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A premises liability injury usually happens in a place you had every reason to expect would be safe. A grocery store. An apartment complex. A hotel lobby. A friend’s office building. The fall, the assault, the electrocution, the chemical exposure was not something you walked into expecting — but the property owner had a legal duty to prevent it, and they failed.
At Mickey Keenan, P.A., our Tampa premises liability lawyers represent people seriously injured on commercial and residential properties throughout Hillsborough County. Your fight is our fight. You are not a file number, and a premises liability case is not a claim our team treats like one.
With over 20 years of legal experience, 314 five-star Google reviews, and membership in the Million Dollar Advocates Forum, our firm is prepared to take on the property owners, insurers, and corporate defendants behind these claims.
Speak With a Tampa Premises Liability Lawyer at No Cost
The consultation is free and there are no fees unless we win. Call our Tampa office and speak directly with an attorney who has worked on both sides of these claims.
Call Mickey Keenan, P.A. at (813) 871-1300.
What Is Premises Liability Under Florida Law?
Premises liability is the area of Florida personal injury law that holds property owners legally responsible when their failure to maintain safe conditions causes harm to a lawful visitor. It covers a wider range of incidents than most people realize, extending well beyond the slip and fall cases that dominate public perception.
What duties do Tampa property owners owe their visitors?
Florida property owners owe different duties to different categories of visitors. Invitees, including customers, hotel guests, and tenants, are owed the highest duty of care: the owner must inspect for hazards, repair known dangers, and warn visitors of risks the visitor would not reasonably discover.
Licensees, including social guests, are owed a duty to warn of known dangers. Trespassers receive the least protection, though Florida law still prohibits intentional harm and gross negligence against them.
What does a Tampa premises liability claim actually require?
A successful claim requires proving four elements: the property owner owed a duty of care, the owner breached that duty, the breach directly caused the injury, and the injury produced compensable damages. The breach element is where most premises cases are won or lost. It requires evidence that the owner knew of the hazard or should have known.
How does Florida’s modified comparative negligence rule affect premises cases?
Under Florida’s 2023 modified comparative negligence standard, an injured visitor may recover compensation as long as they are not more than 50 percent responsible for the incident. Property owners and their insurers routinely argue that visitors caused or contributed to their own injuries. Countering that argument with surveillance footage, witness accounts, and incident reports is central to a successful claim.
What Types of Cases Does Premises Liability Cover in Tampa?
Premises liability in Tampa covers any injury caused by a property owner’s failure to maintain reasonably safe conditions, including slip and falls, negligent security incidents, swimming pool drownings, dog bites on commercial property, structural collapses, and toxic exposures.
| Case Type | Common Hazards |
|---|---|
| Slip and trip and fall | Wet floors, uneven walking surfaces, poor lighting, debris in walkways |
| Negligent security | Inadequate lighting, broken locks, absent or insufficient security personnel in foreseeable crime areas |
| Swimming pool incidents | Missing or broken fencing, absent lifeguards, broken drain covers, lack of warning signs |
| Structural and equipment failures | Collapsing stairs, faulty railings, defective elevators or escalators |
| Toxic and chemical exposure | Carbon monoxide, mold, chemical spills, lead contamination |
| Fire and electrical hazards | Inoperable smoke detectors, exposed wiring, code violations |
| Falling object incidents | Improperly stacked merchandise, unsecured ceiling fixtures, construction debris |
Negligent Security: When a Crime Becomes a Premises Case
Negligent security claims arise when a property owner’s failure to provide reasonable security measures allows a foreseeable criminal act to harm a visitor. Apartment complexes, hotels, parking garages, nightclubs, and convenience stores in high-crime areas all carry heightened security duties under Florida law.
How does Florida law evaluate foreseeability in negligent security claims?
Foreseeability is the central legal question in a negligent security case. Courts examine prior similar crimes on the property, area crime statistics, the property’s security history, and any complaints the owner received before the incident. When prior incidents put an owner on notice and they failed to upgrade lighting, hire security, or repair access controls, that failure supports the claim.
What security failures most commonly support a claim?
Inadequate lighting, broken or missing locks, malfunctioning access gates, and the absence of security personnel in properties with documented criminal activity are among the most common bases for negligent security claims. The owner’s response to prior incidents — or lack of response — often determines case outcome.
Property Owners Are Counting on You Not Calling a Lawyer
Premises insurers move fast to limit claims. Surveillance footage gets overwritten. Incident reports get filed in ways that benefit the property owner. Adjusters call within days with offers designed to close cases before the full injury picture emerges. Call before that process plays out.
Call Mickey Keenan, P.A. at (813) 871-1300. Free consultation, no fees unless we win.
What Injuries Result From Tampa Premises Liability Incidents?
Premises liability injuries range from soft tissue damage to permanent disability, with the severity depending heavily on the specific incident type. Falls in particular produce a disproportionate share of serious injuries, including spinal damage, traumatic brain injuries, and fractures that require surgery.
Falls and traumatic brain injuries
Falls account for a significant share of premises liability claims and produce a disproportionate number of TBI cases. Even falls from standing height can cause concussions, skull fractures, and lasting cognitive impairment when the head strikes a hard surface. Symptoms may not appear until hours or days after the fall, which makes prompt medical evaluation essential.
Why negligent security injuries are often catastrophic
Injuries caused by assaults on inadequately secured properties tend toward the severe end of the spectrum: gunshot wounds, stabbings, traumatic brain injuries from beatings, and psychological trauma that frequently meets the clinical threshold for PTSD. These cases require both physical injury documentation and mental health treatment records to support the full damages picture.
What Compensation Can Tampa Premises Liability Victims Recover?
Tampa premises liability victims may pursue economic damages for measurable financial losses and non-economic damages for the personal impact of their injuries. In serious cases involving permanent injury or assault, recovery can extend into substantial figures.
| Damage Type | Description |
|---|---|
| Medical expenses | ER care, surgery, hospitalization, physical therapy, and projected future treatment |
| Lost wages and earning capacity | Income lost during recovery and any permanent reduction in ability to work |
| Pain and suffering | Chronic physical pain resulting from injuries |
| Emotional distress | PTSD, anxiety, and depression — particularly significant in assault and negligent security cases |
| Loss of enjoyment of life | Inability to participate in activities, relationships, or daily life previously possible |
| Disability accommodations | Home modifications and equipment needed after a serious injury |
| Wrongful death damages | Funeral costs, loss of financial support, and loss of companionship for surviving family |
What Florida Laws Apply to Tampa Premises Liability Claims?
Florida’s personal injury legal framework governs premises liability claims through the statute defining a business invitee’s duty under Fla. Stat. § 768.0755, the modified comparative negligence standard, and the two-year statute of limitations.
Florida’s transitory foreign substance statute
Fla. Stat. § 768.0755 governs slip and fall claims involving transitory foreign substances (spills, debris, and similar hazards) at businesses. The statute requires the injured person to prove the business had actual or constructive knowledge of the hazard. Constructive knowledge can be shown by demonstrating the hazard existed long enough that the business should have discovered it, or that the condition recurred regularly enough to be foreseeable.
Florida’s two-year statute of limitations
Under Fla. Stat. § 95.11(3)(a), premises liability victims have two years from the date of the incident to file a personal injury lawsuit, a deadline shortened from four years in 2023.
Why Choose Mickey Keenan, P.A. as Your Tampa Premises Liability Lawyer
Mickey Keenan, P.A. represents premises liability victims throughout the Tampa Bay area, with case results that include a $550,000 retail slip and fall settlement and a $50,000 recovery for a restaurant patron assaulted by security personnel — a textbook negligent security case where the property’s own employees became the source of harm.
How does Mickey Keenan’s insurance defense background benefit premises liability victims?
Mickey Keenan spent years defending property owners and their commercial insurers. He knows how those insurers investigate claims, document visitor conduct to build comparative fault arguments, and use prior incident reports selectively.
One pattern he saw constantly: the insurer would obtain surveillance footage from before and after the incident — but not the moment itself — and argue that visitor inattention caused the fall. Mickey now uses that knowledge to demand complete footage, full incident report histories, and prior complaint records that property owners frequently leave out of initial disclosures.
Direct attorney access throughout your case
Premises cases often involve corporate defendants and multiple insurers. Clients at Mickey Keenan, P.A. communicate directly with their attorney from day one and receive Mickey’s personal cell number.
Prepared to litigate against commercial property insurers
Major retail chains, hotel groups, and apartment complex operators carry experienced legal teams. Mickey Keenan, P.A. is fully prepared to take premises liability cases to trial when the insurer refuses to offer fair compensation.
No fees unless we win
Our firm handles premises liability cases on a contingency fee basis with no upfront costs. You pay nothing unless we recover compensation on your behalf.
FAQ for Tampa Premises Liability Lawyer
Can I file a premises liability claim if I was injured at a private home in Tampa?
Yes. Homeowners owe a duty of care to lawful visitors, including social guests. Homeowner’s insurance typically covers premises liability claims, which means filing a claim against a friend or family member’s insurance does not result in personal financial harm to them.
What if I was injured at a business but did not buy anything?
You are still considered a business invitee in Florida if you were on the property for purposes connected to the business — browsing, accompanying a paying customer, or entering with intent to purchase. The duty of care applies regardless of whether you completed a transaction.
How do you prove a property owner knew about a hazard?
Proof can come from prior incident reports involving the same hazard, employee statements, maintenance records, photographs showing the hazard existed for an extended period, or evidence of a recurring condition. An attorney can subpoena records the owner will not voluntarily disclose.
Can I file a claim if my child was injured on someone else’s property?
Yes. Florida law provides additional protections for children, including the attractive nuisance doctrine, which holds property owners responsible when children are injured by foreseeable hazards like unfenced pools or accessible construction sites. Parents may file claims on behalf of injured minor children.
What if I was injured at a property the owner does not occupy, like a rental?
The property owner, the property management company, and the tenant may all share liability depending on who controlled the area where the injury occurred and who was responsible for the specific hazard. An attorney can identify all potentially liable parties and pursue claims against each appropriate insurance policy.
Does the property’s insurance cover assaults committed by third parties?
In a negligent security case, yes. The property owner’s commercial general liability insurance typically covers injuries caused by third-party criminal acts when the owner’s security failures made the crime foreseeable. The criminal act does not eliminate the property owner’s liability for failing to prevent it.
When a Safe Place Was Not Safe: Call Mickey Keenan, P.A.
You went somewhere you had every reason to expect would be safe. It was not. The property owner failed in a duty they owed you, and now you are dealing with the consequences.
Mickey Keenan, P.A. is ready to hold them accountable. The consultation is free.
Call Mickey Keenan, P.A. at (813) 871-1300.
Mickey Keenan, P.A. 2011 W. Cleveland Street Tampa, FL 33606 (813) 871-1300