become serious and even life-threatening if not treated immediately. Furthermore, if you don’t see a doctor, the defendant may attempt to argue that you never sustained any injuries.
How long do I have to file a claim?
Florida personal injury law mandates filing a personal injury claim lawsuit within two years of the accident. Nonetheless, it’s crucial to contact a premises liability lawyer promptly to investigate the premises and interview witnesses before time elapses. There may also be earlier deadlines for your case to observe.
What is the "Duty of Reasonable Care" of a property owner?
There are three types of visitors to a property:
Invitees, or customers whom the property owner has invited to visit the location. The owner must ensure safety by fixing dangers and warning of hazards, bearing the greatest duty of care.
Licensees, or guests who have the consent of the property owner to visit. The owner has a smaller duty towards licensees than to invitees but must still inform them of any risks present.
Trespassers, or those who are not legally allowed to visit the property. Owners do not owe a duty of care to trespassers unless the visitor is a child and an attractive nuisance is present, such as a swimming pool.
In Florida premises liability law, lawsuit success often hinges on whether the accident happened within a “zone of foreseeability.” This means that the property owner should have known that an accident was possible under the circumstances in that location.
A property owner has a duty of care toward welcoming visitors and guests to maintain a safe environment and to fix any problems as quickly as possible that, when foreseeable, might cause an accident.
What kind of compensation is available to me?
Every personal injury case is different, but a successful case may make compensation available for a variety of purposes, including:
- Help with medical expenses
- Lost wages due to missed work during recovery
- Long-term care costs
- Pain and suffering
- Loss of household income
- Funeral expenses
Your premises liability lawyer can guide you further on what you can expect in your case.
Why Choose Zoeller Law to Handle Your Premises Liability Case
When your life is disrupted by a serious injury on someone else’s property, you need more than just a lawyer — you need a powerhouse legal team with a proven track record and a reputation you can trust.
At Zoeller Law, our attorneys have been fighting for Florida injury victims for over 40 years. Our West Palm Beach Premises Liability Lawyers know the ins and outs of Florida premises liability law — and we’ve built a stellar reputation for delivering real results for people just like you. When you hire Zoeller Law, you’re not just hiring a lawyer — you’re gaining a team of relentless advocates who will stand by you every step of the way.
We don’t back down from complex cases. And we don’t settle for less than you deserve. That’s why we’ve been honored with top recognitions in the legal field, including:
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Martindale-Hubbell AV Preeminent Rating for legal ability and ethical standards
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Top 25 Medical Malpractice Trial Lawyers
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Top 100 Trial Lawyers
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10 Best in Client Satisfaction by the American Institute of Personal Injury Attorneys
We fight like your future depends on it — because it does. Let Zoeller Law put decades of experience, national recognition, and unwavering dedication to work for you.
Hurt in a Premises Liability Accident? Let Us Help You
Hurt in a Premises Liability Accident? Let Us Help You
Get your FREE & confidential case review today
