When someone is injured on another person’s property, the right to seek compensation falls under what’s known as premises liability law. However, even the strongest personal injury case can be lost if the injured person waits too long to take legal action. In Florida, strict deadlines known as statutes of limitations govern how long you have to file a premises liability claim.
This article explains what these statutes mean, how long you have to file a claim, exceptions that may apply, and why timing is critical for your case.
Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining safe conditions on their premises. When someone is injured because of a dangerous or defective condition on the property, the injured party may be able to recover damages for medical expenses, lost income, pain and suffering, and more.
Common examples of premises liability cases include:
Slip and fall accidents caused by wet floors, uneven surfaces, or poor lighting.
Trip and fall accidents due to broken stairs, loose carpeting, or obstacles in walkways.
Negligent security leading to assault or robbery on commercial properties.
Swimming pool accidents caused by lack of supervision or safety barriers.
Dog bites occurring on private or commercial property.
The strength of a premises liability claim depends not only on proving negligence but also on acting within Florida’s legal time limits.
Under Florida Statutes § 95.11(4)(a), most premises liability claims—like other negligence-based personal injury cases—must be filed within two years of the date of the injury.
If you were injured on someone else’s property, you generally have two years from the date of the accident to file a lawsuit in civil court. Missing this deadline usually means losing your right to pursue compensation altogether, regardless of how serious your injuries are or how strong your evidence may be.
Failing to file your claim before the statute of limitations expires can have severe consequences:
Loss of Legal Rights – Courts will almost always dismiss a lawsuit filed after the deadline, no matter how compelling your case is.
Weakened Evidence – Over time, critical evidence can disappear—security footage can be erased, witnesses’ memories fade, and physical hazards can be repaired.
Reduced Negotiation Leverage – Insurance companies are more likely to deny or undervalue your claim if they know the filing deadline has passed.
Acting quickly ensures your attorney can investigate thoroughly and preserve all necessary evidence to strengthen your case.
The statute of limitations generally starts on the date of the accident—the moment you were injured. For example:
If you slipped on a wet grocery store floor on January 1, 2025, you would typically have until January 1, 2027 to file a premises liability lawsuit.
However, there are circumstances where the “clock” may start later or be temporarily paused.
Although Florida courts strictly enforce filing deadlines, certain exceptions can extend or delay the statute of limitations. Here are a few key situations where the time limit might differ:
If an injury wasn’t immediately apparent, the statute may begin when the injury was discovered or should have been discovered with reasonable diligence.
Example: A tenant exposed to toxic mold may not realize the harm until months later. In such cases, the filing period might start from the date of discovery rather than the date of exposure.
If the victim is under 18 years old, Florida law allows the statute of limitations to be tolled (paused) until the child turns 18. However, in most cases, the claim must still be filed within seven years of the injury, regardless of age.
If the injured person is legally incapacitated at the time of the accident, the statute may be paused until they regain capacity, up to a maximum of seven years.
If a property owner deliberately hides or misrepresents facts to prevent a victim from discovering their injury or the cause, the statute may be extended.
If your claim is against a government entity (like a city or county), you must first provide written notice of the claim within three years (or two years for wrongful death cases) before filing a lawsuit. This process is governed by Florida Statutes § 768.28, and the overall timeline is shorter and more complex.
Because these exceptions are narrow and fact-specific, it’s essential to consult with an experienced Florida premises liability attorney as soon as possible.
In March 2023, Florida passed House Bill 837, which reduced the statute of limitations for most negligence claims—from four years down to two years.
This change applies to accidents that occur on or after March 24, 2023.
If your premises liability injury happened before that date, the previous four-year limitation period may still apply.
Understanding which deadline governs your specific case can be tricky, and missing the distinction could jeopardize your claim.
Because the statute of limitations starts immediately after an incident, taking prompt action is crucial. Here’s what to do to preserve your right to compensation:
Report the Incident – Notify the property owner, manager, or security staff immediately and request an incident report.
Document the Scene – Take photographs or videos of the hazard, your injuries, and any visible safety violations.
Seek Medical Attention – Even minor injuries should be evaluated by a healthcare provider to establish a medical record.
Gather Witness Information – Collect names and contact details of anyone who saw the accident.
Consult a Lawyer Early – A Florida premises liability attorney can identify applicable deadlines, handle communications with insurers, and file your claim before the statute expires.
The sooner you act, the more effectively your attorney can gather evidence and build your case.
At Sahil Vijay Law, PLLC, we understand how overwhelming it can be to deal with injuries, medical bills, and insurance adjusters—all while navigating Florida’s complex legal deadlines. Our legal team provides:
Comprehensive Case Evaluation – We review the facts, determine liability, and explain how the statute of limitations applies to your situation.
Thorough Investigation – We gather evidence, interview witnesses, and consult experts to prove negligence.
Aggressive Representation – Whether through negotiation or litigation, we fight for the compensation you deserve.
Personalized Support – You’ll work directly with an attorney who keeps you informed and involved throughout the process.
Time is not on your side in premises liability cases. Our firm helps ensure you don’t lose your right to justice due to a missed filing deadline.
The statute of limitations for premises liability claims in Florida is generally two years, but the exact time frame depends on the circumstances of your case. Exceptions exist, but they are limited and often complex. Waiting too long to act can mean losing your right to hold negligent property owners accountable.
If you or a loved one has been injured on someone else’s property, contact Sahil Vijay Law, PLLC as soon as possible. We can evaluate your case, preserve crucial evidence, and ensure all filings are made on time.
Disclaimer: This article provides general information and should not be construed as legal advice. You should consult with an attorney for guidance on their specific circumstances.
If you would like to speak to an attorney at Sahil Vijay Law, PLLC, please click here.
When someone is injured on another person’s property, the right to seek compensation falls under what’s known as premises liability law. However, even the strongest personal injury case can be lost if the injured person waits too long to take legal action. In Florida, strict deadlines known as statutes of limitations govern how long you have to file a premises liability claim.
This article explains what these statutes mean, how long you have to file a claim, exceptions that may apply, and why timing is critical for your case.
Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining safe conditions on their premises. When someone is injured because of a dangerous or defective condition on the property, the injured party may be able to recover damages for medical expenses, lost income, pain and suffering, and more.
Common examples of premises liability cases include:
Slip and fall accidents caused by wet floors, uneven surfaces, or poor lighting.
Trip and fall accidents due to broken stairs, loose carpeting, or obstacles in walkways.
Negligent security leading to assault or robbery on commercial properties.
Swimming pool accidents caused by lack of supervision or safety barriers.
Dog bites occurring on private or commercial property.
The strength of a premises liability claim depends not only on proving negligence but also on acting within Florida’s legal time limits.
Under Florida Statutes § 95.11(4)(a), most premises liability claims—like other negligence-based personal injury cases—must be filed within two years of the date of the injury.
If you were injured on someone else’s property, you generally have two years from the date of the accident to file a lawsuit in civil court. Missing this deadline usually means losing your right to pursue compensation altogether, regardless of how serious your injuries are or how strong your evidence may be.
Failing to file your claim before the statute of limitations expires can have severe consequences:
Loss of Legal Rights – Courts will almost always dismiss a lawsuit filed after the deadline, no matter how compelling your case is.
Weakened Evidence – Over time, critical evidence can disappear—security footage can be erased, witnesses’ memories fade, and physical hazards can be repaired.
Reduced Negotiation Leverage – Insurance companies are more likely to deny or undervalue your claim if they know the filing deadline has passed.
Acting quickly ensures your attorney can investigate thoroughly and preserve all necessary evidence to strengthen your case.
The statute of limitations generally starts on the date of the accident—the moment you were injured. For example:
If you slipped on a wet grocery store floor on January 1, 2025, you would typically have until January 1, 2027 to file a premises liability lawsuit.
However, there are circumstances where the “clock” may start later or be temporarily paused.
Although Florida courts strictly enforce filing deadlines, certain exceptions can extend or delay the statute of limitations. Here are a few key situations where the time limit might differ:
If an injury wasn’t immediately apparent, the statute may begin when the injury was discovered or should have been discovered with reasonable diligence.
Example: A tenant exposed to toxic mold may not realize the harm until months later. In such cases, the filing period might start from the date of discovery rather than the date of exposure.
If the victim is under 18 years old, Florida law allows the statute of limitations to be tolled (paused) until the child turns 18. However, in most cases, the claim must still be filed within seven years of the injury, regardless of age.
If the injured person is legally incapacitated at the time of the accident, the statute may be paused until they regain capacity, up to a maximum of seven years.
If a property owner deliberately hides or misrepresents facts to prevent a victim from discovering their injury or the cause, the statute may be extended.
If your claim is against a government entity (like a city or county), you must first provide written notice of the claim within three years (or two years for wrongful death cases) before filing a lawsuit. This process is governed by Florida Statutes § 768.28, and the overall timeline is shorter and more complex.
Because these exceptions are narrow and fact-specific, it’s essential to consult with an experienced Florida premises liability attorney as soon as possible.
In March 2023, Florida passed House Bill 837, which reduced the statute of limitations for most negligence claims—from four years down to two years.
This change applies to accidents that occur on or after March 24, 2023.
If your premises liability injury happened before that date, the previous four-year limitation period may still apply.
Understanding which deadline governs your specific case can be tricky, and missing the distinction could jeopardize your claim.
Because the statute of limitations starts immediately after an incident, taking prompt action is crucial. Here’s what to do to preserve your right to compensation:
Report the Incident – Notify the property owner, manager, or security staff immediately and request an incident report.
Document the Scene – Take photographs or videos of the hazard, your injuries, and any visible safety violations.
Seek Medical Attention – Even minor injuries should be evaluated by a healthcare provider to establish a medical record.
Gather Witness Information – Collect names and contact details of anyone who saw the accident.
Consult a Lawyer Early – A Florida premises liability attorney can identify applicable deadlines, handle communications with insurers, and file your claim before the statute expires.
The sooner you act, the more effectively your attorney can gather evidence and build your case.
At Sahil Vijay Law, PLLC, we understand how overwhelming it can be to deal with injuries, medical bills, and insurance adjusters—all while navigating Florida’s complex legal deadlines. Our legal team provides:
Comprehensive Case Evaluation – We review the facts, determine liability, and explain how the statute of limitations applies to your situation.
Thorough Investigation – We gather evidence, interview witnesses, and consult experts to prove negligence.
Aggressive Representation – Whether through negotiation or litigation, we fight for the compensation you deserve.
Personalized Support – You’ll work directly with an attorney who keeps you informed and involved throughout the process.
Time is not on your side in premises liability cases. Our firm helps ensure you don’t lose your right to justice due to a missed filing deadline.
The statute of limitations for premises liability claims in Florida is generally two years, but the exact time frame depends on the circumstances of your case. Exceptions exist, but they are limited and often complex. Waiting too long to act can mean losing your right to hold negligent property owners accountable.
If you or a loved one has been injured on someone else’s property, contact Sahil Vijay Law, PLLC as soon as possible. We can evaluate your case, preserve crucial evidence, and ensure all filings are made on time.
Disclaimer: This article provides general information and should not be construed as legal advice. You should consult with an attorney for guidance on their specific circumstances.
If you would like to speak to an attorney at Sahil Vijay Law, PLLC, please click here.
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Orlando, FL 32801
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