Injured on Someone Else's Property in Tampa? We Can Help!
Unfortunately, some Tampa apartment and condominium complexes, commercial properties, or other developments with common areas do not invest the necessary resources to properly maintain the premises.
These landlords or property owners often value profit over the well-being of tenants, guests, or customers. Frequently, light fixtures go unrepaired, security guards are not present as required, and as a result, these areas can become hotspots for criminal activity or serious injuries, often necessitating the need for a premises liability attorney in Tampa for legal support.
If you’ve suffered an injury due to unsafe conditions, our experienced Tampa premises liability attorney can help you fight for the compensation you deserve. Call (813) 491-8272 now or contact us online for a free consultation!
Common Types of Premises Liability Cases We Handle
Premises liability claims encompass a wide range of accidents and injuries that occur on someone else’s property. Some of the most common types of cases include:
Negligent Maintenance – Unsafe conditions caused by poorly maintained property, such as broken stairwells, uneven walkways, hidden electrical or plumbing hazards, and other risks that result from neglect.
Negligent Supervision – Inadequate monitoring at places like pools, skating areas, or bounce houses, often due to untrained or inexperienced staff, leading to preventable injuries to children and others.
Slip and Fall Accidents – Injuries caused by dangerous property conditions, such as wet floors, debris, dangerous stairs & ramps, dangerous sidewalks, or concealed hazards, where the property owner failed to maintain safe conditions or provide proper warnings.
Inadequate Security – Assaults, robberies, or other crimes that occur on poorly secured properties, such as apartments, hotels, or parking lots, where owners failed to provide proper lighting, locks, or security personnel.
Swimming Pool Accidents – Drownings, near-drownings, or other injuries caused by lack of fencing, improper signage, or failure to maintain safe pool conditions.
Dog Bites and Animal Attacks – Injuries that occur when property owners fail to restrain or control aggressive animals on their premises.
Toxic Exposure – Illnesses or injuries caused by exposure to hazardous substances like mold, asbestos, or chemical leaks due to unsafe property conditions.
Elevator and Escalator Accidents – Mechanical failures or poor maintenance leading to sudden drops, entrapments, or falls.
Fire and Building Code Violations – Injuries or deaths caused by unsafe buildings, lack of fire alarms, blocked exits, or noncompliance with safety codes.
Following an accident, some negligent property owners go to great lengths to avoid or deflect liability for their failure to maintain a safe property. However, most property owners are covered by liability insurance policies that specifically cover injuries caused by dangerous property conditions.
One of our experienced trial attorneys will take the time to meet with you and discuss your case as well as the potential remedies available. If you are seeking a premises liability lawyer in Tampa, our firm can guide you through these steps.
Premises liability claims in Tampa are governed by both Florida state statutes and city-level ordinances enacted by Hillsborough County and the City of Tampa. For example, businesses in Tampa must comply with Chapter 22 of the City's municipal code, which mandates regular maintenance and repair of sidewalks, parking lots, and public areas. Florida Statutes § 768.0755 applies statewide, setting forth requirements for proving liability in Slip & Fall cases within business establishments.
Local agencies such as Tampa’s Code Enforcement or Hillsborough County’s Risk Management Department may conduct investigations or issue citations that can serve as evidence in a civil claim. If you are injured in a government building or public park, Florida’s sovereign immunity law imposes special deadlines for notice and filing that are much shorter than those for private entities.
Premises liability law establishes that property owners must ensure their premises are free from unreasonable hazards. The level of responsibility depends on the legal status of the visitor:
Invitees are individuals who enter a property for the owner’s benefit, such as customers in a store. Property owners owe them the highest duty of care, which includes regular inspections and prompt removal of hazards.
Licensees include social guests who enter with permission but for their own purposes. Property owners must warn them of known dangers, but are not required to inspect for hazards.
Trespassers have no legal right to be on the property, and owners generally owe them no duty of care, except in cases involving children under the attractive nuisance doctrine.
A Tampa premises liability lawyer can analyze a case to determine how a visitor’s status impacts their right to compensation and whether the property owner breached their duty of care.
Key Elements We Must Prove to Win Your Case
In a premises liability case, the burden of proof is on the injured person to show that the property owner was negligent. To succeed in your claim, we must establish the following key elements:
Duty of Care: We must prove that the property owner had a legal duty to you. As mentioned above, this duty is determined by your status as a visitor (invitee, licensee, or trespasser).
Breach of Duty: We must provide evidence that the property owner breached that duty. This means they failed to maintain a reasonably safe premises, failed to inspect for hazards, or failed to warn you of a known danger.
Causation: We must show that the property owner's breach of duty was the direct cause of your injuries. This involves proving a clear link between the hazard on the property and the accident that caused your harm.
Damages: We must show that the accident caused you to suffer damages, such as medical bills, lost wages, or pain and suffering.
A crucial aspect of premises liability cases is proving that the property owner had "notice" of the dangerous condition. We must show that the owner either knew about the hazard or should have known about it through reasonable inspection. This is often a contested point, and a skilled premises liability lawyer in Tampa will work to gather evidence such as surveillance footage, incident reports, and witness statements to prove notice.
Evidence & Legal Strategies in Tampa Premises Liability Claims
Meeting the legal standards for liability in Florida requires thorough documentation and a clear understanding of the process. In Tampa and Hillsborough County courts, property owners often present evidence to show that hazards were not foreseeable or that they took all reasonable steps to eliminate potential risks. Florida is also a comparative fault state, meaning any percentage of fault assigned to the injured person can reduce their compensation award.
For this reason, gathering strong supporting documentation—such as maintenance records or eyewitness testimony—and retaining detailed documentation of your injuries and all accident-related costs is critical for success. A skilled premises liability attorney in Tampa can help you understand what documentation to secure and how to present it effectively on your behalf in the local courts.
Evidence such as surveillance footage, maintenance records, witness statements, and expert testimony can be crucial for proving negligence. A Tampa premises liability attorney will gather and present essential evidence to build a strong case and guide you through all legal steps required in the local court system.
Compensation Available in Tampa Premises Liability Cases
Victims of premises liability accidents may be entitled to recover damages for their losses. Compensation may include:
Medical Expenses – Coverage for hospital bills, surgeries, rehabilitation, and ongoing medical treatment.
Lost Wages – Compensation for lost income due to an inability to work during recovery.
Pain & Suffering – Damages for physical pain, emotional distress, and reduced quality of life.
Property Damage – Reimbursement for personal property damaged in the accident.
Punitive Damages – In cases of gross negligence, the court may award punitive damages to deter similar misconduct in the future.
The Legal Process for a Premises Liability Claim in Florida
The legal process for a premises liability claim can be complex and intimidating, but our firm will guide you through every step of the way. We will handle all aspects of your case so you can focus on your recovery.
Initial Consultation: We will meet with you for a free consultation to discuss the details of your accident. We will evaluate the facts, assess the potential for a claim, and explain your legal options.
Investigation: Our firm will conduct a thorough investigation, gathering all necessary evidence, including photos or videos of the accident scene, medical records, witness statements, and any incident reports. We will also work to preserve evidence before the property owner has a chance to fix the hazard.
Negotiation with the Insurance Company: We will negotiate with the property owner's insurance company to seek a fair settlement. The insurance company will likely use tactics to minimize your claim, but we are experienced negotiators who will fight for the compensation you deserve.
Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, we will file a formal lawsuit on your behalf.
Discovery: Both parties will exchange information and evidence. This may include depositions, written questions, and requests for documents.
Mediation: In many cases, the court will require mediation to see if a settlement can be reached with the help of a neutral third party.
Trial: If a settlement cannot be reached, we are prepared to take your case to trial and present a compelling case to a jury.
Our firm will be with you at every stage, ensuring you are never alone.
How Burnett Law Helps Clients as a Premises Liability Attorney in Tampa
At Burnett Law, our commitment to clients in Tampa is rooted in our detailed understanding of premises liability. When property owners neglect their duty to maintain safe environments, we serve as advocates to help injured parties understand their rights and legal options. Our approach involves a thorough assessment of the accident scene, reviewing evidence such as photos, surveillance footage, and witness statements.
We recognize that every case is unique, which is why we dedicate significant resources to investigating and examining all circumstances involved. From exploring settlement opportunities to preparing for trial if needed, our team consistently prioritizes the best possible outcome for our clients. Our client-first approach ensures not only legal support but also compassionate guidance throughout the often complex legal process.
FAQs About Premises Liability in Tampa
What should I do after a fall on someone else’s property?
Seek medical care immediately, report the incident to the property owner, gather evidence such as photos and witness contacts, and avoid giving statements to insurers before speaking with an attorney. Acting quickly helps protect your health and your legal claim.
Who can be held liable for a premises liability accident in Tampa?
Liability often falls on the property owner, but landlords, managers, or maintenance companies may also be responsible if their negligence created unsafe conditions. The key is determining who had control of the property and failed to maintain safety.
Is there a time limit to file a premises liability claim in Florida?
Yes. Most claims must be filed within four years of the accident, though cases involving government property may have shorter deadlines. Missing the statute of limitations can prevent you from recovering compensation.
Can I recover compensation if I was partly at fault for my accident?
Yes. Florida follows a modified comparative negligence rule, meaning your compensation may be reduced by your percentage of fault, but you can still recover damages as long as you were not more than 50% responsible.
Your Time to Act is Now—Contact Our Lawyers in Tampa
It is important to be aware that there are specific deadlines that apply to your claim, and if you do not file your claim in time, it may be lost and forever barred. Timely action with a trusted premises liability attorney in Tampa is critical to protecting your rights and options.
Call our office at (813) 491-8272 or reach out online. All initial consultations are free, and you owe no attorney fees or costs unless there is a recovery in your premises liability case. Hablamos español.
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We’re committed to your success, no matter how complex your case. Contact Burnett Law, P.A. to put trial-tested experience and personal care on your side.
I love everything about the Burnett Law office and staff. They helped me out a lot with a truck accident and he we always responsive to my calls when he wasn't busy in court or on the phone with another client... he's the BEST Lawyer in the state of Florida. I'll recommend him to anyone, he's awesome. Thanks again Josh Burnett!
