When an unsafe property causes a serious injury, Florida law puts the burden on you to prove the owner knew. Forty years of doing exactly that — slip-and-falls, negligent security, unsafe premises across Broward County. No fee unless we recover for you.
No. Under Fla. Stat. § 768.0755, you must prove the business had actual or constructive knowledge of the dangerous condition and should have fixed it. A spill that happened 30 seconds before you fell may not be enough; one that sat for an hour is. Proving that takes evidence.
"I assumed the store would just take responsibility."
The single most important piece of evidence in most premises cases is the security footage — and stores routinely overwrite it within days unless a preservation letter demands they keep it. Waiting to call an attorney is how the proof disappears.
"By the time I asked, they said the video was already recorded over."
Florida's modified comparative negligence rule (Fla. Stat. § 768.81, amended 2023) lets the property owner shift fault onto you. If they convince a jury you were more than 50% responsible, you recover nothing — so they will try.
"They acted like the wet floor was somehow my fault."
Florida's 2023 reform (Fla. Stat. § 768.0706) gives apartment owners a presumption against liability for crime on the property if they installed certain security measures. Negligent-security cases now require an attorney who knows how that presumption is rebutted.
"They said they'd done everything required, so it wasn't on them."
Premises liability is one of the areas Florida's 2023 tort reform changed most. The rules below are current as of the March 24, 2023 reform (HB 837) and the negligent-security statute that followed.
Fla. Stat. § 768.0755
To recover for a slip-and-fall on a transitory foreign substance in a business, you must prove the establishment had actual or constructive knowledge of the condition. Constructive knowledge is shown when the condition existed long enough that it should have been discovered, or occurred so regularly it was foreseeable. This burden is why early evidence matters.
Common Law — Duty of Care
A property owner's duty depends on why you were there. A business invitee (a customer) is owed the highest duty: to maintain reasonably safe premises and warn of concealed dangers. A licensee (social guest) and a trespasser are owed less. Establishing your status is the first step in any premises claim.
Fla. Stat. § 768.0706 enacted 2023
Owners of multifamily residential property who substantially implement specified security measures — lighting, locks, cameras, and a security assessment — receive a presumption against liability for crimes committed by third parties. Rebutting that presumption in a negligent-security case takes an attorney who knows the statute.
§ 768.81 & § 95.11(4)(a) amended 2023
Under modified comparative negligence (§ 768.81), being found more than 50% at fault bars recovery entirely; at 50% or less, your award is reduced by your share. And the deadline to file dropped from four years to two (§ 95.11(4)(a)) for claims arising on or after March 24, 2023.
This page provides general information about Florida premises liability law and is not legal advice. Statutes and case law change; your specific case requires a consultation.
Broward County's dense mix of retail, tourism, and high-rise residential living creates premises hazards most other counties don't. We've handled cases across all of them.
If you were hurt on a Broward property, call (954) 572-8000 and tell us where it happened — the sooner we act, the more evidence we can preserve.
$800,000
Premises Liability
Wrongful death
Settlement · 2018
$500,000
Premises Liability
Broken bones / amputation
Settlement · 2017
$144,000
Assault & Battery
Bodily injury
Settlement · 2018
$112,500
Negligent Security
Wrongful death
Settlement · 2019
$90,000
Slip & Fall
Bodily / facial injury
Settlement · 2021
Past results do not guarantee future outcomes. Each case is unique and must be evaluated on its own merits.
A premises case is built in the first days — before the footage is overwritten and the floor is mopped.
Premises liability is an evidence race. The store, hotel, or apartment complex has an incident-report system, a risk-management department, and a defense firm on retainer — and the proof that wins your case is in their hands, on a timer.
When you call DiStefano Law, Robert DiStefano personally directs the investigation: a preservation letter for the surveillance video, the incident report, the maintenance and cleaning logs, prior-incident history (critical in negligent-security cases), and witness statements while memories are fresh. That groundwork — not a demand letter months later — is what forces a fair result.
Founding Attorney · Admitted 1982 · J.D., Nova Southeastern
Robert has spent more than forty years holding Broward County property owners and their insurers accountable for preventable injuries. When you call DiStefano Law, you reach Robert directly — the same attorney who will preserve the evidence, build the case, and try it if the offer isn't fair.
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Lisa Marie Santamarta, Esq.
Bilingual — English & Spanish
Lisa Marie Santamarta handles personal-injury, medical malpractice, and immigration matters for clients throughout Florida, and has practiced in South Florida since 2011. Like every attorney at DiStefano Law, she handles your matter personally, without an intake call center or a rotating roster of associates.
Fluent in English and Spanish, she can guide you through an accident claim or the immigration system in the language you are most comfortable speaking.
Same-day response, Monday through Friday. Free case evaluation. No fee unless we recover for you.
(954) 572-8000