Can You Sue for a Slip and Fall in a Neighbor’s Backyard in Florida?

November 17, 2025

Dennis Hernandez

Slipping and falling on private residential property can result in severe injuries and thorny legal issues. In Florida, property owners — and yes, even neighbors know you’ve got to keep your yard clean — they have a duty to maintain safe premises. If you were injured due to unsafe conditions in somebody’s yard, you may have a valid personal injury claim.

And at Dennis Hernandez Injury Attorneys, we’ve collected millions and millions for injured victims all over the state. If you slip and fall on a neighbor’s piece of ground, we fight to get you paid!

What Legal Rights Do You Have After Falling On Private Property?

With a visit to someone else’s home, even informally, Florida law offers you some protections called private property premises liability. This rule of law means that residential property owners (and others) can be liable if they don’t maintain their property in a safe condition and someone gets hurt. For example, if a slip and fall occurs in Florida, the injured person may have legal recourse under these protections.

Whether you attend a birthday party, work in the yard, or walk to your neighbor’s back door to knock, you keep your legal rights intact. Florida law places visitors into three groups: invitees, licensees, and trespassers. Most guests fall into the first two groups, and property owners owe them a duty of care. That duty matters even more in slip-and-fall situations, which often lead to legal claims under Florida law.

What Makes A Slip And Fall Case Legally Actionable?

You will need to establish the following four elements in order to prove a homeowner was responsible for your slip and fall under Florida’s residential property laws.

Duty of care: The homeowner owed a legal duty to keep the premises in a reasonably safe condition.
Breach of duty: They did not fix or warn about a dangerous condition.
Causation: The dangerous state of the property lead, in a direct fashion, to the type of injuries that you suffered.
Damages: You were harmed, whether or not you lost money.

This liability framework has its roots in common law negligence and is controlled by Florida Statute § 768.0755, which concerns liability for transitory foreign substances on property; it is used analogously in cases involving residences.”

What Are Common Hazards That Lead to Backyard Falls?

Overlooked maintenance problems are the leading cause of residential property slip and fall injuries in Florida. Common backyard hazards include:

Uneven pavers and cracked patios
Slippery wooden decks after rain
Inadequate lighting on footpaths, stairs
Tree roots breaking through paths
Garden tools or hoses across pathways
Loose handrails or unstable staircases

Any of these conditions left unremedied for an extended period are especially harmful, and form a strong negligence claim.

What Injuries Often Occur From Backyard Falls?

Anything from a sprain to life-altering trauma can result from falling in a backyard. Common injuries include:

Fractured ankles, wrists, or hips
Spinal cord damage
Traumatic brain injuries
Torn ligaments
Shoulder dislocations
Chronic pain requiring long-term therapy

As reported by the Centers for Disease Control and Prevention (CDC), falls are the number one injury-related emergency room visit in the U.S., particularly among adults 65 and older.

What Steps Should You Take Immediately After The Fall?

Follow these immediate steps to protect your rights and bolster your case:

Get medical care: This establishes the nature and extent of your injuries and links them to the incident.
Photograph the scene: Take a picture of where you fell and any visible hazards.
Collect witness info: If anyone else witnessed the fall, ask for their names and contact information.
Inform the property owner: Notify them in writing about what happened.
Keep your shoes and clothes: They can be evidence one day.
Consult with a personal injury attorney: There is no reason to wait when it comes to seeking legal advice.

These are things that protect important evidence for or against your case.

What Is The Deadline To File A Lawsuit?

The statute of limitations for personal injury lawsuits in Florida is two years under Florida Statutes § 95.11 ((as amended in 2023). Waiting too long can result in forfeiting your right to seek compensation forever.

Adequate time to collect evidence, consult experts, and negotiate from a position of strength is also afforded to you by filing promptly.

Can You Still Sue If You Were Partially At Fault?

Yes, you can under Florida’s modified comparative negligence statute in § 768.81 — you just have to share no more than half of the blame for the fall.

For instance, if you are determined to be 30% at fault because you weren’t looking at where you were going, your final compensation in a residential property slip and fall Florida case would be reduced by that percentage. Your lawyer will use evidence and potentially expert testimony to prove that you are not responsible for the accident.

What Can You Be Compensated For?

If you have a slip and fall injury due to the neglect of a homeowner, you could be entitled to money for:

Past and future medical expenses
Wages lost and loss of ability to earn wages
Pain and suffering
Mental anguish
Loss of enjoyment of life
Permanent disability or disfigurement

In the most extreme cases of gross negligence, where an employer knows a serious hazard exists and consciously disregards it, punitive damages can be awarded as well.

What Defenses Might The Property Owner Use?

Homeowners frequently try to deny liability with one of the following arguments:

They were unaware of the hazard: You’ll have to prove they should have been aware.
The danger was obvious: They could argue that you should have realized it and steered clear of it.
You were technically trespassing: This might reduce or remove their duty of care.
You disregarded warning signs: Use of posted signage can be held against you.

An experienced personal injury attorney can predict these defenses and develop a game plan to combat them.

Why Hire A Personal Injury Lawyer For A Backyard Fall?

Legal claims for private property premises liability are seldom clear and simple. A good personal injury attorney will:

Research the property and note the danger
Get the maintenance records or neighborhood complaints
Obtain expert opinions from safety inspectors or engineers
Handle negotiations with insurers
Advocate for you in court if needed

At Dennis Hernandez Injury Attorneys, we have successfully resolved challenging premises liability cases with landlords, HOAs and even homeowners and their insurers. We fight to get you paid!

Can You Sue A Friend Or Relative?

Yes. Many individuals are understandably reluctant to sue a neighbor or friend, but consider this: In most of these cases, it’s not actually the individual who pays damages; it’s his or her homeowner’s insurance policy. In a residential property slip and fall Florida case, you’re not looking to ruin your neighbor’s finances—you want the health care and financial support to which you are entitled.

How Can Homeowners Prevent These Accidents?

Property owners can shield themselves against liability and safeguard visitors by:

Mending cracked concrete and broken steps
Installing adequate lighting
Cutting tree roots and overgrown vegetation
Securing loose handrails
Storing tools and hoses safely
Conducting regular safety inspections

Not only do these safety measures avoid accidents—they also protect the homeowner from legal liability.

What’s The Bottom Line For Slip And Fall Claims In Florida?

Not only are falls in someone else’s backyard extremely painful — they’re legally actionable when negligence is a factor. In a residential property slip and fall Florida case, by knowing your rights, gathering evidence, and consulting with an injury lawyer, you can help ensure that irresponsible property owners are held responsible and that you receive full compensation for your injuries.

We’ll worry about the legal process so that you can concentrate on recovering. We fight to get you paid!