In Florida, a premises liability claim arises when you’re injured due to unsafe property conditions like wet floors, broken stairs, or poor lighting, and the property owner knew or should have known about the hazard. In this guide, you'll learn what a liability claim is, who can file one, and the steps involved.
What Is a Premises Liability Claim?
A premises liability claim is a legal action filed when someone is injured due to unsafe conditions on someone else’s property. Common hazards that lead to claims:
- Wet floors without warning signs
- Broken stairs or unstable handrails
- Poor lighting that hides dangers
- Lack of security in risky areas
- Loose cords, clutter, or debris
Under Florida law, if a property owner knew or should have known about a dangerous condition and failed to fix it or warn you, they can be held legally responsible. For the legal basis, see Florida Statute § 768.0755.
When Can You File a Premises Liability Claim in Florida?
Not every fall leads to a lawsuit, but if a property owner knew (or should’ve known) about a danger and failed to act, that’s negligence, not bad luck. In that case, Florida law lets you take legal action.
To file a valid premises liability claim in Florida, you must prove:
1. Dangerous condition: There was a hazard (wet floor, poor lighting, broken steps).
2. Knowledge: The owner knew or should have known about it.
3. Failure to act: They didn’t fix the hazard or warn you (e.g., no sign, no cordon).
4. Causation: That failure directly led to your injury.
If even one element is missing, your premises liability claim in Florida case may be rejected in court.
You Only Have Two Years: Florida’s statute of limitations (§ 95.11) gives you just two years from the date of the injury to file a claim. Miss that deadline, and your case is barred, no matter how strong the evidence is.
Steps to File a Premises Liability Claim
A premises liability claim begins the moment the accident occurs, not in court or at a lawyer’s office. What you do right after the injury can make or break your case.
Below, we outline the key steps to file a premises liability claim in Florida. Each step matters, and in the next sections, we’ll explain exactly how to follow them to protect your right to full compensation.
Step 1: Seek Medical Attention Immediately
Even if the injury seems minor, get medical care right away. It’s not just about your health; it’s the legal foundation of your injury claim against a property owner's negligence.
Why it matters:
- Medical records prove what happened, when, and how serious it is.
- Without them, insurers may say your injury isn’t real or wasn’t caused by the incident.
- Florida law treats medical evidence as key to proving damages.
Don’t wait. Early treatment protects both your health and your legal case.
Step 2: Report the Incident Immediately
Inform the property owner, manager, or security personnel as soon as the accident happens. If you're in a commercial setting (like a store or restaurant), request to complete an official incident report. Why this matters:
- Creates a written record of the event
- Prevents the owner from later denying that it happened.
- While not legally required under Florida law, documentation strengthens you claim.
-
Step 3: Document the Scene in Detail
Documenting a claim for unsafe premises starts the moment the accident happens. Solid visual and witness evidence can make or break your case.
- Take clear photos and videos of the hazard (e.g., wet floor, broken step, poor lighting).
- Photograph your injuries.
- Collect names and contact information of witnesses.
This documentation shows that the property was unsafe and that the owner failed to address the danger.
Step 4: Preserve Every Piece of Evidence
Keep a file, digital or physical, with everything related to your injury:
- Medical bills and treatment notesReceipts and incident reports
- Damaged items and communications
- Surveillance footage (if available)
The more you preserve, the stronger your case, especially if it goes to court.
Step 5: Talk to a Lawyer Who Knows Premises Liability
Don’t face insurers or property owners alone. A lawyer experienced in premises liability claims will:
- Evaluate your case
- Guide you on how to file a premises liability claim correctly
- Handle negotiations and protect yourself from lowball offers or legal traps
Need help understanding your rights? Visit the Florida Department of Financial Services for more on personal injury claims.
What to Expect During the Premises Liability Claim Process
The legal system can be intimidating, but let’s be clear: filing a premises liability claim isn’t some endless courtroom drama. In reality, the premises liability claim process follows a clear path, and most cases settle well before they ever reach a judge.
Here’s how the process unfolds when you have the right legal team fighting for you:
Step 1: Investigation
Your attorney begins by gathering evidence to prove that the property owner’s negligence caused your injury. This may include:
- Visiting the scen
- Collecting photos, videos, or physical evidence
- Interviewing witnesses and reviewing footage
- Examining maintenance records and prior complaints
Examining maintenance records and prior complaints
Under Florida law, you must show that the owner had actual or constructive knowledge of the hazard. Learn more in Florida Statute § 768.0755 on premises liability.
Step 2: Demand Letter
After gathering evidence, your lawyer sends a demand letter to the property owner's insurance company. This document explains:
- What happened
- Why is the owner legally responsible
- The extent of your injuries
- The compensation you’re seeking
This letter signals that you're prepared to pursue the claim seriously and won’t settle for less than what you're owed.For legal context, see the Florida Bar’s civil practice guide on pre-litigation procedures.
Step 3: Negotiation
Most premises liability claim cases settle during negotiation. Insurers prefer to avoid court, but may:
- Deny fault
- Offer less than you deserve
Your attorney uses the evidence to push back and fight for fair compensation. If negotiations succeed, your claim may settle in a matter of weeks or months.
Step 4: Lawsuit & Litigation
If the insurer won’t negotiate fairly, your attorney may file a lawsuit, moving your premises liability claim into formal litigation. This process may include:
- Discovery – Both sides exchange evidence
- Motions – Legal arguments presented to the court
- Mediation – Attempt to settle with court involvement
- Trial – Judge or jury decides the case if no settlement is reached
While most claims settle during negotiation, some cases move forward to formal litigation. If you're wondering what happens when a premises liability claim becomes a lawsuit, we explain the full legal process in detail.
Curious about what happens if your claim goes to court? Our complete guide on filing a premises liability lawsuit walks you through the entire litigation process, from discovery to trial.
Why It Pays to Be Prepared?
The premises liability claim process isn’t just legal paperwork; it’s a strategic battle. When your attorney builds a strong case from the start and is ready for trial, insurers are more likely to negotiate seriously. Being prepared shifts the outcome
- Unprepared = lowball offers
- Trial-ready = stronger leverage and better results
The right legal team can make all the difference in how quickly and fairly your claim is resolved.
How Much Can I Get for a Premises Liability Claim?
Let’s cut to the chase, there’s no flat-rate settlement for a premises liability case. Anyone who tells you otherwise isn’t being honest. The truth is, the value of your premises liability claim depends on several key factors, and insurance companies will do everything they can to minimize your payout.But if you’re wondering how much I can get for a premises liability claim in Florida, here’s what’s Type of DamagesWhat It CoversMedical ExpensesER visits, surgeries, medication, rehabilitationLost WagesIncome lost during recovery, missed work opportunitiesPain and SufferingEmotional distress, anxiety, loss of enjoyment of lifePermanent DisabilityLong-term or lifelong impairment from the injuryThe value of your claim depends on your injuries, evidence, and ability to prove negligence. For a breakdown of potential compensation, see our guide on how much premises liability claims are worth.
1. Medical Expenses (Past, Present, and Future)
This includes ER visits, hospital stays, surgeries, rehab, prescription medications, physical therapy, and any future treatments your doctor recommends. In more serious cases, you may be entitled to lifetime medical compensation.Under Florida Statute § 627.736, your Personal Injury Protection (PIP) may initially cover up to $10,000 of emergency medical costs. Beyond that, you’ll need to pursue compensation through the at-fault party.
2. Lost Wages or Loss of Earning Capacity
If your injuries forced you to miss work or worse, left you unable to return to your job, you can claim:
- Wages lost during recovery
- Loss of future earning potential if you can’t work at the same level
- Missed job opportunities due to your injuries
This is especially critical in cases where physical limitations prevent you from returning to the same career or workload.
3. Pain and Suffering
Not all injuries are visible, but their impact is real. Under Florida law, you can seek compensation for:
- Emotional distress
- Chronic pain
- PTSD
- Loss of enjoyment of life
These damages often reflect the true cost of your experience, sometimes more than your medical bills. Don't let insurers dismiss them. You have the right to be taken seriously and fully compensated.
4. Permanent Disability or Long-Term Impairment
If your injury leads to permanent damage such as nerve injury, reduced mobility, or disfigurement, your premises liability claim becomes even more important. Florida law allows additional compensation for lifelong impairments that affect:
- Your ability to work
- Daily independence
- Quality of life
When the impact is permanent, the value of your claim should reflect that reality.
So... What’s Your Case Worth?
The value of a premises liability claim depends on three main factors:
- Severity of your injuries
- Quality of your evidence
- Proof of the property owner’s negligence
Falls are a leading cause of ER visits in Florida, especially among older adults. According to Florida’s Injury Surveillance Data, over 200,000 emergency visits each year are caused by unintentional falls.Because these cases are common, insurers often try to underpay. But if your fall was due to negligence, you may be entitled to full compensation under Florida tort law (Chapter 768).
Premises Liability Claim Example in Florida
You’re shopping in a Florida grocery store and trip over a rolled-up floor mat. Later, you find out employees had already reported the hazard to management, but nothing was done, no warning, no fix.This scenario illustrates how premises liability claims work in Florida. You don’t need to prove intent, only that:
- A dangerous condition existed (e.g., loose mat)
- The property owner knew or should have known about it
- They failed to take reasonable action
- You were injured as a direct result
This is a textbook premises liability claim. If properly documented, you may be entitled to compensation.
What makes or breaks your claim?
Slip-and-fall accidents in grocery stores are among the most common types of premises liability lawsuits in Florida, especially for older adults. According to the Florida Department of Health, over 70,000 hospitalizations per year are linked to unintentional falls, many preventable.Strong premises liability claims often settle without trial, especially when you:
- Take photos of the hazard
- Report the incident immediately
- Seek same-day medical care
- Have witness statements or footage
Proper documentation protects your claim and increases the chance of early resolution.Learn more about negligence in injury cases in The Florida Bar’s consumer guide on personal injury law.
Common Mistakes in Florida Premises Liability Claims
Here’s a hard truth: even a strong premises liability claim can unravel fast if you make the wrong moves after your accident. And unfortunately, insurance companies are counting on you to slip up.
Their job isn’t to help you, it’s to pay you as little as legally possible. They’re trained to pick apart your case, delay negotiations, and use your missteps against you.
If you want a fair shot at compensation, you need to avoid the landmines that can destroy your claim before it even gets started. Below are the most common and costly mistakes victims make when they don’t understand how premises liability claims work in Florida:
1. Delaying Medical Treatment: Insurers may argue your injuries aren’t serious or didn’t happen at all. Symptoms may appear days later, and PIP benefits require care within 14 days. Seek medical attention immediately, even for minor injuries. Keep all records and comply with Florida Statute § 627.736.
2. Failing to Report the Incident: Without an official report, the property owner can deny it happened. No documentation = weak case. Report the accident right away to the property manager or responsible party. Request a written report and keep a copy.
3. Not Preserving Evidence: Lack of photos, documents, or witness info weakens your claim and turns it into a “he said, she said” situation. Take photos of the scene and your injuries. Save physical evidence, witness contacts, receipts, and all communications.
4. Talking to the Insurance Company Without a Lawyer: Adjusters aim to minimize payouts. They may record your statements or pressure you into a low offer. Don’t speak to insurers until you consult a personal injury attorney. Let your lawyer handle all communication.
Why Choose Louis Berk Law for Your Premises Liability Case
We’re not neutral, and we’re not passive. At Louis Berk Law, we believe negligent property owners should be held fully accountable. We’ve handled countless premises liability claim cases across Florida, from wet floors in stores to poor lighting in apartment complexes, and we’ve won real results for real clients.
We know how to investigate, how to negotiate, and how to take your case to trial if that’s what it takes. You shouldn’t have to pay for someone else’s carelessness. Let’s make sure you don’t.
Get a Free Case Review Today
Louis Berk is a personal injury attorney based in Florida with over a decade of experience handling premises liability cases. He is the founding attorney of Louis Berk Law and is committed to helping victims recover full compensation after preventable injuries.
If you're ready to take action, speak directly with a premises liability lawyer in Florida at Louis Berk Law today.
Frequently Asked Questions About Premises Liability Claims
What is a premises liability claim in Florida?
A premises liability claim arises when someone is injured due to unsafe conditions on another person’s property, like wet floors, broken stairs, or poor lighting, and the property owner failed to fix or warn about the hazard.
How do I know if I have a valid premises liability case?
You may have a valid claim if you can prove that a dangerous condition existed, the property owner knew (or should have known) about it, failed to take reasonable action, and you were injured as a direct result.
What are the most common causes of premises liability claims?
Common hazards include wet floors without signs, broken handrails, poor lighting, loose wires, and lack of security. These issues can occur in stores, parking lots, apartment complexes, or private residences.
What steps should I take after an injury on someone else's property?
Seek medical care immediately, report the incident to the property manager, take photos of the hazard, gather witness information, and contact an experienced premises liability lawyer as soon as possible.
How long do I have to file a premises liability claim in Florida?
Florida law gives you two years from the date of the accident to file a claim. If you miss this deadline, you may lose your right to seek compensation.
What damages can I recover in a premises liability claim?
You may be eligible for compensation covering medical expenses, lost wages, pain and suffering, and, if applicable, long-term disabilities or loss of earning capacity.
Do I need a lawyer to file a premises liability claim?
While not legally required, having a lawyer is strongly recommended. Insurance companies often deny or undervalue claims, and an attorney can protect your rights, handle negotiations, and represent you in court if needed.
Can I still file a claim if I was partially at fault?
Possibly. Florida follows a modified comparative negligence rule, meaning you can still recover damages as long as you’re less than 51% at fault, but your compensation may be reduced proportionally.
What’s the difference between a premises liability claim and a lawsuit?
claim is the initial step where you request compensation, often settled without going to court. A lawsuit is a formal legal action if the insurer refuses to offer a fair settlement.
How much can I get for my premises liability claim?
Most premises liability claims in Florida settle for $15,000 to $45,000 on average. However, if the injuries are severe, involve permanent disability, or require extensive medical treatment, settlements can reach $100,000 or more. Minor injury cases may settle for under $10,000. Every case is different, so speaking with a lawyer is the best way to estimate your claim’s true value.
What mistakes should I avoid when filing a premises liability claim?
Don’t delay medical treatment, fail to report the incident, neglect to preserve evidence, or speak to the insurer without legal representation. These errors can severely weaken your case.
