If you’ve been injured in Central Florida, understanding the type of liability involved in your case is vital for navigating the path to recovery and proper compensation. Often, one of the first questions people have is: what is the difference between premises liability and personal liability? At Frank Eidson, P.A., serving Central Florida since 1989, we are deeply committed to helping you understand these complexities and secure the legal support you need.

What Is Premises Liability in Florida?

Premises liability is a specific area of personal injury law in Florida that holds property owners accountable for maintaining safe conditions on their property. As a property owner, you have a duty of care (responsibility) to take reasonable proactive measures to prevent foreseeable harm to guests. If unsafe conditions lead to accidents and injuries, property owners can be held liable under premises liability law. This applies to a wide array of locations and scenarios you may encounter, such as:

Locations

Hazards

Retail stores in Orlando and surrounding areas.

Wet, unmarked floors in a grocery store, spills not promptly cleaned up in a restaurant, uneven or cracked flooring in a shop, or torn/buckled carpeting in an office building.

Restaurants and eateries throughout Central Florida.

Obstructions left in walkways of retail space, poorly maintained/cracked sidewalks outside a business, or potholes in a parking lot.

Office buildings and workplaces.

Poorly lit parking lots or dimly lit hallways in apartment complexes, significantly increase the risk of trips, falls, and even criminal activity.

Public spaces, parks, and recreational areas.

Inadequate security measures in a shopping center parking garage leading to foreseeable criminal activity.

Private homes across the region.

Improper maintenance of elevators or escalators in commercial buildings leads to sudden stops, falls, or other accidents.

Vacation property, amusement parks, cruise lines, resorts.

Staircases are not built to code in an older building, and there is a lack of proper handrails on walkways or stairs.

Key Elements of Florida Premises Liability Claims

To successfully establish a premises liability claim in Florida and pursue compensation, there are key elements that must be proven.

  1. Duty of Care. The property owner owed you a duty of care to maintain reasonably safe premises.
  2. Breach of Duty. The property owner breached this duty by failing to address a known dangerous condition or failing to identify and fix a hazard they should have been aware of. This could be through inaction, or failing to warn visitors about the dangerous condition.
  3. Causation. This breach directly caused your accident and resulting injuries.
  4. Damages. You suffered actual damages as a result of your injuries, such as medical expenses, lost income, and pain and suffering.

Personal Liability Explained

Personal liability is broader and not tied to a specific property. It refers to an individual’s legal responsibility for causing harm or injury to another person through their actions—or sometimes inactions—regardless of where the incident occurs. Understanding personal liability in Central Florida is important as these claims can arise from various situations, such as:

  • Car accidents.
  • Dog bites in residential neighborhoods or public parks.
  • Slip-and-falls outside of property negligence (e.g., spilled drink at a public event).

Personal Liability Insurance – What To Know

Many homeowners’ and renters’ insurance policies include personal liability coverage. This coverage can offer financial protection if you are found personally liable for causing injuries to someone else, providing a safety net in unforeseen circumstances.

Key Differences Between Premises and Personal Liability – A Clear Breakdown

To clearly understand what is the difference between premises liability and personal liability, let’s look at the core distinctions:

  1. Focus. Premises liability centers on the property’s condition, while personal liability involves an individual’s actions or negligence.
  2. Scope. Premises liability is specific to property-related incidents, whereas personal liability covers a broader range of situations.
  3. Legal Requirements. Premises liability cases often involve proving the property owner’s negligence, while personal liability cases may have different legal standards.

While distinct, it’s important to recognize that in some complex situations, elements of both premises and personal liability could be present.

Get Clarity – Book Your Free Case Review Today

Don’t let confusion about liability add stress after an injury. Whether you’re dealing with a premises liability issue or a personal liability claim, Frank Eidson, P.A. is here to help. Contact us now at 407-245-2887 to book your free, no-obligation case review, and let our experienced team assess your options, and guide you toward the best possible path forward.