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Property owners in Port St. Lucie are expected to keep their stores, apartment complexes, and parking lots reasonably safe, and an injury on someone else's property often means that duty was ignored. Frankl Kominsky Injury Lawyers represents people hurt on unsafe property throughout St. Lucie County from our Port St. Lucie office. If you need a Port St. Lucie premises liability attorney, consultations are free and available 24/7, and you pay no attorney fees unless we recover compensation for you.
Our local office means you can meet with a lawyer in person without leaving the Treasure Coast. Call 561-800-8000 to set up a free review of your injury.
What Does Premises Liability Mean Under Florida Law?
Premises liability is the area of Florida law that holds property owners and managers responsible when an unsafe condition on their property injures someone. The duty an owner owes depends largely on why you were on the property.
| Your status | Example | Duty the owner generally owes |
|---|---|---|
| Invited guest or customer | Shopping at a store, visiting a friend's home, renting an apartment | Keep the property reasonably safe and warn of hidden dangers the owner knows or should know about |
| Uninvited visitor | Someone on the property for their own purposes without permission to enter that area | Avoid willful harm and warn of known dangers that are not obvious |
| Trespasser | A person on the property without any right to be there | Limited duties set by statute, depending on whether the owner knew the person was present |
Florida's trespasser statute sets out the narrower duties owed to people who enter without permission. Most of our Port St. Lucie clients were customers, tenants, or guests, which carries the strongest protection. Insurers sometimes try to reclassify an injured person as an uninvited visitor to lower the duty owed, so the reason you were on the property matters from the start.
What Kinds of Property Injuries Happen in Port St. Lucie?
Premises injuries in Port St. Lucie tend to occur where growth, heavy foot traffic, and deferred maintenance meet. Shopping centers along US-1, St. Lucie West, and Tradition, along with the city's apartment and condominium communities, are among the places these injuries happen.
Our firm handles cases involving:
- Wet floors, spills, and dropped merchandise in grocery and retail stores
- Potholes, broken curbs, and wheel stops in parking lots
- Broken stairs, missing handrails, and uneven walkways
- Poor lighting in parking areas, stairwells, and walkways
- Assaults linked to broken gates, locks, or cameras at apartment complexes
- Unsafe pool areas and missing pool barriers
- Falling objects from shelves or overhead displays
Each of these claims calls for different proof, so the investigation starts with the kind of hazard involved.
How Do Negligent Security Claims Work at Florida Apartments?
A negligent security claim holds a property owner responsible when inadequate security allowed a criminal act that injured someone lawfully on the property. Florida changed these claims in 2023, and the changes matter for tenants and guests at Port St. Lucie apartment communities.
A Presumption for Compliant Owners
Under section 768.0706, owners of multifamily properties with five or more units receive a presumption against liability if they substantially implement listed security measures. Those measures include:
- A security camera system at entry and exit points, with recordings kept for at least 30 days
- Lighting in parking lots, walkways, laundry rooms, and common areas from dusk to dawn
- Deadbolts on unit doors and locking devices on windows and sliding doors
- Locked gates with key or fob access around pool areas
- Peepholes or door viewers on unit doors
- A crime prevention assessment and safety training for employees
When an owner skipped these steps, the presumption does not apply, and that gap becomes the heart of the claim.
How Fault Gets Divided
In negligent security cases, section 768.0701 requires the jury to consider the fault of everyone who contributed to the injury, including the person who committed the crime. Strong evidence of the owner's security failures protects your share of the recovery.
What Evidence Builds a Port St. Lucie Premises Case?
Premises cases are won with proof that the owner knew or should have known about the danger and failed to fix it or warn people. That proof often sits in the owner's own files.
Video and Incident Reports
Store and apartment cameras often capture the hazard and how long it was there. Many systems overwrite footage within weeks, so we send preservation requests quickly.
Maintenance and Complaint Records
Inspection logs, repair requests, and prior complaints show whether the owner knew about a broken stair, a burned-out light, or a failed gate. Tenant emails and work orders often fill gaps in those records, and police call histories for the property may show earlier incidents that put the owner on notice.
Proof Specific to Falls in Businesses
For slips on spills and other temporary substances in a business, Florida's transitory substance law requires proof that the business knew or should have known about the hazard. Evidence that a spill sat for a long time, or that spills happened regularly in the same spot, may satisfy that rule.
Witnesses and Medical Records
Other customers, tenants, and employees often saw the hazard before anyone got hurt, and their accounts help prove how long it existed. Prompt medical records tie your injuries to the incident and close the door on claims that something else caused them.
What to Do After an Injury on Someone Else's Property
The hours after a premises injury shape the evidence available later, especially when the owner controls the cameras and records. These steps help protect a Port St. Lucie claim:
- Report the injury to the manager, landlord, or security office, and ask for a written incident report.
- Call the Port St. Lucie Police Department or the St. Lucie County Sheriff's Office if a crime, assault, or serious injury occurred.
- Photograph the hazard, the lighting, any broken locks or gates, and your injuries.
- Keep receipts, booking records, or your lease, which show why you were on the property.
- Get medical care promptly and follow your treatment plan.
- Avoid posting about the incident or your recovery on social media.
Once we are involved, we send written requests asking the owner to keep video, logs, and maintenance records.
What Damages Are Available in a Premises Liability Case?
Damages in a Port St. Lucie premises liability case may include your medical costs, lost income, and the physical and emotional effects of the injury. Serious falls and assaults often require surgery, therapy, and time away from work.
Economic Damages
Medical bills, future treatment, lost wages, and reduced earning ability make up the financial part of the claim. Under section 768.0427, juries often see the amounts actually paid for medical care, so complete billing records matter.
Non-Economic Damages
Pain, emotional distress, scarring, and loss of enjoyment of life are part of the claim as well. Survivors of assaults on poorly secured property often deal with anxiety and sleep problems that belong in the medical record.
How Long Do You Have to File a Premises Liability Claim?
Most premises liability claims in Florida must be filed within two years under section 95.11(5)(a), a rule that applies to injuries after March 24, 2023. Older injuries may fall under prior law, so confirm your deadline early.
Claims Involving Public Property
Injuries on property owned by the City of Port St. Lucie, St. Lucie County, or the state follow sovereign immunity rules. Written notice must go to the agency and the Florida Department of Financial Services within three years, and damages are generally capped at $200,000 per person and $300,000 per incident.
Where a Lawsuit Is Filed
St. Lucie County is part of Florida's 19th Judicial Circuit, and lawsuits seeking more than $50,000 are filed in circuit court in Fort Pierce, the county seat. Many cases resolve through negotiation or mediation before trial.
Recoveries for Fracture and Spine Injuries
Injuries from falls and unsafe property often involve fractures and spine damage. Published results from our firm for those kinds of injuries include:
- $794,000 for left ankle surgery and spine injuries
- $625,000 for a hand injury
- $167,500 for an ankle fracture
- $135,000 for a shoulder fracture
Each recovery reflects the evidence and injuries in that matter and does not predict a future result.
Why Treasure Coast Residents Trust Frankl Kominsky
Injured people across St. Lucie County choose Frankl Kominsky Injury Lawyers because we push back when property owners and their insurers deny responsibility. Our Port St. Lucie office on US-1 lets you sit down with your lawyer close to home, and phone or video meetings work just as well during recovery.
What clients count on from us:
- Your lawyer leads the case and stays reachable, rather than handing you off
- Over $250 million recovered for injured clients
- 60+ years of combined injury law experience
- Over 2,000 verified client reviews
- Super Lawyers and National Trial Lawyers Top 40 Under 40 recognition
We prepare each premises case as if it is headed to trial, because insurers treat trial-ready claims differently.
FAQs: Port St. Lucie Premises Liability Cases
Can I sue my landlord for an injury at my Port St. Lucie apartment?
Yes, a Port St. Lucie tenant may have a claim against a landlord or property manager for injuries caused by common-area hazards the landlord failed to repair, such as broken stairs, poor lighting, or unsafe walkways. Lease terms and who controlled the area affect who is responsible.
What if I was injured at a Port St. Lucie hotel or vacation rental?
Guests hurt at a hotel or short-term rental in Port St. Lucie are generally treated as invited guests under Florida law, so the owner or operator owes them reasonable care. Booking records and the rental's own photos often help show the condition of the property.
What if I was hurt at a friend's home in St. Lucie County?
An injury at a friend's or relative's home in St. Lucie County is usually paid through the homeowner's insurance policy rather than by the homeowner personally. Many people hesitate to make these claims, but homeowner's coverage exists for this situation.
Does it matter that a warning sign was posted?
A warning sign may reduce or defeat a premises claim in Florida if it clearly warned of the specific hazard that caused the injury. A sign that was hidden, vague, or placed far from the danger usually does not end the owner's responsibility.
How much does a premises liability lawyer cost in Port St. Lucie?
Frankl Kominsky Injury Lawyers handles premises liability cases on a contingency fee, so you pay no attorney fees unless we recover money for you. The fee percentage is set out in a written agreement that follows Florida Bar rules.
Hold Property Owners to the Standard They Owe You
Property owners and their insurers often move fast after an injury, cleaning up the hazard and preparing a version of events that puts the blame on you. Your recovery depends on getting the real evidence before it disappears.
Frankl Kominsky Injury Lawyers brings that evidence together from our office right here in Port St. Lucie. Call 561-800-8000 for a free consultation with a premises liability attorney, available 24/7.
