Orlando Premises Liability Lawyer

 

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Property owners throughout Orlando, from theme parks and hotels hosting millions of tourists to apartment complexes, grocery stores, restaurants, and parking garages, owe legal duties to keep their premises reasonably safe. When they ignore broken stairs, fail to clean spills, cut security budgets despite known crime patterns, or allow code violations to persist, visitors face serious injuries that disrupt their lives and impose financial burdens they never anticipated.

When property owners fail to maintain safe conditions and visitors suffer preventable injuries, an Orlando premises liability lawyer steps up. Spetsas Buist attorneys investigates what happened, identifies liable parties, preserves disappearing evidence like surveillance footage and maintenance logs, and pursues compensation for medical expenses, lost income, and trauma caused by hazardous conditions that never should have existed.

Contact us for your free, confidential case evaluation. Whether negligence occurred at a retail store, resort property, entertainment venue, or residential complex, we investigate conditions, gather proof before it vanishes, and hold property owners accountable while you focus on recovery.

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Why Choose Spetsas Buist for Your Orlando Premises Liability Case

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Premises liability claims require attorneys who understand Florida property law, burden-of-proof requirements, and the tactics property owners use to shift blame onto injured visitors. Spetsas Buist represents injury victims throughout Orlando and Orange County when negligent property conditions cause preventable harm.

We Investigate Before Critical Evidence Disappears

Property owners delete surveillance video, repave parking lots, repair hazards, and coach employees within days of serious incidents. Our team sends preservation letters immediately, subpoenas footage and maintenance records before they're destroyed, and interviews witnesses while details remain fresh.

We Know How Property Owners Try to Avoid Responsibility

We used to work for them and represent them. That background taught us how property owners build defenses, like claiming the hazard was "open and obvious," arguing the visitor should have seen the danger, or insisting they had no notice of the condition. We investigate maintenance histories, prior complaints, and incident patterns that prove owners knew about hazards and chose not to fix them.

We Fight Property Owners and Their Insurers Through Trial

Property insurers may deny valid claims, offer settlements that don't cover medical bills, and delay cases, hoping injured visitors give up. We file lawsuits when necessary and take cases to trial. Our premises liability attorneys are ready to fight for fair compensation, not just quick settlements that serve the insurer's interests.

We Serve Orlando's Residents and Visitors

When negligence occurs at an International Drive resort, downtown Orlando office building, or Orange County apartment complex, injured visitors need attorneys who respond immediately, understand local properties and courts, and handle the details while you recover.

Contact us now for a free case evaluation. We handle premises liability cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation.

What Is Premises Liability in Florida?

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Premises liability law holds property owners and occupiers responsible when unsafe conditions on their property cause injuries to lawful visitors. Florida law recognizes that people entering businesses, hotels, rental properties, and public spaces should not face unreasonable dangers created by negligent maintenance, inadequate security, or hazardous conditions that the owner knew about or should have discovered and failed to correct.

Property owners owe different duties depending on the visitor's legal status:

  • Invitees—customers, hotel guests, restaurant patrons, apartment tenants—receive the highest protection. Property owners must inspect their premises for hazards, warn visitors about dangers that aren't obvious, and take reasonable steps to fix dangerous conditions.
  • Licensees—social guests and others entering with permission but not for the owner's commercial benefit—receive warnings about known dangers but cannot expect the same inspection and maintenance duties.
  • Trespassers generally receive minimal protection, though property owners cannot set traps or willfully injure even unauthorized visitors, and children may receive special protections under attractive nuisance principles.

Common Types of Orlando Premises Liability Cases

Property injuries in Orlando span multiple categories, from routine slip-and-fall incidents in retail stores to serious assaults resulting from inadequate security at entertainment venues. Some common types of premises liability cases we see at Spetsas Buist include: 

Slip and Fall Accidents

Wet floors from spills or cleaning, tracked-in rain at hotel entrances, grease near restaurant kitchens, leaking refrigeration units in grocery stores, and freshly mopped surfaces without warning signs create fall hazards. Florida law requires injured visitors to prove the property owner had actual or constructive knowledge of the dangerous condition.

Florida Statutes § 768.0755 addresses temporary hazards, such as spilled liquids or dropped produce. The statute requires proof that the business had actual or constructive knowledge of the substance, or that the condition existed for a length of time that would have allowed discovery through reasonable care.

Trip and Fall Accidents

Uneven sidewalks, broken pavement, cracked concrete, loose carpeting, unmarked steps, poor lighting that conceals elevation changes, and cluttered walkways cause trip-and-fall injuries. Unlike slip-and-fall cases involving temporary substances, trip hazards often represent permanent or semi-permanent conditions that the property owner should have discovered and repaired through routine maintenance.

Negligent Security and Third-Party Assaults

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Property owners who are aware of crime patterns on or near their premises must take reasonable security measures to protect their visitors. When hotels, apartment complexes, bars, parking garages, shopping centers, or entertainment venues fail to provide adequate lighting, security personnel, surveillance cameras, or controlled access, and visitors suffer assault, robbery, or other violent crimes, the property owner may face liability for foreseeable criminal acts.

Hotel and Resort Injuries

Orlando's tourism industry brings millions of visitors to hotels and resorts throughout the year. Properties hosting large numbers of guests owe duties to maintain safe pools, balconies, stairways, elevators, parking areas, and common spaces. Pool accidents involving inadequate barriers, missing drain covers, slippery decking, or absent lifeguards create serious injury risks.

Theme Park and Entertainment Venue Injuries

While theme parks receive special attention for ride-related incidents, premises liability claims also arise from slip-and-fall accidents in park restaurants, bathrooms, and walkways; inadequate crowd control that leads to trampling injuries; and negligent security that fails to prevent assaults in parking areas or secluded sections of properties.

Restaurant and Grocery Store Injuries

Food service and retail environments present multiple hazard categories, including spilled liquids near drink stations or broken jars, produce dropped in aisles, grease on kitchen floors tracked into dining areas, wet surfaces from melting ice or leaking refrigeration, and crowded, narrow aisles with stocking carts blocking pathways.

Apartment Complex Injuries

Multi-family residential properties must maintain common areas, including stairways, hallways, parking lots, laundry facilities, and recreational spaces. Broken stairs, inadequate lighting in parking areas, pool accidents, and negligent security allowing unauthorized individuals to enter buildings create injury risks.

Elevator and Escalator Accidents

Mechanical failures, missing safety features, improper maintenance, and malfunctioning doors cause elevator and escalator injuries. Property owners must inspect, service, and repair these systems in accordance with manufacturer specifications and local building codes.

How to Prove Negligence in an Orlando Premises Liability Case

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Florida premises liability claims require proof of four elements: the property owner owed a duty of care, the owner breached that duty by allowing a dangerous condition to exist, the breach caused the visitor's injuries, and the visitor suffered damages.

  • Establishing the Property Owner's Duty: The first step identifies the property owner and the visitor's legal status: invitee, licensee, or trespasser. The owner’s duty depends on the injured person’s status while on the property.
  • Proving the Dangerous Condition Existed: Documentation establishes that a hazard created an unreasonable risk of injury. Photographs showing the condition immediately after the incident, measurements demonstrating the severity of defects, witness statements, and incident reports provide critical proof. Building code violations and maintenance records showing repeated problems strengthen claims.
  • Showing the Property Owner Had Notice: Florida law requires proof that the property owner had actual or constructive notice of the dangerous condition. Actual notice means the owner or employees directly knew about the hazard. Constructive notice means the hazard existed long enough that a reasonable inspection should have discovered it.
  • Linking the Condition to the Injury: Medical records, witness accounts, and expert analysis can connect the dangerous condition to the specific injuries suffered. Documentation must show that the fall caused the injury, not some pre-existing condition or subsequent event.

Evidence Needed to Prove Your Orlando Premises Liability Claim

A thorough investigation before evidence disappears determines case outcomes. Evidence that can help your case includes:

  • Photographs and video showing the exact condition that caused the fall, including surrounding context, lighting levels, and any warning signs or barriers present
  • Incident reports filed with property management, store managers, or hotel staff document what happened and what the property's representatives observed
  • Surveillance footage captures the incident and the condition beforehand, showing how long hazards existed and whether employees noticed them
  • Witness statements from people who saw the fall or observed the dangerous condition provide independent corroboration
  • Maintenance records and inspection logs reveal whether the property owner followed routine maintenance schedules, responded to prior complaints, or allowed hazards to persist despite knowledge of problems
  • Medical records link injuries directly to the incident and document treatment, diagnoses, and prognoses
  • Property code violation records obtained from Orange County building departments, fire marshals, or health inspectors demonstrate that conditions fell below legal standards
  • Prior incident reports showing similar accidents at the same location strengthen constructive notice arguments and prove the property owner should have anticipated the danger

Your Florida premises liability attorney can help gather evidence and present it with your demand package.

Compensation Available in Orlando Premises Liability Cases

Florida law allows premises liability victims to pursue several types of damages.

Economic Damages

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Economic damages cover quantifiable financial losses:

  • Medical expenses, including emergency treatment, hospitalization, surgery, physical therapy, medications, and future care
  • Lost wages from missed work during recovery
  • Loss of earning capacity if injuries prevent returning to prior employment
  • Property damage if personal belongings were damaged in the incident

Non-Economic Damages

Non-economic damages compensate for subjective harm:

  • Physical pain and suffering from injuries
  • Emotional distress, anxiety, and trauma
  • Loss of enjoyment of life when injuries prevent activities the victim previously enjoyed
  • Scarring and disfigurement from permanent injuries

Punitive Damages

Florida Statutes § 768.72 allows punitive damages when defendants act with intentional misconduct or gross negligence showing reckless disregard for safety. Courts may award punitive damages up to three times compensatory damages or $500,000, whichever is greater. Property owners who knowingly allow dangerous conditions to persist despite awareness of serious injury risks may face punitive exposure.

Wrongful Death Damages

Wrongful death damages under Florida Statutes § 768.21 apply when premises liability negligence causes death, compensating surviving family members for loss of support, services, companionship, and funeral expenses. If you lost a loved one in a premises liability accident, our wrongful death attorneys in Orlando are here to help your family.

What to Do After a Premises Liability Injury in Orlando

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Immediate steps protect your health and strengthen potential legal claims.

  • Seek medical attention. Some injuries like head trauma or internal bleeding may not cause immediate symptoms. If you have not already, get a medical evaluation. Treatment creates documentation linking injuries to the incident and establishes the severity of harm.
  • Report the incident. Notify property management, store managers, hotel staff, or security personnel immediately. Insist that they file an incident report and request a copy. Review the report for accuracy before signing anything.
  • Document the scene. Photograph the exact location and condition that caused your injury, including measurements, lighting, and any warning signs or barriers. Take wide shots showing context and close-ups showing details. If possible, return later to photograph the area again before the property owner makes changes.
  • Identify witnesses. Obtain names and contact information from anyone who saw the incident or observed the dangerous condition beforehand.
  • Preserve clothing and shoes. Do not clean or discard items you wore during the incident. They may provide evidence about the nature of the hazard and refute claims that inappropriate footwear contributed to the fall.
  • Avoid recorded statements. Property representatives, insurance adjusters, and claims investigators may request statements within hours of the incident. Politely decline until you speak with an Orlando slip and fall attorney. Early statements often contain inaccuracies that insurers later use to deny claims or reduce compensation.
  • Keep all documentation. Save medical records, bills, receipts, wage statements, and correspondence related to the incident. Create a recovery journal documenting pain levels, activity limitations, and how injuries affect daily life.
  • Contact an attorney immediately. Property owners begin building defenses within hours. An attorney sends preservation letters requiring the property to retain surveillance footage, maintenance logs, and other evidence that would otherwise disappear.

FAQ for Orlando Premises Liability Claims

What if the Property Owner Says the Hazard Was Obvious?

Property owners might argue that dangers were "open and obvious" and visitors should have avoided them. While obvious hazards may affect liability, they do not automatically bar claims. Property owners still must maintain reasonably safe conditions and may face liability even for visible hazards if they should have corrected them or provided adequate warnings.

Can I Sue if I Was Partly at Fault for My Injuries?

Florida's comparative negligence law allows recovery as long as you are 50% or less at fault. Your compensation is reduced by your percentage of fault.

How Long Do I Have to File a Premises Liability Claim in Florida?

Florida Statutes § 95.11(5)(a) requires most premises liability claims to be filed within two years from the date of injury. The clock starts when the injury occurs, not when you discover the full extent of harm. Wrongful death claims must be filed within two years from the date of death.

Should I Talk to the Property Owner's Insurance Company After an Orlando Premises Liability Injury?

Insurance adjusters contact injury victims quickly, sometimes requesting recorded statements before victims fully understand the extent of their injuries or have consulted with attorneys. Speak with an attorney before providing statements or signing releases.

How Much Is My Orlando Premises Liability Case Worth?

Case value depends on injury severity, medical expenses, lost income, degree of permanent impairment, strength of liability proof, and comparative fault percentages. An attorney evaluates medical records, lost wage documentation, and liability evidence to assess potential recovery.

Trip, Slip, or Fall? Contact an Orlando Premises Liability Lawyer

Property owners throughout Orlando have a responsibility to maintain safe conditions for their visitors. When they fail those duties, and you suffer injuries, you deserve compensation for medical expenses, lost wages, and the disruption negligence caused in your life.

Nick Spetsas - Attorney
Nick Spetsas - Orlando Premises Liability Lawyer

Evidence disappears quickly. Surveillance systems overwrite footage, maintenance crews repair hazards, and witnesses scatter. Every day that passes makes it harder to prove what really happened and why the property owner bears responsibility.

Call (321) LAWSUIT or (321) 529-7848 for your free, confidential case evaluation. Our Orlando team investigates immediately, preserves evidence before it vanishes, and pursues compensation while you focus on recovery.

We handle premises liability cases on a contingency fee basis—you pay no attorney fees unless we recover compensation.

Schedule Your Free Consultation