Businesses that provide access to the public owe a legal duty to keep customers “reasonably safe from harm”. This duty is the basis of many personal injury claims – especially in cases involving slips and falls, negligent security, or other premises-related incidents. When businesses fail to uphold this duty, they may be held liable for any injuries their negligence causes.
The Duty of Care in Florida Premises Liability Law
Under Florida premises liability law, businesses have a legal obligation to maintain their property in a reasonably safe condition. This duty extends to all customers and invitees — individuals who are lawfully on the premises for business purposes, such as shoppers, clients, diners, or patients.
This duty includes several responsibilities:
Regular Inspection: Businesses must regularly inspect their premises to identify potential hazards, such as wet floors, uneven pavement, poor lighting, or broken handrails.
Timely Repairs: When a dangerous condition is discovered, the business must take prompt steps to repair or remove the hazard.
Adequate Warning: If immediate repairs are not possible, the business must provide clear warnings — for example, placing “wet floor” signs or cordoning off dangerous areas.
Security Measures: Businesses may also be responsible for providing reasonable security to protect customers from foreseeable criminal acts, especially in high-risk areas like parking lots, apartment complexes, or nightclubs.
When Is a Business Liable?
A business can be held liable for a customer’s injury if the injured party can prove the following elements:
A Dangerous Condition Existed: There was a hazardous condition on the premises that posed a risk to customers.
The Business Knew or Should Have Known: The business either had actual knowledge of the danger or constructive knowledge — meaning the condition existed long enough that the business should have discovered it through reasonable care.
Failure to Take Reasonable Action: The business failed to correct the hazard or adequately warn customers.
Injury Resulted: The customer suffered injury as a direct result of the business’s negligence.
Examples of Business Negligence
Common scenarios where businesses may be found negligent include:
Slip and Falls: A customer slips on a freshly mopped floor without a warning sign or on a spilled drink that was not cleaned up in a timely manner.
Negligent Security: A patron is assaulted in a poorly lit parking lot where prior crimes had occurred, and the business failed to implement adequate security measures.
Falling Objects: Merchandise falls from high shelves and injures a customer.
Unsafe Equipment: A gym fails to maintain exercise equipment, and a malfunction leads to injury.
When Is a Business in Breach of Duty?
A business is considered to be in breach of its duty of care when it fails to act as a reasonably prudent business would under similar circumstances. Breach can occur through action (e.g., creating a hazard) or inaction (e.g., ignoring a known issue).
Importantly, Florida follows a comparative negligence rule. This means that even if the injured person is partially at fault (e.g., ignoring warning signs), they may still recover damages — though their compensation may be reduced by their percentage of fault.
Protecting Your Rights After an Injury
Businesses are responsible for more than just profit — they’re responsible for the safety of the customers who trust them. When that trust is broken through negligence, Florida law provides a path to justice. If you’ve been injured on someone else’s property in Florida, it’s crucial to contact a qualified personal injury attorney who can help you determine whether the business breached its duty and if you have a viable claim for compensation.
Probinsky & Cole is a Florida personal injury law firm with offices in Sarasota, Brandon and Orlando. Call today for more information and to discuss your situation.
