Florida Slip and Fall Laws: Property Owner Liability
Slip and fall accidents are among the most common causes of serious injuries in Florida. Every year, thousands of Floridians suffer broken bones, head injuries, back injuries, and other harm after falling on someone else's property. While some falls are simple accidents, many result from property owners' failure to maintain safe conditions—and victims deserve compensation for their injuries.
Injured in a slip and fall accident? Call 239-610-0845 for a free consultation with an experienced Florida premises liability attorney.
What is Premises Liability?
Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In Florida, property owners have a legal duty to maintain reasonably safe premises and protect visitors from foreseeable dangers.
This duty applies to various property types:
Commercial Properties
Stores, restaurants, hotels, shopping centers, office buildings
Residential Properties
Homes, apartment buildings, condominiums
Public Properties
Government buildings, parks, sidewalks
Private Properties
Parking lots, private roads, recreational facilities
Visitor Categories Under Florida Law
Invitees (Highest Protection)
People who enter property for a purpose connected to the property owner's business or for mutual benefit:
- •Customers in stores and restaurants
- •Hotel and resort guests
- •Patients at medical facilities
- •Visitors at public attractions
Property owners must: Maintain the property in reasonably safe condition, regularly inspect for hazards, fix or warn about known dangers, and protect against foreseeable third-party criminal acts.
Licensees (Moderate Protection)
People who enter property with permission but for their own purposes rather than business reasons. Social guests are the most common example. Property owners must warn licensees about known dangers that aren't obvious but generally don't have to inspect for unknown hazards.
Trespassers (Limited Protection)
People who enter property without permission. Property owners generally owe trespassers only a duty not to intentionally harm them. However, important exceptions apply to child trespassers (the "attractive nuisance" doctrine) and discovered trespassers.
Florida's Slip and Fall Statute (§ 768.0755)
In 2010, Florida enacted a specific slip and fall statute that changed how these cases are handled in commercial settings. This law makes it more difficult for slip and fall victims to recover compensation by placing additional burden of proof on injured parties.
Key Requirements Under the Statute
Injured persons must prove that the business establishment:
Had actual or constructive knowledge of the dangerous condition
AND the business should have taken action to remedy it.
Constructive knowledge (knowledge the business should have had) can be proven by showing:
- •The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business should have known of the condition
- •The condition occurred with regularity and was therefore foreseeable
What This Means for Victims
The 2010 statute eliminated the previous rule that businesses could be presumed negligent if they couldn't prove adequate inspection procedures. Now, injured parties bear the burden of proving the business knew or should have known about the hazard. This makes evidence preservation crucial—if you slip on liquid in a store, proving how long it was there often determines whether your case succeeds.
Common Causes of Slip and Fall Accidents
Wet and Slippery Floors
- • Freshly mopped floors without warning signs
- • Spilled liquids in grocery stores
- • Rain water tracked in from outside
- • Leaking refrigeration units
- • Wet bathroom floors
- • Pool decks and spa areas
Uneven Surfaces
- • Cracked or broken sidewalks
- • Torn or bunched carpeting
- • Uneven floor tiles
- • Potholes in parking lots
- • Raised door thresholds
- • Changes in floor elevation
Stairway Hazards
- • Missing or loose handrails
- • Inconsistent step heights
- • Worn stair treads
- • Missing anti-slip strips
- • Objects blocking stairs
Other Hazards
- • Inadequate lighting
- • Merchandise displays blocking aisles
- • Extension cords across walkways
- • Construction debris
- • Algae growth on outdoor surfaces
Proving a Florida Slip and Fall Case
To successfully recover compensation, you must prove several elements:
1. Duty of Care
You must establish that the property owner owed you a duty of care. This depends on your status as a visitor and the type of property.
2. Dangerous Condition
You must prove that a dangerous condition existed on the property. This requires evidence documenting the hazard—photographs, witness statements, incident reports, or other documentation.
3. Knowledge (Actual or Constructive)
This is often the most challenging element. You must prove the property owner actually knew about the hazard (evidence might include prior complaints or incident reports), OR constructively knew about it.
4. Failure to Act Reasonably
You must show the property owner failed to take reasonable steps to address the danger—either by fixing it, warning visitors, or cordoning off the area.
5. Causation
The dangerous condition must have directly caused your fall and resulting injuries. Medical records and expert testimony often establish this connection.
6. Damages
You must prove you suffered actual damages—medical expenses, lost wages, pain and suffering, or other losses.
Comparative Negligence in Florida
Florida follows a modified comparative negligence system, which significantly impacts slip and fall cases:
- •Your compensation is reduced by your percentage of fault
- •If you're more than 50% at fault, you cannot recover any compensation
Common Defense Arguments
Defense attorneys often argue that slip and fall victims were partially responsible:
- •The victim wasn't watching where they were walking
- •The victim was wearing inappropriate footwear
- •The victim was distracted by a phone or conversation
- •The hazard was obvious and the victim should have avoided it
- •Warning signs were posted but ignored
Evidence in Slip and Fall Cases
Immediate Evidence
- • Photos of the hazard
- • Photos of your injuries
- • Witness contact info
- • Incident report
- • Shoes and clothing worn
Documentary Evidence
- • Inspection records
- • Employee training records
- • Prior incident reports
- • Surveillance footage
- • Building code violations
Expert Evidence
- • Safety expert testimony
- • Medical expert testimony
- • Accident reconstruction
- • Biomechanical analysis
Damages in Florida Slip and Fall Cases
Economic Damages
- •Medical expenses: Emergency care, hospitalization, surgery, physical therapy, medications
- •Future medical costs: Ongoing treatment, rehabilitation, long-term care
- •Lost wages: Income lost during recovery
- •Lost earning capacity: Reduced ability to earn due to permanent injuries
- •Out-of-pocket expenses: Transportation, home modifications, hired help
Non-Economic Damages
- •Pain and suffering: Physical pain from injuries
- •Emotional distress: Anxiety, depression, PTSD
- •Loss of enjoyment: Inability to participate in activities
- •Loss of consortium: Impact on relationship with spouse
- •Disfigurement: Permanent scarring or physical changes
Time Limits for Florida Slip and Fall Claims
Standard Claims
You have two years from the date of the accident to file a lawsuit against a private property owner (reduced from 4 years by HB 837 in March 2023).
Government Property Claims
If your fall occurred on government property, you must follow specific notice requirements, often within 3-6 months, before filing suit.
Don't wait to pursue your claim. Evidence disappears, witnesses' memories fade, and surveillance footage is often deleted within days or weeks. Contact an attorney as soon as possible after a slip and fall accident.
Common Locations for Slip and Fall Accidents
Grocery Stores
Produce falls, liquid spills, condensation from refrigerated sections, wet entrances. Large chains typically have inspection policies.
Restaurants and Bars
Spilled drinks, food debris, wet restroom floors, and inadequate lighting contribute to falls.
Hotels and Resorts
Pool decks, bathtubs, lobby areas, and parking lots are frequent accident sites.
Shopping Centers
Common areas, parking lots, and individual store premises must be maintained safely.
Why You Need a Florida Slip and Fall Attorney
Meeting the Burden of Proof
Florida's slip and fall statute requires proving the property owner's knowledge, which demands skilled investigation and evidence gathering.
Preserving Evidence
Surveillance footage, incident reports, and physical evidence must be preserved quickly before they're lost or destroyed.
Countering Comparative Negligence
Defense attorneys will try to blame you for the accident. Experienced representation helps counter these arguments.
Valuing Your Claim
Determining the full value requires understanding current and future medical needs, lost earning capacity, and non-economic damages.
Negotiating with Insurers
Property owners' insurance companies have experienced adjusters and lawyers working to minimize payouts.
Injured in a Slip and Fall? Contact Cardinal Law
If you've been injured in a slip and fall accident on someone else's property in Florida, the premises liability attorneys at Cardinal Law can help. We understand Florida's complex slip and fall laws and know how to build strong cases that prove property owner negligence.
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