If you’re a property owner or business operator in Florida who’s facing a premises liability claim, you’re likely worried about legal and financial repercussions, which is why knowing your rights and defense options is a vital first step. This article from Frank Eidson P.A. will equip you with 6 key strategies on how to stop a premises liability claim as a defendant so that you can protect your interests right here in Central Florida .

Key Elements to Defeat a Florida Premises Liability Claim

To effectively stop a premises liability claim as a defendant, it’s imperative to know what the claimant – the person injured on your property – must legally prove. There are specific elements that they must establish to win their case, and if even one of these elements is missing, it can drastically weaken or even invalidate their claim.

  1. They must prove you owned, leased, or controlled the property where they were injured.
  2. The injured party must be legally on your property. Their status (invitee, licensee, etc.) affects the duty of care you owe.
  3. A dangerous condition must have existed (e.g., spills, uneven surfaces, inadequate lighting or security).
  4. The claimant must show that you knew, or should have known about the dangerous condition; demonstrating your property upkeep responsibilities (or lack thereof).
  5. You must have failed to fix or provide adequate warning about the dangerous condition to prevent injury. Simply knowing about a hazard isn’t enough for a claim; inaction is key.
  6. The claimant’s injuries must be directly caused by your negligence related to the dangerous condition.

6 Top Defenses to Stop a Premises Liability Claim

Here are some of the most effective strategies we utilize at Frank Eidson, P.A., to fight a premises liability claim for our defendants in Florida:

1. Assert The Strength of the “Open and Obvious” Doctrine.

The “open and obvious” doctrine is a cornerstone defense in premises liability defense. Florida courts recognize that property owners are not always liable for injuries from plainly visible and easily avoidable hazards (e.g., visible retaining walls).

2. Challenge the Plaintiff’s Legal Status on your Property.

Another powerful defense is to challenge the plaintiff’s legal status on your property as the duty you owed hinges entirely on why they were there. Florida categorizes individuals into 3 groupings:

  • Invitees. These are people you explicitly or implicitly invite, like store customers – the highest duty of care.
  • Licensees. These are individuals permitted on your property for their benefit (social guest) – medium duty of care.
  • Trespassers. These are uninvited and unauthorized individuals – minimal duty of care; avoid intentional harm.

3. Argue Lack of Knowledge of the Dangerous Condition.

A potent strategy to stop a premises liability claim as a defendant is to argue that you had a lack of knowledge about the dangerous condition. Florida law recognizes that you cannot be liable for hazards you genuinely did not know about, and shouldn’t reasonably have known. But, you must actively demonstrate reasonable property upkeep with records of safety inspections, maintenance logs, and prompt repairs to showcase you’ve taken proactive measures and weren’t simply ignorant.

4. Leverage Florida’s Comparative Negligence Rules.

Florida’s comparative negligence rules can help reduce your financial exposure when defending against a premise liability claim. The system proportionally decreases the compensation you may owe if the injured party contributed to their own harm through their actions or inactions. For example, the plaintiff wasn’t paying attention, wore unsuitable footwear, disregarded warnings, or acted recklessly.

5. Statute of Limitations – Is The Claim Time-Barred?

Florida law sets a strict two-year statute of limitations for negligence-based premises liability claims. This means the lawsuit must be officially filed within two years from the date the incident occurred [HB837/SB236]. If the claimant has missed this critical deadline, you have a strong basis for dismissal. Your immediate first step should be to verify the date of the incident and when the lawsuit was filed.

6. Consider Alternative Dispute Resolution.

Litigation can be lengthy and costly. Alternative Dispute Resolution (ADR) methods, like mediation and arbitration, offer a more efficient and cost-effective path to resolving complex premises liability claims.

Get a Free Case Review & Defend Against Premises Liability Claims With Frank Eidson, P.A.

To explore the best defense for you,contact Frank Eidson, P.A., today for your free case review. Our Central Florida legal team is prepared to provide the expert guidance and the assertive defense you need. Protect your interests and contact us at: 407-245-2887.