Bottom line: In Florida, whoever controlled the property where an injury happened can be held responsible if their carelessness caused it. Liability usually turns on whether the owner knew, or should have known, about a hazard and failed to fix it or warn about it. Most of these claims are paid through the property owner’s homeowner’s, renter’s, or business liability insurance, and an injured person in Florida generally has two years to file.

Figuring out who’s responsible after someone gets hurt on a property can be confusing, and the answer isn’t always obvious. Whether it happens at a store, a friend’s home, or an apartment complex, Florida law looks at who controlled the space and whether they were careless. Here’s how premises liability works, and what it means if you were the one who was hurt.

In this article we discuss:

– Who is responsible when someone gets hurt on a property.

– How a visitor’s status affects the owner’s responsibility.

– When a property owner is actually liable.

– What it means if you were the one injured.

– How the Winter Haven premises liability attorneys at JustCallMoe can help.

Who is responsible if someone gets hurt on a property in Florida?

The person or business that controlled the property can be responsible if their negligence caused the injury. This area of law is called premises liability, and it holds owners, and sometimes tenants or property managers, accountable for keeping their space reasonably safe.

Responsibility isn’t automatic, though. Being hurt on someone’s property doesn’t by itself mean the owner has to pay. The injured person generally has to show the owner was careless and that the carelessness caused the injury.

How does a visitor’s status affect the owner’s responsibility?

In Florida, how much care a property owner owes you depends on why you were there. The law sorts visitors into three groups:

– Invitees: Individuals invited for the owner’s benefit, such as customers at a Winter Haven store. Owners owe them the highest duty, including inspecting for hazards and fixing or warning about dangers.

– Licensees: Social guests, such as a friend visiting a home. Owners must warn them about known dangers that aren’t obvious.

– Trespassers: Individuals on the property without permission. Owners owe them the least, though they still cannot intentionally harm them, and special rules protect children.

A visitor’s status often decides whether a claim succeeds, which is one reason these cases become complicated quickly.

If someone gets hurt on your property, are you liable?

Not automatically. A property owner is generally liable only when their negligence caused the injury. That usually means the owner knew, or reasonably should have known, about a dangerous condition and either didn’t fix it or warn people in time.

A puddle a store ignored for hours is very different from a spill that happened seconds before someone slipped. When an owner is responsible, the claim is usually handled by their insurance, whether that’s a homeowner’s, renter’s, or commercial liability policy, rather than paid out of pocket.

What if you were the one injured on someone else’s property?

If you were hurt on someone else’s property, you may be able to recover compensation for your medical bills, lost wages, and pain and suffering. This is where the attorneys at JustCallMoe focus. We represent injured individuals, not property owners defending claims.

Two Florida rules matter here. First, you generally have two years from the date of the injury to file a lawsuit under Florida Statutes § 95.11. Florida shortened this deadline from four years in 2023. The change applies to causes of action accruing after March 24, 2023; older information online may be out of date. Second, Florida follows a modified comparative negligence model with a 51% bar under Florida Statutes § 768.81. If you’re found partly at fault, your compensation is reduced in proportion to your share of fault, and anyone found to be greater than 50% at fault for their own harm may not recover any damages.

Expect the property owner’s insurer to argue you were partly to blame, that you weren’t watching where you were going, or that you ignored an obvious hazard. Because your share of fault can shrink or wipe out your recovery, pushing back on those arguments matters.

*Hurt on someone else’s property in Winter Haven? Call 866-654-7499 for a free consultation with the attorneys at JustCallMoe.*

How the attorneys at JustCallMoe help injured individuals in Winter Haven

If you were injured on someone else’s property in Winter Haven, the attorneys at JustCallMoe can review what happened and explain your options. We handle premises liability and other personal injury cases throughout Florida, and we deal with the insurance company so you can focus on healing.

Our Winter Haven office at 150 3rd St SW, Suite 210, is available by appointment. We also have offices in Orlando, Tampa, Palm Beach Gardens, Rockledge, and Key West (Key West is by appointment only), serving clients across the state.

Injured on the go? Contact JustCallMoe today. Call 866-654-7499 for a free consultation, and remember, you don’t pay us unless we recover compensation for you.

Frequently asked questions about premises liability in Florida

What happens if someone gets injured on your property?

Usually, a claim is made against the property owner’s insurance, such as a homeowner’s, renter’s, or commercial liability policy. If the owner’s negligence caused the injury, that coverage may pay the injured person’s medical bills and other losses.

How long do I have to file a premises liability claim in Florida?

For most premises liability injuries, you generally have two years from the date of the injury under Florida Statutes § 95.11. Florida amended this deadline in 2023, applying the change to causes of action accruing after March 24, 2023, so double-check current deadlines and don’t wait. Talking to a lawyer early helps protect your rights.

What if I were partly at fault for my own injury?

Being partly to blame doesn’t necessarily end your case. Under Florida Statutes § 768.81, your compensation is reduced in proportion to your share of fault, and you’re barred from recovering only if you’re found more than 50% at fault for your own harm. Insurers often overstate your share of the blame, which is worth challenging.

How much does it cost to talk to a lawyer?

Your consultation with JustCallMoe is free. We handle personal injury cases on a contingency fee basis, meaning no fee unless we recover compensation for you.