Injured on Someone Else’s Property? We’ve Been Fighting for Tampa Clients Since 1998.
Some Tampa apartment complexes, condominium developments, and commercial properties don’t invest what it takes to keep their premises safe. Landlords and property owners who prioritize profit over the well-being of tenants, guests, and customers let light fixtures go unrepaired, leave required security personnel unstaffed, and allow common areas to become sites of preventable accidents and criminal activity. When that neglect causes an injury, Florida premises liability law gives you the right to pursue compensation.
Our firm has represented injured clients in Tampa and the surrounding areas since 1998. We handle the full range of premises liability claims on a contingency-fee basis with no attorney fees or costs unless there is a recovery.
Common Types of Premises Liability Cases We Handle
Premises liability claims cover 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 pools, skating areas, or bounce houses, often due to untrained staff, leading to preventable injuries to children and others.
Slip and Fall Accidents – Injuries caused by wet floors, debris, dangerous stairs and ramps, unsafe sidewalks, or concealed hazards where the property owner failed to maintain safe conditions or provide adequate 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.
Fire and Building Code Violations – Injuries or wrongful death caused by unsafe buildings, lack of fire alarms, blocked exits, or noncompliance with safety codes.
What Florida’s HB 837 Means for Inadequate Security Claims
If you were injured due to inadequate security at an apartment complex or condominium, Florida’s HB 837 (effective March 24, 2023) introduced rules that directly affect how these claims are evaluated. Under Florida Statute §768.0706, multifamily residential property owners who substantially implement specified security measures, including cameras at entry and exit points, adequate lighting, deadbolts, window locks, and locked pool gates, receive a rebuttable presumption against negligent security liability. Owners who fail to implement or maintain those measures lose that protection entirely.
HB 837 also requires juries in negligent security cases to apportion fault to the criminal third party under Florida Statute §768.0701, which can reduce the share of liability assigned to the property owner. That makes thorough evidence gathering about prior crime patterns, lighting failures, and documented security lapses more important than ever. The sooner we can investigate the property and preserve that evidence, the better positioned your claim may be.
Most property owners carry liability insurance that covers injuries caused by dangerous property conditions, and those policies are typically what a premises liability claim is negotiated against. After an accident, some negligent property owners move quickly to deflect liability or repair hazards before they can be documented. We can meet with you, review the facts, and explain the legal remedies available before evidence disappears.
Premises liability claims in Tampa are governed by both Florida state statutes and ordinances enacted by Hillsborough County and the City of Tampa. Businesses in Tampa must comply with the City’s municipal code governing the maintenance and repair of sidewalks, parking lots, and public areas. Florida Statute §768.0755 applies statewide, setting the requirements for proving liability in slip and fall cases involving transitory foreign substances in business establishments.
Local agencies such as Tampa Code Enforcement and Hillsborough County’s Risk Management Department may conduct investigations or issue citations that can serve as evidence in a civil claim. If you were injured in a government building or public park, Florida’s sovereign immunity law imposes notice and filing deadlines that are much shorter than those for claims against private property owners.
Premises liability law requires property owners to keep their premises free from unreasonable hazards, but 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, including regular inspections and prompt removal of hazards.
Licensees are social guests who enter with permission but for their own purposes. Property owners must warn them of known dangers but aren’t required to actively inspect for hazards.
Trespassers have no legal right to be on the property, and owners generally owe them no duty of care, except under the attractive nuisance doctrine, which holds owners responsible for conditions likely to draw unsupervised children.
Visitor classification directly affects the right to compensation, and a Tampa premises liability lawyer can assess how it applies to your case.
Key Elements We Must Prove to Win Your Case
In a premises liability case, the burden of proof falls on the injured person. To pursue a successful claim, we must establish four elements:
Duty of Care: We must show that the property owner owed you a legal duty, determined by your status as an invitee, licensee, or trespasser.
Breach of Duty: We must show that the owner breached that duty by failing to maintain safe conditions, inspect for hazards, or warn you of a known danger.
Causation: We must establish a clear link between the owner’s breach and your injury.
Damages: We must show that the accident caused compensable harm: medical bills, lost wages, pain and suffering, or other losses.
A central contested issue in most Tampa premises liability cases is “notice”: whether the owner knew or should have known about the hazard through reasonable inspection. Surveillance footage, incident reports, maintenance records, and witness statements are all tools we use to prove it.
Evidence & Legal Strategy in Tampa Premises Liability Claims
Florida now follows a modified comparative negligence system under HB 837. A plaintiff found more than 50% at fault for their own injuries is barred from recovering any compensation. Under the prior pure comparative negligence system, a plaintiff could recover even if mostly at fault. That’s no longer the case. Property owners and their insurers may argue that you bear majority responsibility, making fault apportionment a central issue in Hillsborough County courts.
Strong documentation is how we counter those arguments. Maintenance records, surveillance footage, eyewitness testimony, expert opinions, and detailed records of your injuries and accident-related costs all matter. Our attorneys have handled complex litigation in Hillsborough County and know what documentation to secure and how to present it effectively. Past results don’t guarantee future outcomes, but our track record of multi-million-dollar verdicts reflects how thoroughly we prepare every case.
Compensation Available in Tampa Premises Liability Cases
Victims of premises liability accidents may be entitled to recover damages for their losses. Under HB 837, juries now evaluate past medical damages based on amounts actually paid rather than the full amount billed, and unpaid bills are subject to caps tied to applicable insurance reimbursement rates. This is a change that can affect the total damages presented at trial. Recoverable compensation may include:
Medical Expenses – Hospital bills, surgeries, rehabilitation, and ongoing treatment.
Lost Wages – Income lost while you were unable to work during recovery.
Pain and Suffering – Physical pain, emotional distress, and reduced quality of life.
Property Damage – Reimbursement for personal property damaged in the accident.
Punitive Damages – Available in cases of gross negligence, where the court may award additional damages to deter similar conduct.
The Legal Process for a Premises Liability Claim in Florida
The legal process can be complex, but we handle every stage so you can focus on your recovery.
Initial Consultation: We’ll meet with you at no charge, evaluate the facts, assess the potential for a claim, and explain your legal options.
Investigation: We conduct a thorough investigation, gathering photos and video of the accident scene, medical records, witness statements, and incident reports, and move quickly to preserve evidence before the property owner can repair the hazard.
Negotiation with the Insurance Company: We negotiate with the property owner’s insurer to seek a fair settlement. Insurance companies routinely use tactics to minimize claims. We’re experienced negotiators who won’t accept less than you deserve.
Filing a Lawsuit: If the insurer won’t offer a fair settlement, we file a formal lawsuit on your behalf.
Discovery: Both parties exchange information and evidence through depositions, written questions, and document requests.
Mediation: Courts often require mediation to explore whether a settlement can be reached with the help of a neutral third party.
Trial: If no agreement is reached, we’re prepared to take your case to trial and present your case to a jury.
We’ll be with you at every stage of this process.
How Burnett Law Approaches Premises Liability Cases in Tampa
At Burnett Law, our approach to premises liability is grounded in thorough preparation and direct client involvement. When property owners fail to maintain safe conditions, we work to hold them accountable, starting with a detailed assessment of the accident scene and a careful review of photos, surveillance footage, and witness statements.
We treat every case as its own, dedicating the resources and attention each situation requires. From negotiating with insurers to preparing for trial when a fair settlement isn’t on the table, we work toward the best possible outcome. Our attorneys have achieved multi-million-dollar verdicts in past cases, and as trial-ready lawyers recognized as Super Lawyers® Rising Stars, we don’t settle for less when more is warranted. Past results don’t guarantee future outcomes, but they reflect how seriously we prepare every case we take.
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 don’t give statements to insurers before speaking with an attorney. Acting quickly protects both 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, property managers, or maintenance companies may also be responsible if their negligence created the unsafe condition. The key question is who had control of the property and failed to maintain it safely.
Is There a Time Limit to File a Premises Liability Claim in Florida?
Yes. For injuries occurring on or after March 24, 2023, Florida’s statute of limitations for premises liability claims is two years under amended Florida Statute §95.11(4)(a) as modified by HB 837. Claims arising before that date fall under the prior four-year rule. Claims against government property may carry even shorter deadlines. Missing the filing deadline bars recovery entirely.
Can I Still Recover Compensation If I Was Partly at Fault for My Accident?
Possibly. Florida follows a modified comparative negligence rule. Your compensation is reduced by your percentage of fault, but you can still recover as long as you were not more than 50% responsible for the accident.
The Window to Act Is Shorter Than You Think
Florida’s two-year filing deadline for premises liability claims means you have less time than most people realize. Missing it can permanently bar your right to compensation, no matter how strong your case is. Contact our premises liability lawyers in Tampa today to protect your options.
Call our office at (813) 491-8272 or reach out online. All 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!
