Losing a loved one is always devastating. But when that loss happens because a property owner failed to keep their premises safe, the pain is often compounded by anger, confusion, and unanswered questions. In Florida, wrongful death cases caused by premises liability are tragically more common than many people realize — and they often stem from hazards that could have been easily prevented.
From poorly maintained apartment complexes to unsafe commercial properties, dangerous conditions can turn an ordinary day into a life-altering tragedy. Understanding how premises liability and wrongful death intersect is essential for families seeking accountability and justice.
What Is Premises Liability Under Florida Law?
Premises liability refers to the legal responsibility of property owners and managers to maintain reasonably safe conditions for visitors. In Florida, this duty applies to many types of properties, including:
- Shopping centers and retail stores
- Apartment complexes and condominiums
- Hotels and resorts
- Nursing homes and assisted living facilities
- Parking garages and parking lots
- Private residences (in certain situations)
Property owners are expected to identify hazards, repair dangerous conditions, and warn visitors of risks that are not immediately obvious. When they fail to do so, and someone is seriously injured or killed as a result, they may be held legally responsible.
How Premises Liability Can Lead to Wrongful Death
While many premises liability cases involve non-fatal injuries, some hazards are severe enough to cause death. These incidents are often sudden and shocking, leaving families unprepared.
Common scenarios that lead to wrongful death include:
- Slip and fall accidents causing fatal head or spinal injuries
- Falls from heights, such as staircases, balconies, or construction areas
- Drowning accidents in poorly secured pools or bodies of water
- Fires or explosions due to code violations or faulty maintenance
- Violent crimes resulting from negligent security
- Electrocution from exposed wiring or unsafe electrical systems
In many of these cases, the danger was known — or should have been known — by the property owner.
The Role of Negligence in Wrongful Death Claims
To successfully pursue a wrongful death claim based on premises liability, it must be shown that negligence played a role. In Florida, negligence generally involves four key elements:
- 1.
- Duty of Care – The property owner owed a legal duty to keep the premises safe
- 2.
- Breach of Duty – That duty was violated through action or inaction
- 3.
- Causation – The unsafe condition directly caused the fatal incident
- 4.
- Damages – The death resulted in measurable losses to surviving family members
Proving negligence often requires a detailed investigation, including property records, surveillance footage, maintenance logs, and witness testimony.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida’s Wrongful Death Act is specific about who may bring a claim. Typically, the lawsuit is filed by the personal representative of the deceased’s estate, on behalf of surviving family members such as:
Recoverable damages may include:
- Funeral and burial expenses
- Loss of financial support and services
- Loss of companionship and protection
- Mental pain and suffering
- Medical expenses related to the final injury
Each case is unique, and damages depend on the circumstances of the death and the surviving family structure.
Premises Liability and Nursing Home Wrongful Deaths
One particularly heartbreaking category involves nursing home abuse and neglect. Elderly residents are especially vulnerable to unsafe conditions such as:
- Wet floors without warning signs
- Broken handrails or uneven flooring
- Inadequate supervision
- Poorly trained staff
- Unsafe beds or medical equipment
When neglect leads to fatal falls, untreated injuries, or medical complications, the facility may be liable for wrongful death. These cases often overlap with medical malpractice and require careful legal analysis.
Why These Cases Are Often Challenging
Premises liability wrongful death cases are rarely straightforward. Property owners and their insurance companies frequently argue that:
- The hazard was “open and obvious”
- The victim was partially or fully at fault
- The owner had no prior knowledge of the condition
- The death was caused by an unrelated medical issue
Because of these defenses, families benefit from working with attorneys who understand how to build strong, evidence-backed cases and counter these arguments effectively.
How Moore Payne Helps Families Seek Justice
At Moore Payne, we understand that a wrongful death lawsuit is about more than compensation — it’s about accountability, closure, and preventing future tragedies.
Our legal team approaches these cases with:
- Thorough investigations into property conditions
- Collaboration with safety and medical experts
- Aggressive negotiation with insurance carriers
- Compassionate support for grieving families
We handle the legal burden so families can focus on healing, while we fight to hold negligent property owners responsible.
Taking the First Step Toward Accountability
If your loved one lost their life due to unsafe property conditions in Orlando or anywhere in Florida, you do not have to face this alone. Understanding your legal rights is the first step toward justice.
Moore Payne is committed to helping families navigate wrongful death and premises liability claims with clarity, care, and determination.
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