In Florida, landowners are required to maintain their property in a reasonably safe condition for those whom they invite onto their land. As a general rule, a landowner must take care to either remedy all known hazards on their property or at least warn visitors of the presence of the hazard.
Importantly, a Florida slip-and-fall injury victim does not need to prove that the landowner had actual knowledge of a hazard in order to be successful. It is sufficient to establish that the landowner “should have known” about the hazard, given the surrounding circumstances. This is helpful to many Florida premises liability plaintiffs because landowners may not readily admit that they were aware of a hazard on their property.
Another wrinkle in Florida premises liability law is the state’s recreational use statute. Under Florida Statutes section 375.251, a landowner who allows their land to be used by the public for recreational purposes does not have a duty to keep the land safe or to warn those who use the land of any hazards. In order for the recreational use state to apply, the defendant cannot charge a fee for the use of their land. Additionally, the statute does not protect a landowner against “willful or malicious” conduct. However, this can be difficult to establish. A recent case illustrates a plaintiff’s attempt to establish a city’s “willful or malicious” conduct.