Personal Injury Lawyer in Wekiwa Springs, Florida
Getting hurt on someone else’s property is rarely “just an accident.” In Florida, property owners—from hotel operators on International Drive to landlords of apartment complexes in Orange County—have a legal obligation to take reasonable care to keep people safe from foreseeable harm. That can mean fixing a defective stair, correcting hazardous lighting, repairing a broken handrail, addressing a known property hazard, or providing adequate security in a high-crime parking lot.
What Is Premises Liability in Florida?
Premises liability is the legal concept that holds a property owner, business owner, or other liable parties responsible when someone is injured because the property was unsafe, dangerous, or defective—and the owner failed to inspect, maintain, warn, or remedy the problem.
A premises liability case can involve a simple slip and fall, but it can also involve far more serious incidents like dog bites, swimming pool drownings, elevator accidents, or negligent security claims after an assault or battery. Many of these injuries are preventable, and the law allows an injured plaintiff to pursue a premises liability claim for damages such as medical expenses, lost wages, and pain and suffering.
The Duty of Care
At the center of every premises liability lawsuit is duty of care—the responsibility to keep a property reasonably safe. That duty typically includes the obligation to:
- Inspect for hazards (including hidden or latent dangers)
- Maintain safe conditions
- Repair or correct unsafe conditions
- Warn visitors when a danger can’t be fixed immediately (e.g., clear warning signs)
- Secure the property when criminal acts are foreseeable (negligent security)
Whether a hazard is “open and obvious” and whether the danger was foreseeable can matter—but property owners are not automatically off the hook just because something could have been seen. These cases can be complex, especially when an insurance company tries to shift blame to the injured person.
Invitee vs. Licensee vs. Trespasser
In Florida, the level of care you are owed depends on why you were on the property:
- Invitee (customers, guests, patrons): owed the highest duty of care. Businesses must take reasonable steps to discover hazards and make the premises safe.
- Licensee (social guests): typically owed warnings of known dangers and protection from willful or wanton harm.
- Trespasser: generally owed little duty—except in important situations, including protections for children under the attractive nuisance doctrine.
If you’re not sure which category applies (for example, in a shared common area, at a short-term rental, or on a commercial property open to the public), we can evaluate it quickly during your free case evaluation.
Types of Premises Liability Cases We Handle
Premises liability is bigger than wet floors. Our Wekiwa Springs premises liability attorneys handle a wide range of premises liability issues, including:
Negligent Security (Assaults & Robberies)
If a business or apartment complex fails to take reasonable steps to prevent foreseeable crime, they may be held liable for negligent security. These cases often involve:
- Inadequate lighting in stairwells or parking lots
- Broken gates or access controls
- Lack of security guards or security patrols
- Repeated criminal acts with no meaningful safety response
- Nightclub violence, hotel assaults, parking-lot robberies, and other third-party attacks
Many victims assume it’s “only a police matter.” But if a property owner could foresee the risk and failed to secure the premises, you may have a civil claim for compensation.
Elevator and Escalator Injuries
Elevator and escalator injuries in hotels, malls, and convention centers can involve multiple defendants—property owners, maintenance vendors, and equipment companies. These cases frequently hinge on maintenance records, inspection logs, and whether a known defect was ignored or overlooked.
Swimming Pool Accidents
Wekiwa Springs and Central Florida have countless residential pools and resort pools. When safety measures are missing—or equipment is defective—pool incidents can cause catastrophic injuries or wrongful death. These cases can involve:
- Drownings and near-drownings
- Lack of safety fences or noncompliant barriers
- Drain entrapment and suction injuries
Florida’s pool safety rules and industry standards can be critical in proving property owner’s negligence.
Dog Bites and Animal Attacks
Florida is widely known for strict liability in many dog bite situations, meaning the owner can be responsible even if the dog had never bitten before. These cases often involve significant physical injuries, infection risk, scarring, and trauma—especially for children.
Focus on Negligent Security in Wekiwa Springs
Negligent security is one of the most important areas of Wekiwa Springs premises liability law right now—because the injuries are often severe, the trauma is lasting, and the insurance defenses are aggressive.
Foreseeability of Crime
To prove negligent security, we focus on foreseeability: whether the owner knew—or should have known—that criminal activity was likely.
That may involve evidence such as:
- Prior police calls, 911 activity, or “grid reports” for the property
- Prior similar incidents (robberies, assaults, break-ins)
- Broken gates, poor lighting, and nonfunctioning cameras
- Lax access control or failure to patrol known hot spots
- Whether the property had a history of problems management chose to ignore
We also move fast to investigate, document, and preserve evidence like surveillance footage (CCTV), incident reports, witness statements, and security vendor records—before they “disappear.”
Florida’s Safety Presumption for Multifamily Properties
Florida law now provides a presumption against liability for owners/operators of certain multifamily residential properties in negligent security cases if they substantially implement specific safety and security measures (and the criminal actor is not an employee/agent). This rule is codified at Fla. Stat. § 768.0706.
What does that mean for victims? Insurance carriers and defense attorneys may argue the case should be dismissed or devalued because the apartment complex checked the “right” boxes (such as cameras, lighting, access controls, resident security features, and related compliance steps).
Our job, as Wekiwa Springs personal injury lawyers, is to test that defense. If the “security measures” were incomplete, poorly maintained, not functioning, or didn’t match the real risks on the property, the presumption can be challenged. And even when defenses are raised, strong evidence, careful case framing, and aggressive litigation strategy can still create leverage for a fair settlement.
Where Do These Accidents Happen?
Premises incidents happen everywhere—but certain locations show up again and again in Wekiwa Springs and the surrounding area.
Hotels, Resorts, and Theme Parks
International Drive hotels, major resorts, convention areas, and short-term rentals (Airbnb/Vrbo) see heavy foot traffic—meaning hazards can be overlooked and security risks can be underestimated. These cases often involve maintenance failures, inadequate staffing, or missing safeguards in high-volume environments.
Apartment Complexes and Condos
Poorly lit stairwells, broken security gates, uneven walkways, unsafe common areas, and ignored resident complaints can all point to constructive notice (they should have known) or actual notice (they did know).
Nightclubs, Bars, and Restaurants
Common issues include slippery floors, overcrowding, inadequate security, parking-lot fights, and bouncers using excessive force—sometimes leading to serious injury claims involving assault and battery.
Compensation for Premises Liability Claims
A premises liability accident can leave you with more than medical bills—it can change your ability to work, care for your family, and live normally. Depending on the facts, a premises liability claim may seek:
Medical Bills & Future Care
Emergency treatment, surgery, rehab, prescriptions, follow-up care, and future medical needs.
Lost Wages & Earning Potential
Time missed from work and reduced ability to earn in the future.
Pain and Suffering
Physical pain, limitations, and emotional distress. In negligent security cases especially, psychological injuries like PTSD can be a major part of the claim.
Important Florida Laws Affecting Your Claim
The 2-Year Statute of Limitations
Florida’s tort reform shortened the time to file many negligence actions to two years (with important case-specific exceptions). If you wait too long, you may lose your right to recover anything—no matter how strong the evidence is.
Comparative Negligence (>50% Bar)
Florida now follows a modified comparative negligence rule in many cases: if you are found more than 50% at fault, you may recover $0. Defense attorneys use this aggressively—arguing you were distracted, impaired, ignored warnings, or shouldn’t have been there.
That’s why evidence matters. The sooner we can investigate and preserve proof, the harder it is for an insurance adjuster to twist the facts.
Contact Our Wekiwa Springs Premises Liability Attorneys Today
Kennon Law attorneys can see why your claim was denied and help you file an appeal. If the insurance company is acting in bad faith and denying a legitimate, well-documented claim, we may also be able to file a bad-faith insurance lawsuit on your behalf. Contact us today for more information.
Frequently Asked Questions
Yes—but these claims can involve layered insurance policies, property manager responsibility, and sometimes complicated questions about who owns, who leases, and who is responsible for maintenance and safety on the premises.
It’s a legal doctrine that can protect children who trespass because they’re drawn to something dangerous—like a pool, trampoline, or other enticing hazard. In those situations, a property owner may still have duties to prevent foreseeable harm to children.
Only if the attack was foreseeable and the property owner’s security was negligent—for example, repeated prior crimes, inadequate lighting, broken gates, or failure to implement reasonable safety measures for that location.
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Have questions or need legal assistance? Contact Kennon Law today for expert guidance on personal injury and insurance claims.
