Florida Premises Liability Attorneys

Representing People Injured on Unsafe Property in Orlando, Winter Park, and Throughout Florida

More than 32 years of combined trial experience. Pursuing accountability and compensation for injuries caused by unsafe property conditions.

A visit to a store, hotel, theme park, or golf course should not end with a serious injury caused by an unsafe condition or negligent operation. When it does, you may face surgery, missed work, ongoing treatment, and uncertainty about who is responsible.

At Tonelli & Tonelli, our Florida premises liability attorneys help people injured on unsafe property understand their rights and pursue compensation. From our office in Winter Park, we represent clients in Orlando, Central Florida, and throughout Florida. We investigate dangerous conditions, identify responsible parties, and prepare claims supported by evidence.

These cases often require prompt investigation. Surveillance footage may disappear, the property may change, and important evidence may become harder to obtain while you are recovering.

You do not need to know who owns the property or have every record before contacting us. Speaking with us is free, and there is no obligation to hire our firm.

What Is Premises Liability in Florida?

Premises liability is the area of law addressing injuries caused by dangerous conditions on property. In Florida, a claim may be available when a property owner, business, or another responsible party breaches an applicable duty of care and that failure causes injury. Responsibility depends on the condition, who controlled the premises, and the circumstances of the incident.

For customers and other business invitees, those duties generally include using reasonable care to maintain reasonably safe premises and warning of certain concealed dangers that the responsible party knew or should have known about.

The specific duty depends on the circumstances, including why the injured person was on the property, who possessed or controlled it, and the nature of the hazard. Some incidents also involve negligent operations or other conduct requiring a separate legal analysis.

A thorough evaluation asks:

• What condition or conduct caused the injury?
• Who was responsible for the area or activity involved?
• Did that party create the danger, know about it, or have a legal obligation to discover and address it?
• What reasonable precautions should have been taken?
• How did the failure cause the injuries?

An injury on someone else’s property does not automatically establish liability. But an owner’s denial of responsibility does not settle the question, either.

Types of Premises Liability and Property Injury Cases

Unsafe conditions and negligent operations can cause injuries in grocery stores, restaurants, shopping centers, apartment communities, hotels, parking garages, theme parks, and recreational facilities.

Potential claims may involve:

• Slips and falls involving spilled liquids, slippery surfaces, or other substances.
• Trips and falls involving damaged walkways, uneven surfaces, loose flooring, or obstructions.
• Unsafe stairs, ramps, and railings.
• Falling merchandise, fixtures, or other objects.
• Inadequate lighting that contributes to an injury.
• Dangerous building conditions or neglected maintenance.
• Theme park and amusement park accidents, including incidents involving attractions, boarding areas, queues, or transportation.
• Golf course and other sports-related injuries, involving unsafe conditions, facility layout, equipment, or negligent conduct.
• Golf cart accidents, including collisions and rollovers.
• Pool and other recreational facility hazards.
• Negligent security, where inadequate precautions contribute to foreseeable criminal harm.

Different incidents involve different legal rules. A spill in a store, a broken railing, an amusement ride incident, and an injury during a golf outing each require an investigation tailored to what happened.

Preserve Surveillance Footage and Other Evidence Immediately

The opportunity to preserve important evidence may be much shorter than the deadline to file a lawsuit.

Surveillance footage can be overwritten. A spill may be cleaned up within minutes. A broken fixture may be replaced, equipment repaired, or the property altered before an inspection can be arranged.

Video from before the incident can be especially important. It may show how a hazard developed, how long it existed, whether employees passed through the area, or whether anyone attempted to address it.

Depending on the circumstances, relevant evidence may include:

• Surveillance footage before, during, and after the incident, including recordings from nearby cameras.
• Photographs, measurements, and inspection findings documenting the area.
• Incident reports and witness statements.
• Inspection, cleaning, and maintenance records.
• Complaints, work orders, and repair records.
• Prior similar incidents.
• Employee schedules, training materials, and communications.
• Lease agreements and management or service contracts.
• Attraction operating records and equipment information.
• Facility plans, layouts, and records of changes.
• Security records, where the claim involves criminal activity.
• The object, fixture, vehicle, or equipment involved in the injury.

At Tonelli & Tonelli, we work to identify relevant evidence and send preservation notices to the appropriate parties. When necessary, we pursue inspections, records, testimony, and legal measures to obtain and protect evidence.

Reporting an incident does not ensure that every relevant recording or document will be preserved. Prompt legal advice can help protect your ability to prove what happened.

Theme Park and Amusement Park Accidents

An injury at a theme park may involve the condition of the property, the operation of an attraction, or both.

Depending on the circumstances, the investigation may examine:

• Ride operation and compliance with applicable procedures.
• Boarding and unloading practices.
• Passenger restraints and other safety equipment.
• Inspection, maintenance, and repair history.
• Employee training and supervision.
• Warnings and instructions.
• Crowd movement, queues, and pedestrian routes.
• Transportation systems and vehicles.

These cases can be challenging. The cause of an injury may not be apparent to the visitor, and important information may be held by the operator, a maintenance contractor, or an equipment manufacturer.

A thorough investigation must identify the actual failure, determine who was responsible, and connect that failure to the injury.

Early action matters. Video, operating records, equipment conditions, and witness accounts can provide information that may be difficult to reconstruct later.

Golf Course Accidents and Injuries During Sports

A golf outing or other recreational activity can result in serious injury when unsafe conditions or negligent conduct expose participants and visitors to unreasonable danger.

Potential cases may involve golf cart collisions or rollovers, dangerous travel routes, defective equipment, inadequate precautions, or facility layouts that create foreseeable risks.

An injury involving a golf ball may require examining more than the golfer’s swing. Depending on the circumstances, relevant questions may include:

• Did the layout expose people to shots from another hole or practice area?
• Where were golfers, spectators, or other visitors directed to stand, wait, or travel?
• Were sight lines, distances, and expected ball-flight patterns considered?
• Were warnings or protective measures appropriate?
• Had prior incidents or complaints identified the danger?
• Did the conduct of another participant contribute to the injury?

These are often difficult liability cases that need to be investigated as soon as possible.

Sports involve risks. Defendants may argue that the injury resulted from an ordinary risk of participation. Releases, liability waivers, and other defenses may also affect a claim.

The investigation must distinguish risks ordinarily associated with the activity from injuries caused by negligent conduct or an unreasonably dangerous condition. The significance of a waiver depends on its wording, the circumstances, and applicable law.

An early inspection can help document sight lines, distances, barriers, cart paths, designated waiting areas, and other conditions before they change. When appropriate, qualified experts can help evaluate the facility and how the incident occurred.

You do not need to decide whether an injury was an “inherent risk” or whether a waiver defeats your claim before speaking with us.

Did the Business Know About the Dangerous Condition?

Knowledge of a hazard can be a central issue in a premises liability case.

Actual knowledge means the responsible party knew about the condition. That knowledge may be shown through employee observations, complaints, maintenance requests, or other evidence.

Constructive knowledge concerns a condition the responsible party should have known about under the applicable legal standard.

For a person who slips on a transitory foreign substance in a business establishment, Florida Statute Section 768.0755 requires proof that the business had actual or constructive knowledge of the dangerous condition and should have acted to remedy it. Constructive knowledge may be established through evidence that:

• The condition existed long enough that ordinary care should have led to its discovery; or
• The condition occurred regularly and was therefore foreseeable.

That statute does not govern every property injury. Structural defects, hazards created by a defendant, negligent operations, and other circumstances require their own analysis.

“We didn’t know about it” is an assertion to investigate—not a substitute for examining the evidence.

Who May Be Responsible for an Injury on Unsafe Property?

The property owner is not always the only party whose conduct matters.

A business may lease the space. A management company may oversee maintenance. Contractors may clean floors, service equipment, operate an attraction, or provide security.

Depending on the evidence and applicable law, responsible parties may include:

• Property owners.
• Businesses occupying or operating the premises.
• Property management companies.
• Maintenance or cleaning contractors.
• Attraction or recreational facility operators.
• Equipment providers or manufacturers.
• Security providers.
• Other parties whose negligent conduct contributed to the injury.

We examine who possessed or controlled the area, who undertook relevant responsibilities, and what each party did or failed to do.

Ownership records, leases, contracts, maintenance documents, and witness testimony can help identify those responsibilities. A statement that “someone else handles that” does not resolve the issue.

Can Inadequate Security Support a Claim?

In some circumstances, a person injured by an assault or other criminal act may have a claim against a party responsible for property security.

These cases require more than showing that a crime occurred. The investigation must examine the applicable duty, the foreseeability of the criminal conduct, the adequacy of security measures, and whether a failure contributed to the injury.

Relevant evidence may include prior incidents, reported threats, broken locks or gates, lighting conditions, security staffing, surveillance footage, and responses to known risks.

Florida law contains specific rules affecting negligent security claims, including how fault is considered. These cases require careful evaluation of both the criminal act and the conduct of those responsible for the premises.

What If the Hazard Was “Open and Obvious”?

A property owner or insurer may argue that you should have seen and avoided the condition.

The visibility of a hazard can affect the duty to warn and questions about comparative fault. But describing a condition as “open and obvious” does not automatically resolve every issue.

Depending on the circumstances, a separate duty to maintain reasonably safe premises may remain relevant, particularly where the responsible party should anticipate injury despite the condition’s visibility.

We examine the setting, including lighting, obstructions, expected travel routes, and whether reasonable precautions could have prevented the injury.

The claim should be evaluated in context—not dismissed based on a label.

Serious Injuries and Their Lasting Effects

Unsafe property conditions and recreational incidents can cause fractures, traumatic brain injuries, spinal injuries, eye injuries, burns, and other serious harm.

Recovery may involve surgery, rehabilitation, and ongoing treatment. Some injuries affect a person’s ability to work, move independently, care for family members, or enjoy activities that were previously part of daily life.

A thorough evaluation considers both the immediate injuries and their long-term consequences.

When an incident causes a death, we help families evaluate a Florida wrongful death claim and understand the steps necessary to pursue it.

What Compensation May Be Available?

Depending on the circumstances and applicable law, compensation may include:

• Emergency care, hospitalization, surgery, and other medical expenses.
• Future medical treatment and rehabilitation.
• Lost income and reduced earning capacity.
• Necessary assistance, medical equipment, or home modifications.
• Physical pain and suffering.
• Disability, scarring, and disfigurement.
• Emotional distress and loss of enjoyment of life.

Medical bills tell only part of the story. We also work to document how the injuries have affected your independence, responsibilities, relationships, and ability to earn a living.

When appropriate, qualified experts can help evaluate future care needs and the financial consequences of lasting injuries.

What to Do After an Injury on Someone Else’s Property

Your safety and medical care come first. If you can do so safely:

• Report the incident to the manager, owner, or appropriate representative. Ask whether an incident report was prepared and request a copy.
• Photograph the condition and surrounding area before anything changes, if possible.
• Identify witnesses and save their contact information.
• Record what happened, including the location, time, conditions, and statements made by employees or witnesses.
• Preserve relevant items, including footwear, clothing, receipts, tickets, waivers, and original photographs or recordings.
• Obtain medical attention and explain how the injury occurred.
• Keep records of treatment, expenses, missed work, and communications with the business or insurer.
• Understand any proposed settlement or release before signing.

If the business refuses to provide an incident report or insurance information, you can still seek legal advice. You do not need to resolve those issues before contacting us.

What If the Insurance Company Blames You?

An insurer may argue that you were distracted, ignored a warning, failed to watch where you were going, or voluntarily accepted the risk.

Those allegations should be tested against the evidence and the applicable law.

Under Florida’s comparative fault statute, an injured person’s share of responsibility can reduce compensation. In negligence cases subject to the current rule, a person found more than 50 percent responsible for their own harm cannot recover damages.

Surveillance footage, photographs, witness testimony, operating records, and maintenance documents can be important in addressing disputed responsibility.

We work to establish what happened and explain why the evidence supports your claim.

How Tonelli & Tonelli Helps

A premises liability case requires more than submitting medical bills to an insurance company. It requires identifying the dangerous condition or negligent conduct, establishing responsibility, and connecting the failure to the injuries.

We work to preserve evidence, investigate ownership and control, obtain relevant records, and identify available insurance coverage. When appropriate, we consult qualified experts concerning property conditions, facility layout, equipment, operations, security, or the consequences of the injuries.

We handle communications and negotiations with insurers and opposing counsel, explain significant developments, and help you evaluate decisions throughout the case.

Bill and Charity Tonelli bring more than 32 years of combined trial experience. That experience informs how we investigate disputed responsibility, question witnesses, evaluate expert testimony, and prepare evidence for presentation to a jury. We work to explain both how the injury occurred and how it has changed our client’s life.

If a fair resolution cannot be reached and litigation is necessary, we prepare to pursue your claim in court.

How Long Do You Have to File a Florida Premises Liability Lawsuit?

Under current Florida law, negligence claims are generally subject to a two-year filing deadline. The incident date, legal basis of the claim, and other circumstances can affect the deadline or create additional requirements. Claims involving government entities require separate analysis.

Do not assume that reporting an injury or negotiating with an insurer extends the time to file a lawsuit.

A claim may still be within the filing period after critical video has been erased, equipment repaired, or the property changed.

Seeking advice promptly allows an attorney to assess deadlines and take steps to protect evidence while you focus on recovery.

Contact Tonelli & Tonelli for a Free Premises Liability Consultation

If you or a loved one was seriously injured on unsafe property, at a theme park, or during a golf outing or other recreational activity, contact Tonelli & Tonelli.

Speaking with us is free, and there is no obligation to hire our firm. We will listen, review the circumstances, and explain whether a claim may be available.

You do not need every record or every answer before reaching out.

Call 407.883.HURT (407.883.4878) or contact us online.

Serving Winter Park, Orlando, Central Florida, and clients throughout Florida.