When most people think of personal injury claims, car accidents and slip-and-fall incidents come to mind. While these are the most common injury claims, Florida law allows for a wide range of situations that often go unrecognized. Many Floridians may not realize they’re entitled to compensation for harm they suffered due to someone else’s negligence, even in less obvious situations.
Here are seven surprising circumstances that could form the basis of a personal injury claim in Florida:
- Negligent Security at a Business or Apartment Complex: Property owners have a legal duty to keep their premises reasonably safe, not just from physical hazards like broken stairs, but also from criminal acts that could have been prevented. If you were assaulted at a business or apartment complex with lax or nonexistent security, you may have grounds for a personal injury claim under negligent security. These cases often arise at hotels, parking lots, or nightclubs and may involve a lack of cameras, broken locks, or poor lighting.
- Dog Bites (Even if the Dog Has No History of Aggression): In Florida, dog owners are strictly liable for injuries caused by their pets, even if the dog has never shown signs of aggression. If you were bitten or knocked over by a dog—even on the owner’s private property—you may be entitled to damages for medical costs, lost wages, and emotional distress. Florida doesn’t require proof that the dog was previously dangerous, making this a powerful legal avenue for victims.
- Injuries from Defective Sidewalks or Public Walkways: Trip-and-fall accidents on city sidewalks or in public parks can be more than clumsy missteps—they may be the result of negligent maintenance. While suing a government agency involves extra legal steps and strict deadlines (such as notice requirements under Florida Statutes § 768.28), it’s still possible to pursue compensation for injuries caused by unsafe public walkways, broken pavement, or poor lighting.
- Accidents at Theme Parks or Tourist Attractions: Florida’s amusement parks attract millions of visitors annually, but they’re not immune to accidents. Whether it’s a malfunctioning ride or an injury on a poorly maintained attraction, theme park operators can be held liable for negligence. Florida law holds these businesses to high safety standards, especially given their responsibility to protect guests from preventable harm.
- Boating and Jet Ski Accidents: With Florida’s abundant waterways, recreational boating accidents are all too common. You may have a personal injury claim if you’re injured due to a negligent boat operator—whether it’s a private boat, a rented jet ski, or a chartered excursion. These cases can involve intoxication, reckless operation, failure to provide life jackets, or ignoring safety regulations.
- Exposure to Toxic Substances in Rental Properties: Tenants have a right to live in a safe and habitable environment. If you’ve developed health issues due to mold, asbestos, or chemical exposure in a rental home or apartment, you may have a case against your landlord or property manager. Florida’s landlord-tenant laws and building codes place the responsibility of maintenance and disclosure on the property owner.
- Injuries Caused by Aggressive Driving or Road Rage: Not all vehicle-related injury claims stem from accidents. If you were hurt because another driver acted aggressively—tailgating, brake-checking, or even intentionally causing harm—this could constitute a personal injury claim. Road rage incidents can also result in criminal charges, but victims may seek compensation through a civil lawsuit as well.
Personal injury law in Florida is broader than most people realize. If you’ve suffered harm due to someone else’s negligence—even in situations that seem minor or unusual—it’s worth speaking to an attorney to explore your rights.
With offices in Sarasota, Brandon (Tampa), and Orlando, Probinsky & Cole can help you wherever you are in Florida.