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Slip and Fall Lawsuit in Florida

Slip and Fall Lawsuit in Florida

Leverage 40 years of experience in filing these lawsuits to understand your rights and settlement values. Get help recovering damages to make you whole again.

In this article, we’ll break down:

If you’ve been injured due to a slip, trip or fall, you may be wondering if you’re eligible to file a slip and fall lawsuit in Florida. Taking a person or company to court can feel overwhelming, but help is available. Learning how the process works is the first step towards seeking justice and compensation for your injuries. Whether your accident occurred at a grocery store, condo complex, or public place, it’s critical to know your rights, responsibilities, and what you may be entitled to recover.

Slip and fall accidents often happen in the blink of an eye, but the effects can be long-lasting. This article breaks down Florida law in plain terms to help you decide whether litigation makes sense in your circumstances. It also helps you understand what proof you need to have a chance of winning your lawsuit, and what steps to take if you do want to go to court.

Do You Meet The Requirements For Filing a Lawsuit That Can Be Successful?

To successfully file a slip and fall lawsuit, you must prove the property owner was negligent and that their negligence directly led to the accident. You must also prove that the accident caused loss or injury to you. A property owner would be considered negligent if they have failed in their legal duty to maintain the premises in a reasonably safe condition. However, in Florida, a victim can only recover damages if the property owner is found to be 50% or more at fault.

Property owners have a duty of care to people visiting their property. This rule applies to all types of property owners, including condo associations, which must maintain common areas such as sidewalks, parking garages, and grassy areas.

Property owners have a responsibility to repair known dangers, warn visitors, and monitor for hazards. If they have failed to do these things, for example by not taking action to fix a loose paving stone, replace a broken light, or put up warning signs around a dangerous area, then they could be deemed at fault for any accidents caused by those hazards.

Proving negligence can be difficult in some cases — for example, if the slip or fall was caused by something like litter, rainwater, or a spilled drink. Under Florida law, when someone slips on a transitory foreign substance in a business establishment, the injured party must prove that the business had actual or constructive knowledge of the hazard and failed to act.

Constructive knowledge may be proven by showing that:

  • The substance was there long enough that the business should have discovered it
  • The condition occurred regularly and was therefore foreseeable

Establishing negligence and meeting the legal requirements for a successful slip and fall lawsuit can be complex, especially when dealing with transitory hazards. Understanding how Florida law applies to business establishments is crucial, as it sets specific standards for proving liability in these cases.

What Is the Law on Slip and Falls at Business Establishments?

In Florida, slip and fall accidents that occur inside a business establishment—such as a supermarket, hotel, gas station, or retail store—are governed by a specific statute: Florida Statute § 768.0755. This statute states:

(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:

(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or

(b) The condition occurred with regularity and was therefore foreseeable.

(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.

However, not all falls are caused by foreign substances. Many slip and fall injuries are caused by structural hazards or unsafe property conditions that don’t fall under Florida Statute § 768.0755 but are still covered under general premises liability law.

Under Florida law, business owners owe a duty of care to maintain their premises in a reasonably safe condition for customers (known legally as “invitees”). This includes:

  • Inspecting the property regularly, both for damage and transient foreign substances/other hazards
  • Fixing known hazards in a timely manner
  • Providing adequate warnings if a dangerous condition cannot be immediately repaired

If a person is injured because of the business’s failure to meet this duty, the business can be held liable.

Slip and Fall Hazards Beyond Liquids

Some common causes of falls at business establishments include:

  • Loose or broken floor tiles
  • Litter
  • Spilled liquids
  • Torn or curled-up carpeting or rugs
  • Uneven flooring or elevation changes without warning
  • Unstable handrails or staircases
  • Dim lighting that makes it hard to see obstacles
  • Boxes, wires, or debris left in walkways
  • Poorly maintained entryways or parking lots
  • Worn or missing anti-slip treads on stairs

Unlike claims involving transitory foreign substances (which require proof of actual or constructive knowledge under § 768.0755), many of these structural or maintenance issues may fall under common law negligence principles. That means a plaintiff can prove negligence by showing the property owner:

  1. Knew or should have known about the dangerous condition,
  2. Failed to fix or warn about it, and
  3. That failure caused the injury.

Burden of Proof and Evidence

In personal injury cases, the burden of proof falls on the injured person. They must show that:

  • The hazard was present long enough that it should have been discovered
  • The business didn’t follow reasonable inspection or maintenance procedures
  • The hazard wasn’t obvious or avoidable by the victim

During the court process, the judge may review surveillance video, incident reports, and maintenance logs as well as listen to witness testimony. This evidence can play a big role in determining the outcome of the case.

Steps to File a Slip and Fall Lawsuit in Florida

If you have experienced a slip or fall and been injured, follow this process to maximize your chances of both recovery and a successful outcome.

  1. Seek Medical Treatment. As soon as possible, seek medical care. Keep receipts for any medical bills and document your injuries as well as the impact they have had on your day-to-day life.
  2. Document the Scene. If it’s safe to do so, take photographs of the scene, showing the hazard. However, do not put yourself at risk or delay medical care to obtain photographs.
  3. Report the Incident. Notify the property owner or manager of the incident. Request a copy of the incident report for your records.
  4. Journal Your Symptoms. If you are in pain or your injuries are impacting your ability to carry out your usual routine, keep a journal to show how the injury is affecting you.
  5. Consult an Attorney. As soon as you feel able to do so, talk to a lawyer specializing in personal injury claims. They will assess the viability of your case and advise you on what sort of evidence to collect if you’re pursuing the incident in court.
  6. Send a Demand Letter. Your lawyer can draft a letter that includes facts about the incident, the damages you have suffered, and supporting documentation.
  7. File a Complaint. If you’re unable to reach a settlement with the property owner, the next step would be to begin formal legal proceedings.
  8. Request Discovery. As part of the legal process, you and the property manager will be expected to exchange evidence. If the property owner attempts to block discovery, you can pursue motions for this in court.
  9. Consider Pre-Trial Settlement.  Personal injury cases are often resolved before they reach the courtroom. If the property owner offers a settlement, your lawyer can advise you as to whether you should accept it.
  10. Jury Verdict or Settlement. Should the case go to court, there will be a formal ruling about how much compensation you are entitled to, based on the expenses you have incurred and other damages such as loss of earnings or reduced quality of life.

What Proof Do You Need to Win a Slip and Fall Lawsuit?

To succeed, you’ll need evidence showing liability and damages. Common forms of evidence include:

  • Surveillance footage
  • Photographs of the accident site
  • Incident reports and maintenance logs
  • Records of similar accidents
  • Witness and expert testimony
  • Medical records proving injuries and impairment
  • Receipts for out-of-pocket expenses caused by the accident
  • Proof of past income if you’re attempting to claim for loss of earnings
  • Evidence of the business owner’s actual or constructive knowledge of the hazard

Gathering strong documentation and testimony is critical to the success of your case. Your lawyer will explain what sort of evidence you need to collect or preserve based on the circumstances of your case.

What Is the Average Settlement Amount for a Slip and Fall Lawsuit in Florida?

Settlement values typically range from $15,000 to $100,000 or more, depending on:

  • The severity of the injury and whether the accident victim needed surgery
  • How long it took to recover from the accident
  • The out-of-pocket expenses incurred by the accident victim
  • The percentage of fault allocated to the property owner
  • Any lost income, loss of future potential income, and long-term medical costs

If the incident resulted in a catastrophic injury, the value of the settlement could exceed $250,000. See our resource on settlement values for more detailed examples. As part of the settlement, you may be asked to sign a confidentiality agreement ordering you not to disclose the value of your settlement to others.

How Long After a Slip and Fall Can You Sue in Florida?

According to Florida Statute § 95.11(5), you generally have 2 years from the date of the incident to file a negligence-based personal injury lawsuit. Due to this statute of limitations, it’s important to seek legal advice promptly if you have been injured due to a slip or fall.

What Compensation Can You Recover from Litigation?

The goal of compensation is to make an injury victim whole again by covering medical expenses and other costs or damages they incurred as a result of an accident. Courts will award compensation for a number of things, including:

  • Medical expenses (past and future)
  • Lost income and reduced earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Punitive damages

Note that punitive damages, per Florida Statute § 768.72, are awarded only in cases of gross negligence, where that negligence led to severe and long-lasting injuries.

Case Example: Condominium Slip and Fall

A woman suffered a fall in a poorly lit condo walkway where water had pooled after recent contractor work. The walkway’s design allowed water accumulation, and its surface lacked proper slip resistance. She sustained significant injuries affecting her daily life and was forced to leave her job as a radiation therapist and move out of state.

She sued the Condominium Association and the contractor for negligence, alleging failure to provide proper drainage, lighting, and maintenance. The contractor was also sued for breach of contract for failing to defend and indemnify the association. Initially, the condominium association denied all of the allegations against them and launched a crossclaim against the contractor. The parties later reached a confidential settlement at mediation. This is a common scenario in condominium association and HOA claims, which are often settled before court or before a jury is asked to render a verdict.

5 Meaningful Ways a Victim Benefits From Hiring an Experienced Slip and Fall Trial Lawyer

A victim should hire an experienced slip and fall trial lawyer to file their lawsuit because they will:

  • Know how to preserve critical evidence before it disappears (e.g., surveillance footage, maintenance logs and witness testimony)
  • Know the different ways to prove the property owner had actual or constructive knowledge of the hazard prior to the accident
  • Know whether an expert will be able to persuasively present to a jury that a business breached its duty of care (e.g., whether or not proper safety and maintenance protocols were followed) or be able to persuasively quantify the impairment to a victim’s future earning capacity or future medical needs
  • Have knowledge of how most insurance companies handle these claims, including countering the insurance industries tactic of shifting blame to the victim
  • Have years of experience examining accident facts, applying the law, and effectively asking juries to render verdicts for clients that make them whole again

Alan Sackrin is an experienced slip and fall lawyer based in Florida who has helped individuals achieve successful settlements following their injuries. Read Alan Sackrin’s bio to learn more about his experience and see how he can help you with your slip and fall lawsuit.

See Sample Slip and Fall Settlements & Cases Won by Alan Sackrin: