Injured on Someone Else's Property? When Poor Maintenance Makes the Owner Responsible

If you were injured on someone else's property because something was broken, rotten, loose or left in the dark, you are probably asking who is responsible. Many of these injuries come from simple things that were never fixed: a stair that collapsed, a shaky railing, overgrown plants hiding a hole, a slippery walkway covered in algae.

A fall or a collapse can change your life. These accidents cause brain injuries, broken hips and backs, and in some cases death. This guide explains, in plain language, what Florida property owners generally must do to maintain their property, gives many real-world examples of maintenance failures, and explains who may be responsible and what evidence matters. This article is general information, not legal advice. Every case depends on its facts, so speak with a lawyer about your situation.

Injured on someone else's property: what Florida law generally requires

In Florida, a business or property owner who invites people onto the property generally owes them two duties. Florida courts describe them this way, for example in Aaron v. Palatka Mall (Fla. 5th DCA 2005):

• The duty to maintainUse reasonable care to keep the property in a reasonably safe condition. That means inspecting, repairing and replacing things that wear out or break.
• The duty to warnWarn visitors about hidden dangers the owner knows about, or should know about, that a visitor could not discover by being careful.

This is often called premises liability. When you are injured on someone else's property, the question is usually not just whether there was a hazard, but whether the owner knew or should have known about it and failed to fix it or warn you in time.

The duties can be different depending on why you were there. Customers, tenants and invited guests are usually owed the most care; trespassers are owed much less. How the law classifies a visitor can be technical, so speak with a lawyer about your situation.

Examples of poor maintenance that injure people

Most maintenance cases come down to something that wore out, broke or was ignored. Common examples include:

• Stairs that give wayRotted wooden steps, cracked concrete treads and steps that collapse under normal weight.
• Loose or shaky handrailsRailings that wobble, pull out of the wall or break when someone grabs them.
• Missing handrailsRailings that were removed or never replaced after a repair.
• Rotted decks, docks and balconiesWood and concrete that weaken over years of rain, salt air and sun.
• Cracked or raised sidewalksSlabs lifted by tree roots, broken edges and uneven joints.
• Parking lot hazardsPotholes, broken wheel stops, loose pavers and crumbling curbs.
• Falling tree limbs and dead treesBranches and trees that were dying or damaged and were left standing.
• Overgrown foliagePlants that hide holes and steps, block walkways or cover lights.
• Algae and mildew on walkwaysSlick green or black film on walkways and pool decks, very common in Florida's heat and humidity.
• Sprinklers spraying walkwaysBroken or misaligned sprinklers that keep a path wet and slippery.
• Roof and AC leaksLeaks that leave wet floors in hallways, lobbies and stores.
• Torn carpet and broken tilesLoose edges, holes and cracked tiles that catch a foot.
• Burned-out lightsDark stairwells, hallways and parking garages where people cannot see a step or a hazard.
• Broken pool gates, fences and drain coversSafety equipment that stops working and is not repaired.
• Uncovered drains, holes and manholesMissing covers and open holes in walkways and lots.
• Broken elevators, escalators and automatic doorsEquipment that stops suddenly, misaligns or closes on people.
• Falling ceiling tiles and items from high shelvesLoose ceiling panels and merchandise stacked unsafely.
• Exposed wiringDamaged electrical fixtures and cords in reach of the public.
• Storm debris left behindBranches, broken glass, nails and damaged structures not cleared after a hurricane.

These are examples, not a checklist. Whether a specific hazard makes the owner responsible depends on the facts, especially on notice.

Did the owner know? Actual and constructive notice

In most maintenance cases, you generally have to show the owner knew about the problem (actual notice) or should have known about it (constructive notice) and had time to fix it.

• Actual notice can come from complaints, emails or texts to a landlord or manager, work orders, prior incident reports or an inspection report that flagged the problem.
• Constructive notice can come from how long the problem existed. Rot, rust, cracks, algae and tree roots do not appear overnight. A defect that developed over months or years is often one a reasonable inspection would have found.
• A repeated problem, such as a sprinkler that always floods the same walkway, can also show the owner should have expected it.

Slips on spills and other substances inside a business are covered by a specific statute, section 768.0755, Florida Statutes. Maintenance defects like broken stairs, loose handrails or uneven sidewalks are generally judged under the owner's general duty to maintain the property. Our guide on restaurant slip and fall claims explains the spill rule.

Can the owner say the danger was "open and obvious"?

Property owners often argue that a hazard was "open and obvious," meaning you should have seen it and avoided it. In Florida, that argument may relieve an owner of the duty to warn about the danger, but courts have said it does not necessarily excuse the separate duty to maintain the property in a reasonably safe condition. The Aaron v. Palatka Mall decision is one example.

In practice, an obvious hazard can still affect the case. The owner may argue you were partly at fault for not watching where you were going. Under section 768.81, Florida Statutes, if you are found more than 50% at fault for your own injuries, you generally cannot recover damages. If you are 50% or less at fault, your recovery is generally reduced by your share. How these rules apply depends on the facts, so speak with a lawyer.

Who is responsible if someone gets hurt on a property?

When you are injured on someone else's property, more than one person or company may share responsibility:

• The property ownerThe person or company that owns and controls the property.
• A landlordSection 83.51, Florida Statutes, generally requires residential landlords to comply with applicable building, housing and health codes, or where there are none, to keep floors, steps, porches and other structural parts in good repair. In apartment buildings it also covers the clean and safe condition of common areas, unless otherwise agreed in writing.
• A condo or homeowners associationAssociations generally maintain common areas such as walkways, stairwells, pools and parking lots. The governing documents say who is responsible for what. See our condominium disputes page.
• A business tenantA store or restaurant that leases space may control the area where you fell.
• A management or maintenance companyIf it was hired to inspect, clean or repair.
• A contractorIf a repair was done badly and caused the danger.
• A government agencyFor public sidewalks, parks and buildings. Claims against the government have special notice rules and other limits, so speak with a lawyer early.

Older condominium and cooperative buildings three or more stories tall must also have periodic milestone structural inspections under section 553.899, Florida Statutes. Those reports, and any repairs that were recommended and not done, can matter in a balcony, walkway or stairwell case.

Evidence to save after you are hurt

1. Photograph the defect right away. Take wide shots and close-ups, with something for scale, before it is repaired.
2. Photograph the conditions. Lighting, wet surfaces, plants, missing signs and any warning cones (or the lack of them).
3. Report the injury in writing. Ask the owner, manager, landlord or association for an incident report and keep a copy.
4. Keep every complaint. Emails, texts, letters and maintenance requests you or neighbors sent about the problem.
5. Get witness contacts. Neighbors, customers and employees who saw the fall or knew about the defect.
6. Ask about cameras. Note every camera and ask that video be saved.
7. Keep your shoes and clothing. Do not wash or throw them away.
8. Get medical care and keep records. Follow your doctor's advice and keep every bill and report.

A lawyer can send a preservation letter asking the owner to keep maintenance logs, work orders, inspection reports and video.

What to do if you were injured on someone else's property

1. Get medical help. Head, hip and back injuries can be serious even if you feel fine at first.
2. Document the scene. Use the evidence list above.
3. Report it. Tell the owner, manager or association in writing.
4. Be careful with insurers. The owner's insurance company may call you. Stick to the facts and think twice before giving a recorded statement.
5. Do not post about it. Insurers look at social media.
6. Speak with a premises liability lawyer. Early action helps preserve records and video. For general steps after a fall, see what to do after a slip and fall in Florida.

How long do you have to file a premises liability claim?

For most negligence claims, the time to file a lawsuit in Florida is generally two years from the date of the injury, under section 95.11, Florida Statutes. Some claims have different rules, such as wrongful death claims and claims against government agencies, which also require advance written notice. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

If you lost a loved one, see our wrongful death page.

Tomas Robirosa helps people injured on someone else's property, in falls and in crashes across Miami-Dade, Broward and Palm Beach, and throughout Florida. Consultations are free, and there is no fee unless we recover for you. Se habla español.

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