Must The Defendant Own The Property To Have To Pay?
Must The Defendant Own The Property To Have To Pay?
As a general rule, property owners are not liable for accidents and injuries that occur outside their property limits. However, there are some important exceptions to that general rule (which not all slip and fall attorneys will necessarily consider when evaluating or even pursuing a slip and fall case). Please do not make the mistake of assuming every Florida slip and fall attorney will be aware of these exceptions or other nuances in Florida slip and fall law. As serious personal injury lawyers in Orlando, we deeply consider all aspects of any case before agreeing to represent someone. But after we’ve made the decision, no one will fight harder to get the most money in your case.
Property Owner Liable For Slip & Fall Accidents On Someone Else’s Property
There is a line of cases establishing a narrow exception to the general rule, in Florida slip and fall cases, essentially suggesting that IF the property owner invited, required or encouraged their guests or others to utilize some piece of property other than their own, that property owner can still be liable for injuries caused in a slip and fall accident (even though the slip and fall (or other) accident did NOT occur on their property).
Hotel With Insufficient Parking Premises Liability Case
For example, in one reported case, a hotel did not have enough parking for the patrons of the hotel bar. So the hotel required some of their guests to park on nearby property (off the hotel’s property). Then one night a fight started between a group of hotel patrons (in the parking lot where the hotel guests were required to park). Very sadly, someone lost their life due to a gun shot wound. The Florida courts held that the hotel was liable for that wrongful death, even though the event took place on someone else’s property.
Slip & Fall Case On Apartment Dog Walk
In another reported case, a woman was injured when she slipped and fell on some tree roots, while walking her dog on a designated “dog walk” near her apartment complex. The apartment complex did not own the land where the dog walk was located. But, the apartment complex actually required their guests to utilize the dog walk (in the apartment lease). They also encouraged the use of the trail in other ways and performed occasional maintenance on the dog walk. In that case, the court found that the apartment complex had essentially invited their guests to use the dog walk.
Theater Caused Car Accident–Liable As A Property Owner For Premises Liability
In another case, a court held that a bar was liable for a car accident that occurred off the property of a drive-in theater because the theater caused traffic congestion, which contributed to the accident.
Exceptions Require Careful Factual Investigation By Your Slip & Fall Attorney
The bottom line is that certain facts could lead a property owner to be liable for injuries that occur on someone else’s property, but those cases are relatively rare exceptions. However, this fact-intensive possible argument in a slip and fall case is a good example of why you need to talk to an Orlando slip and fall attorney who is going to carefully consider all of the facts that might impact your case (and then have the skill & creativity to use those arguments in court). Slip and fall cases are always factually and legally complicated. One of a slip and fall attorney’s MOST important tasks is to think creatively to make written and verbal arguments on your behalf, often based on prior cases. Creative arguments are not (at all) created equal. Many slip and fall attorneys (or, more likely, untrained staff answering calls) perform absolutely no research before accepting or declining cases. Do not trust your case evaluation to a paralegal or intake assistant answering a phone at a big settlement mill law firm. I’m a former law professor & former big firm defense attorney turned plaintiffs’ attorney. You can call or text me anytime & speak with an experienced slip and fall attorney very quickly. In slip and fall cases, I generally must ask very detailed questions about the facts before giving an opinion regarding the strengths or weaknesses of any slip and fall case. Consultations never cost you anything until I win your case.
Keep Reading: Slip & Fall
Slip and Fall: Critical Warnings For Florida Clients
Slip and fall accidents can lead to serious injuries, sometimes requiring multiple surgeries or even resulting in brain trauma.
Orlando Slip And Fall: Hire The Best
In the law, "slip and fall" cases are technically governed by premises liability law. This law governs slip and fall accidents that occur in places where you might walk and fall.
Did You Slip & Fall On Trash Or Liquid?
One somewhat complicated area of Florida’s slip and fall law involves the precise cause of your fall. In short, the precise cause of your fall matters a LOT, in terms of whether the property owner might be liable for your injuries.
Tina Willis, Orlando Personal Injury & Car Accident Lawyer
Hello! I'm Tina Willis, a serious injury, accident & wrongful death lawyer based in Orlando, Florida. I graduated second in my law school class (1997) and taught federal civil procedure & legal writing at Barry University in Orlando. Before representing injury victims, I worked for a major defense firm representing excess insurers, including Lloyd's of London, where we oversaw the work of regular insurance defense lawyers on large verdict cases. So I know their defense tactics, and what it takes to maximize car and big truck accident cases.
I work with a small group of highly experienced lawyers focused on moderate to catastrophic injury and wrongful death cases: car accidents, commercial & semi-truck crashes, medical malpractice, and slip and fall accidents. We are trial attorneys who stay accessible to our clients, and we've recovered multi-millions for clients throughout Florida.
Voted a top-three winner for Best Personal Injury Firm and Best Law Firm in Orlando Weekly's 2026 Best of Orlando readers' poll.