Injured on someone else’s property? Whether it’s a slip and fall, a dangerous condition on a commercial property, or a homeowner’s negligence — The Penalta Law Firm has been handling premises liability cases across Florida for over 30 years.
Florida Premises Liability Law Attorney — Holding Property Owners Accountable for Unsafe Conditions
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When Property Owners Don’t Maintain a Safe Environment, People Get Hurt
A wet floor with no warning sign. A broken staircase on a commercial property. A swimming pool left unfenced in a neighborhood full of children. An aggressive dog on an owner’s property. These aren’t freak accidents — they’re the result of property owners who failed to meet their legal duty of care.
Premises liability law holds property owners or occupiers responsible when unsafe property conditions cause harm to anyone injured on someone else’s property — whether that’s a customer at a store, a guest at a party, or a visitor on a commercial property. When someone suffers an injury on another party’s property, the owner’s duty of care is at the center of the legal analysis. In Florida, that duty of care extends to businesses, landlords, homeowners, and any party that controls a property — and the law is specific about what they owe and to whom.
You were injured on someone else’s property and the owner claims it’s not their fault
A slip and fall accident in a store, restaurant, or commercial property caused serious injury
A hazardous condition on a property — wet floors, broken surfaces, poor lighting, or dangerous obstacles — caused your injury
A property owner failed to warn you about a known hazard
You were injured at a property without permission and need to understand your rights
An attractive nuisance — a pool, trampoline, or construction equipment — injured your child
Premises Liability Law and Personal Injury Attorney Services — Holding Property Owners Accountable
Alexander Penalta, Esq. has handled premises liability cases, personal injury claims, and property liability disputes across Florida for over three decades. He understands the concept of negligence as it applies to property, the different duties owed to invitees, licensees, and trespassers, and what it takes to prove a premises liability case from investigation to verdict.
The firm handles all types of premises liability claims — including slip and fall accidents, commercial property injury cases, homeowner negligence claims, and injury claims involving strict liability and attractive nuisance doctrine. We hold property owners or occupiers responsible for the harm they cause — and we know how to fight insurance companies that try to deny or minimize your injury claims.
Types of Premises Liability and Florida Property Law
Common Types of Premises Liability: What Property Owners Owe You
Florida premises liability law distinguishes between different types of visitors and assigns different duties of care accordingly:
Invitees — customers, guests, and anyone invited onto a property for business or public purposes — are owed the highest duty of care. Property owners owe the highest duty to invitees: they must inspect the property, identify hazardous conditions, and either repair them or provide adequate warning. Owners owe the highest duty of care to this class, and failing to meet it is the basis for most commercial property liability claims.
Licensees — social guests and others permitted on the property — are owed a duty to warn of known hazards that the licensee is unlikely to discover.
Trespassers — someone on property without permission — are generally owed only a duty to avoid willful or wanton harm, with some exceptions, notably the attractive nuisance doctrine for child trespassers.
Slip and Fall Accidents, Personal Injury Claims, and Premises Liability Claim Basics
Slip and fall injuries are among the most common premises liability claims in Florida. They occur in grocery stores, restaurants, hotels, parking lots, and commercial properties of all kinds — often caused by wet floors, uneven surfaces, poor lighting, or debris. Slip-and-fall claims require proving that the property owner knew or should have known about the hazardous condition and failed to correct it.
Property owner’s negligence in maintaining a reasonably safe environment is not always obvious — and insurance companies know how to make it look that way. Liability is based on what the owner knew or should have known about the hazard — and injuries caused by unsafe property conditions that were foreseeable are exactly what premises liability law was designed to address. We investigate thoroughly, gather evidence, and build cases that hold property owners accountable.
Duty of Care and How to Prove a Premises Liability Case: What Property Owners Must Show
To prove a premises liability case in Florida, the injured party must establish that the property owner had a duty of care, that the owner failed to maintain a safe environment or warn of a hazardous condition, and that this failure directly caused the injury and resulting damages — including medical bills, lost wages, and pain and suffering.
When anyone suffers an injury on a property due to the owner’s failure to maintain safe conditions, the law recognizes both the injury to others and the owner’s role in allowing it to happen. Florida follows a comparative negligence standard, meaning your compensation may be reduced if you are found partly responsible for the accident. Insurance companies use comparative negligence aggressively to reduce or deny claims. An experienced personal injury attorney knows how to counter that strategy.
Commercial Property, Insurance Coverage, Liability Coverage, and Liability Protection Disputes
Commercial property owners and business owners have specific obligations under Florida premises liability law. A commercial general liability policy does not eliminate a property owner’s legal exposure — and disputes frequently arise when the insurer denies a claim or disputes coverage. We handle both the personal injury side of these cases and the insurance coverage disputes that often accompany them.
Insurance policies — including general liability policies and commercial general liability coverage — are how most property owners manage their risk. Liability insurance are essential tools for property owners, and property insurance protects against physical losses while liability coverage addresses injury to others. General liability policies, liability coverage disputes, and commercial general liability matters are all part of how these cases resolve. We work across the full picture — from filing a premises liability claim through litigation if necessary.
File a Premises Liability Lawsuit: Liability Lawsuits, Liability Claims, and the Insurer
Most premises liability claims involve incidents that occur on the property of the defendant — a store, a home, a commercial building, or public land. Many of these claims are resolved through the property owner’s property and liability insurance. But insurers frequently dispute liability, claim the injured on someone’s property was partly at fault, or argue that the hazard was open and obvious. Liability protection for property owners exists precisely because these disputes are common — but that same protection is what stands between you and fair compensation.
We handle the litigation when insurers won’t pay fairly. That includes premises liability lawsuit filings, discovery, expert witnesses, and trial.
Attractive Nuisance and Child Injury Cases
Florida’s attractive nuisance doctrine holds property owners or occupiers responsible for injuries to child trespassers when the property contains a condition likely to attract children — such as a swimming pool, trampoline, abandoned vehicle, or construction equipment. Even if the child was on the property without permission, property owners must take reasonable steps to prevent harm when they know or should know children are likely to encounter the hazard.
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How it Works
Call or Contact Us 24/7
Premises liability cases are time-sensitive. Evidence disappears, surveillance footage gets overwritten, and witnesses forget details. The sooner you contact us, the stronger your case. Call (386) 847-5335 or contact us online immediately.
Meet with a Premises Liability Attorney
You’ll sit down with a personal injury attorney who actually handles premises liability law — not a general practitioner. We evaluate your case, explain your options, and tell you what it’s worth.
We Fight for Fair Compensation
Whether we’re negotiating with an insurer, filing a premises liability lawsuit, or heading to trial, we handle the full case. You focus on recovering. We seek compensation for your medical bills, lost wages, and everything else the law entitles you to.
Got questions?
Well, we’ve got answers
Premises liability is the area of personal injury law that holds property owners or occupiers responsible when unsafe property conditions cause injury to someone on their property. It covers a wide range of situations — from slip and fall accidents in commercial properties to injuries caused by security failures, dangerous animals, or structural defects. Premises liability law in Florida establishes specific duties based on the type of visitor: invitee, licensee, or trespasser.
To prove a premises liability case in Florida, you generally need to show that: (1) the property owner owed you a duty of care; (2) the owner failed to maintain a safe environment or warn of a known hazard; (3) that failure caused your injury; and (4) you suffered damages as a result. The type of visitor you were — invitee, licensee, or trespasser — affects the duty owed.
The duty of care varies by visitor type. Property owners owe the highest duty to invitees — meaning they must actively inspect for hazards and fix or warn about them. For licensees, they must warn of known hazards. For trespassers, they must avoid willful or wanton harm. The attractive nuisance doctrine creates an exception for child trespassers near hazardous features.
Yes. Florida uses a comparative negligence standard, meaning the injured party’s compensation is reduced by their percentage of fault — but you are not barred from recovery unless you are found more than 50% at fault. Insurance companies use comparative negligence to reduce settlements. An experienced attorney knows how to fight back against inflated fault assignments.
A denial is not the end. We handle both the premises liability litigation and the insurance coverage dispute side of these cases. If the property owner’s liability protection — through their homeowner’s or commercial general liability policy — is being used to deny your claim, we can challenge that denial and, if necessary, file a lawsuit.
Florida’s statute of limitations for personal injury claims, including premises liability, is generally two years from the date of injury. However, evidence preservation is critical from day one — don’t wait. Contact us as soon as possible after the accident.
Yes. We handle premises liability claims against business owners, commercial property operators, landlords, and any other party that controls a property where someone was injured. Commercial property cases often involve more complex insurance coverage disputes and liability management issues — we handle all of it.
You were injured on someone else’s property. The law says they owe you.
Florida premises liability law exists to hold property owners accountable when their negligence causes harm. If you were injured on someone else’s property — whether it’s a slip and fall, a dangerous condition, or an owner who failed to maintain a safe environment — you have legal rights. The Penalta Law Firm has been handling premises liability cases, personal injury claims, and property liability disputes across Florida for over 30 years. We know how to prove a case. We know how to fight insurers. And we know how to win.