Understanding Premises Liability and Assumption of Risk in Florida: Legal Considerations

When we step onto someone else’s property, we expect a safe environment. Unfortunately, accidents can happen, and when they do, it’s crucial to understand the legal principles that govern such situations. In Florida, premises liability and the concept of assumption of risk play a significant role in determining who is responsible for injuries that occur on someone’s property. In this blog post, we’ll delve into the intricacies of premises liability and assumption of risk in Florida, providing you with a comprehensive understanding of these legal considerations.

What is Premises Liability?

Injuries sustained on private property are the responsibility of the owner under the legal doctrine of “premises liability,” which holds them liable if they have been negligent or have failed to provide a reasonably safe environment for visitors. In Florida, property owners have a duty to keep their premises reasonably safe and to warn visitors of any known hazards. 

Visitors fall into three main categories: invitees, licensees, and trespassers. The level of care owed to each category varies, with invitees receiving the highest level of protection.

  • Invitees: These are individuals who are invited onto the property for business purposes or mutual benefit, such as customers in a store. Property owners have a duty to inspect their premises, fix any hazards, and warn invitees of any potential dangers.
  • Licensees: These are individuals who are on the property with the owner’s permission but for their own purposes, such as social guests. Property owners must warn licensees of any known hazards but do not have an obligation to inspect the premises.
  • Trespassers: These are individuals who enter the property without permission. Property owners generally do not owe a duty of care to trespassers unless the trespasser is a child or there are hidden dangers present.

Understanding Assumption of Risk

Assumption of risk is another legal concept that can affect premises liability cases in Florida. Assumption of risk arises when a person voluntarily engages in an activity with knowledge of the risks involved. By participating willingly, the individual accepts responsibility for any resulting injuries.

Types of Assumption of Risk

Express Assumption of Risk: This occurs when a person explicitly agrees, either verbally or in writing, to waive their right to sue for injuries resulting from a specific activity. For example, signing a liability waiver before participating in a high-risk sport.

Implied Assumption of Risk: This type of assumption of risk arises when the injured party’s behavior demonstrates their awareness and acceptance of the risks associated with an activity. For instance, participating in a sporting event with known inherent risks.

It’s important to note that even if assumption of risk is established, property owners still have a duty to maintain a reasonably safe environment and prevent intentional or willful harm.

Proving Negligence in Premises Liability Cases

To succeed in a premises liability case in Florida, the injured party (plaintiff) must prove the following elements:

  • The property owner had a duty of care towards the injured party.
  • The property owner breached that duty by failing to maintain a safe environment or warn of hazards.
  • The breach of duty was the proximate cause of the injuries sustained by the plaintiff.
  • The plaintiff suffered actual damages as a result of the injuries.


Premises liability and assumption of risk are crucial legal considerations when it comes to injuries sustained on someone else’s property in Florida. Understanding these concepts can help you navigate the legal landscape and determine liability in case of an accident. If you find yourself in such a situation, it is advisable to consult with a qualified personal injury attorney who can guide you through the complex process and protect your rights. Remember, a safe environment is a shared responsibility, and knowing your rights is essential to ensuring your well-being in any situation.