Florida Premises Liability Law: Statute, Standards & Key Cases

A shopper slips on a puddle of water in a Florida grocery store aisle and fractures her hip. The water has been there for 45 minutes — a store employee walked past it twice without cleaning it up or placing a warning sign. Security camera footage confirms this.

The store faces a premises liability claim. And in Florida, where millions of visitors pass through commercial properties every day — hotels, theme parks, shopping centers, apartment complexes, restaurants — premises liability is one of the most heavily litigated areas of personal injury law.

Florida's premises liability rules changed dramatically in 2023. HB 837 shortened the statute of limitations, shifted comparative negligence from pure to modified, and created new safe harbor defenses for certain property owners. This guide covers the current law.

Statute of Limitations

Two years from the date of the injury. Under Florida Statutes § 95.11(5)(a), all premises liability claims must be filed within two years.

This deadline was cut in half by HB 837 in 2023. Before March 24, 2023, the deadline was four years. If your injury occurred before that date, the four-year deadline still applies. For injuries on or after March 24, 2023, the two-year deadline controls.

Tolling exceptions: The statute may be tolled for minors (until age 18), for persons who are mentally incapacitated, and in cases involving fraud or concealment by the defendant.

Legal Standard

Duty of Care by Visitor Status

Florida uses a status-based approach to determine the property owner's duty of care:

Invitees — persons invited onto the property for a business purpose or who enter a place open to the public (customers, tenants, hotel guests, theme park visitors). Property owners owe invitees the highest duty: to maintain the premises in a reasonably safe condition, to warn of known hazards, and to inspect for unknown hazards that could be discovered through reasonable diligence.

Licensees — persons on the property with permission but not for a business purpose (social guests). Property owners must warn of or make safe known dangerous conditions that are not obvious.

Trespassers — persons on the property without permission. Property owners owe no general duty except to refrain from willful or intentional harm. The exception is the attractive nuisance doctrine for child trespassers — property owners must protect children from artificial conditions on the property that are likely to attract children and pose an unreasonable risk.

Slip-and-Fall Claims — The Knowledge Requirement

For slip-and-fall cases involving transitory substances (spills, water, debris), Florida Statutes § 768.0755 places the burden on the plaintiff to prove that the property owner:

• Had actual knowledge of the dangerous condition and should have taken action, OR
• Had constructive knowledge — meaning the condition existed for a sufficient length of time that the owner should have discovered it through reasonable inspection procedures.

Constructive knowledge can be proven through evidence such as:

• The length of time the substance was on the floor
• Whether the substance was in a location that should have been regularly inspected
• Whether the property had a reasonable inspection protocol in place
• Whether employees were in the area and should have noticed the hazard

Modified Comparative Fault

Since HB 837 (March 24, 2023), Florida follows modified comparative negligence. If the plaintiff is more than 50% at fault for their own injuries, they recover nothing. If 50% or less at fault, recovery is reduced by the plaintiff's fault percentage.

This replaced Florida's long-standing pure comparative negligence system, which allowed recovery regardless of the plaintiff's share of fault. Medical malpractice claims are exempted from this change and remain under pure comparative negligence.

Key Florida Cases

Owens v. Publix Supermarkets (Fla. 2001)

The Florida Supreme Court addressed the knowledge requirement for slip-and-fall cases, holding that a plaintiff must prove the store either had actual knowledge of the dangerous condition or that the condition existed long enough that it should have been discovered through reasonable inspection. The court emphasized that the mere existence of a substance on the floor, without evidence of how long it had been there, is insufficient.

Kenz v. Miami-Dade County (Fla. App. 2013)

The Third District Court of Appeal addressed the application of Florida's evolving slip-and-fall statutes. Carrie Kenz slipped on liquid and fell at Miami International Airport in 2008. The court addressed whether the newer statute, § 768.0755 (which requires the plaintiff to prove the business had actual or constructive knowledge of the dangerous condition), applied retroactively to her claim. The court held that the retroactive application was constitutionally permissible and affirmed summary judgment for the county, finding that Kenz failed to demonstrate the county negligently failed to exercise reasonable care in maintaining the premises.

Post-2023: The HB 837 Framework

Since the 2023 tort reform, Florida courts are applying the new modified comparative negligence standard and the safe harbor provisions for residential properties. Litigation is ongoing regarding the boundaries of these new defenses, and the case law is still developing. Consult a Florida attorney for the latest developments.

What Property Owners Must Do

Florida property owners must maintain their premises in a reasonably safe condition for the types of visitors they receive.

General Obligations

• Inspect regularly. Property owners must conduct reasonable inspections to discover hazardous conditions — they cannot wait for someone to be injured.
• Repair or warn. Known hazards must be repaired promptly. If immediate repair is not possible, adequate warnings (signs, barriers, cones) must be placed.
• Maintain records. Inspection logs, maintenance records, and incident reports are critical evidence in premises liability litigation. Properties that cannot produce inspection records face an inference that inspections were not conducted.
• Train staff. Employees must know how to identify, report, and address hazardous conditions.

Specific Property Types

Retail stores and grocery stores: Regular aisle inspections (every 15-30 minutes is common industry practice), wet floor signs, spill response protocols.

Hotels and resorts: Pool area safety (compliance with Florida Building Code), adequate lighting in parking areas and hallways, elevator maintenance, balcony railing integrity.

Apartment complexes: Common area maintenance, stairway and walkway conditions, adequate lighting, swimming pool fencing (per Florida law), and security measures (see our Florida negligent security guide).

Theme parks and entertainment venues: Ride maintenance and inspection, crowd management, adequate staffing for supervision, emergency response protocols.

The HB 837 Safe Harbor for Residential Properties

Florida Statutes § 768.0705 created a rebuttable presumption of reasonable care for multifamily residential property owners who maintain specified security measures (cameras, lighting, deadbolts, window locks, gated access). This does not eliminate liability but shifts the burden to the plaintiff to prove the security was inadequate despite technical compliance.

Available Damages

Successful Florida premises liability claims may recover:

• Medical expenses — past and future, including emergency care, surgery, physical therapy, and long-term treatment
• Lost wages and earning capacity — past and future income
• Pain and suffering — physical pain caused by the injury
• Emotional distress — anxiety, depression, PTSD
• Disability and disfigurement — permanent physical limitations
• Loss of consortium — spouse's claim for loss of companionship
• Wrongful death damages — if the injury was fatal, under Florida Statutes § 768.19 (see our Florida wrongful death guide)
• Punitive damages — for intentionally reckless or grossly negligent conduct, requiring clear and convincing evidence

Florida does not impose statutory caps on compensatory damages in most premises liability cases. Punitive damages are generally capped at three times compensatory damages or $500,000, whichever is greater.

Practical Next Steps

If you were injured on someone else's property in Florida:

Act within two years. The shortened statute of limitations leaves no room for delay.

Document the hazard. Photograph the condition that caused your injury — the spill, broken step, uneven surface, dark area — before it is cleaned up or repaired.

Report the incident. Notify the property owner or manager and ask for a written incident report. Get a copy.

Get witness information. Other people who saw the hazard or witnessed your fall are important — get their contact information at the scene.

Seek medical treatment immediately. Gaps in medical treatment weaken your damages claim. Even if you think your injury is minor, get evaluated.

Preserve your clothing and shoes. In slip-and-fall cases, the defense will examine your footwear. Do not discard the shoes you were wearing.

Do not give recorded statements to the property's insurance company without consulting an attorney.

Consult a Florida premises liability attorney. The 2023 tort reform changes make legal counsel particularly important — the new comparative fault rules, safe harbor defenses, and shortened deadlines all affect your claim.

Related Florida Guides

• Florida Negligent Security Law — when the hazard is inadequate security leading to a criminal act
• Florida Wrongful Death Law — when a premises liability incident results in death

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Last updated: May 27, 2026. Florida law changed significantly with HB 837 in 2023. Consult a Florida attorney for advice specific to your situation.