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Property owners in Florida are expected to keep apartments, hotels, stores, pools, and parking areas reasonably safe, and when they cut corners, visitors and tenants are the ones who get hurt. Frankl Kominsky Injury Lawyers represents people injured by dangerous conditions and inadequate security on property across the state. There is no charge to consult our Florida premises liability attorneys; the firm is available 24/7, and any fee comes out of compensation we win, never out of your pocket.
Sorting out whether the owner, a management company, or a security contractor is responsible can take months of digging through leases and service agreements. Call 561-800-8000, and our team will start identifying every party who may owe you compensation.
Which Property Injury Claims Do We Handle Across Florida?
We handle claims for injuries caused by unsafe conditions on property that someone else owns, manages, or controls. The type of hazard decides which Florida rules apply and who may share responsibility.
| Type of claim | Who may be responsible | Florida rule that often shapes the case |
|---|---|---|
| Falls caused by spills in a business | The store, restaurant, or other business owner | Proof of actual or constructive knowledge under section 768.0755 |
| Assaults at apartments and condominiums | The owner or operator of the multifamily property | Security standards and a possible presumption against liability under section 768.0706 |
| Broken stairs, railings, and lighting at rentals | The landlord or property manager | Landlord maintenance duties under section 83.51 |
| Pool and water injuries | Hotels, community associations, and residential owners | Ordinary negligence and the duty owed to the visitor |
| Falling merchandise, doors, and fixtures | Retailers, property owners, and maintenance contractors | Ordinary negligence and proof of how the hazard arose |
| Injuries on public property | Cities, counties, and state agencies | Written notice rules and damage caps under section 768.28 |
Each type of case calls for different evidence, from inspection logs to security contracts. Identifying the right claim at the start keeps the investigation focused on the proof that matters.
Why Property Owners and Insurers Resist These Claims
Property owners and their insurers resist premises claims because the outcome often depends on what the owner knew, and the owner controls most of that information. An injured person without a lawyer usually has no way to reach the records, contracts, and video that answer that question.
The "Open and Obvious" Defense
Insurers frequently argue that a hazard was so obvious the visitor should have avoided it. That argument can be answered with evidence about lighting, layout, crowds, and whether the owner should have fixed the problem rather than relying on visitors to see it.
Contracts That Shift Responsibility
Many properties are owned by one company, managed by another, and maintained by outside contractors. Leases and service contracts can shift responsibility between them, and each may point at the others unless someone reads the agreements closely.
Records That Stay Inside the Company
Maintenance requests, prior complaints, and inspection reports often show that a dangerous condition was known before anyone was hurt. Our firm requests these records early and, when necessary, obtains them through the court process.
How Does Florida's Negligent Security Law Affect Apartment Crime Victims?
Florida's negligent security law gives owners of apartment and condominium properties with five or more units a presumption against liability for third-party crimes if they substantially implement specific security measures. Under section 768.0706, the owner bears the burden of proving it met those standards.
Measures the statute lists include:
- Security cameras at entry and exit points, with footage kept for at least 30 days
- Lighting in parking lots, walkways, laundry rooms, and common areas from dusk to dawn
- Deadbolts, window locks, and peepholes or door viewers on units
- Locked gates with key or fob access around pool areas
- A crime prevention through environmental design assessment that is no more than three years old
- Crime deterrence and safety training for employees
Because the owner must prove it substantially complied, the questions in these cases often focus on maintenance records, camera logs, and training files. We request those records quickly, since camera footage only has to be kept for 30 days.
Who Owes You What? Visitor Status Under Florida Law
Florida law generally sets the duty a property owner owes based on why you were on the property, and insurers often try to place visitors in the category with the weakest protections. Knowing your status helps answer that argument.
Invitees
Customers in a store, guests at a hotel, and tenants in common areas are usually invitees. For these visitors, an owner must keep the premises in reasonably safe condition and give warning about concealed hazards the owner knew of or would have found with reasonable inspection.
Invited Guests and Uninvited Licensees
Florida courts treat invited social guests much like invitees, so a host generally owes them reasonable care as well. People who enter for their own purposes without an invitation are owed less, mainly protection from willful or wanton harm and a warning about known dangers they could not see.
Trespassers
Florida's trespasser statute limits what owners owe to people who enter without permission, generally requiring them to avoid gross negligence and intentional harm. Special rules can apply to children and to trespassers whose presence the owner knew about.
Injuries on Public Property
Injuries at a public building, park, or sidewalk can lead to a claim against a city, county, or state agency, but those claims follow Florida's sovereign immunity law. Missing a step in that process can end a claim that would otherwise be strong.
Written Notice and Caps
Before any lawsuit, the claim has to be delivered in writing to the responsible agency, usually within three years, with a copy to the Florida Department of Financial Services unless the agency is a city or county. Payments from public bodies are generally limited to $200,000 for one person and $300,000 for a single incident.
Private Parties Who May Share Responsibility
Many public properties are maintained by private contractors, and some injuries involve a business operating on public land. We look for those parties because their liability is not limited by the government caps.
Premises Liability Lawyers Across Florida Communities
From Palm Bay in Brevard County to our Pompano Beach office in Broward, our four locations put a Frankl Kominsky lawyer within reach of most of South and Central Florida's coast, and remote meetings cover the rest of the state. Each community below has its own page covering local property types, agencies, and courts.
| Region | Communities |
|---|---|
| Our office communities | Boynton Beach, Pompano Beach, Port St. Lucie, Palm Bay |
| Palm Beach County | West Palm Beach, Boca Raton, Delray Beach, Jupiter, Lake Worth |
| Broward County | Fort Lauderdale, Coral Springs, Deerfield Beach, Davie |
| Miami-Dade County | Miami, Miami Gardens, North Miami |
| Treasure Coast, Southwest, and Central Florida | Jensen Beach, Naples, Ocala, Gainesville |
Local rules, agencies, and juries differ from county to county, and we factor those differences into every property claim we take.
How Fault and Time Limits Affect a Premises Claim
Blame matters in a property case because section 768.81(6) cuts an award by the visitor's share of fault and leaves nothing once the visitor is found mostly to blame. Owners often claim the visitor ignored a warning, wore the wrong shoes, or went somewhere off limits.
A Stairwell Example
Consider a tenant who falls on a broken apartment stair, with damages valued at $220,000. If the jury decides the tenant was 15% responsible for using the stairs in the dark, the recovery becomes $187,000.
When to File
People hurt on or after March 24, 2023, usually get two years to sue under section 95.11(5)(a), the same statute of limitations that governs most Florida injury claims. Claims against public entities follow the separate notice process described above.
How We Have Helped Clients Recover
Some of our clients faced years of recovery after their injuries, and they needed a firm that would not settle for a quick, low offer. Here are a few of the results we secured for them:
- $4,150,000 for a severe leg fracture, spinal injury, and foot injury
- $662,500 for head, cervical, and chest injuries
- $235,000 for cervical and lumbar injuries
- $135,000 for a shoulder fracture
Every recovery listed came from a separate case with its own facts and coverage, so these numbers do not set expectations for anyone else's claim.
Why Floridians Hurt on Unsafe Property Choose Frankl Kominsky
Floridians hurt on unsafe property choose Frankl Kominsky Injury Lawyers because we hold owners to the standards the law sets for them. If you were injured on someone else's property, our team handles the investigation, the insurer, and the deadlines while you focus on recovery.
Our clients rely on:
- A lawyer who leads the case personally and answers your questions
- Over $250 million recovered for injured clients
- 60+ years of combined injury law experience
- An A+ rating from the Better Business Bureau
- Honors from Super Lawyers and National Trial Lawyers Top 40 Under 40
- Coverage from CBS, NBC, and the Miami Herald
- Staff fluent in Spanish and Creole
Your first conversation with us costs nothing. Call 561-800-8000 to talk through what happened.
Florida Premises Injury Questions
Can a homeowners association be responsible for an injury in a common area?
Yes, a Florida homeowners or condominium association that controls a pool, clubhouse, walkway, or other common area may be responsible for injuries caused by conditions it failed to maintain. The association's governing documents and insurance policy often help determine who must pay.
Does a homeowner's insurance policy cover a guest who gets hurt?
Many Florida homeowners policies include liability coverage that may pay for a guest's injuries caused by the owner's negligence. Coverage depends on the policy terms, and a claim against that coverage is usually handled by the insurer rather than the homeowner directly.
What if a contractor working on the property created the hazard?
A contractor who leaves cords, debris, or open trenches in a walkway can be responsible for injuries in Florida, sometimes alongside the property owner. Work orders and contracts help show who controlled the area when the injury happened.
Can I bring a claim for an injury at a concert, stadium, or event venue?
People injured by crowd surges, broken seating, or poor lighting at Florida venues may have claims against the venue owner, the event operator, or a security contractor. Ticket terms may contain notice provisions, so the paperwork from the event should be kept.
What if I was hurt at a hotel pool while traveling in Florida?
A guest injured at a Florida hotel pool can bring a claim in Florida even after returning home, and the claim is usually directed to the hotel's liability insurer. Pool depth markings, lifeguard or warning signage, and maintenance logs are often central to these cases.
Accountability Starts With the Facts
Property owners and their insurers are counting on the details of your injury fading before anyone writes them down. The sooner the facts are gathered, the harder they are to dispute.
Frankl Kominsky Injury Lawyers is ready to start gathering them for you. When you are ready to talk it through, 561-800-8000 connects you with a Florida premises liability attorney for a free review, day or night.
