Slip and Fall Claims
Florida places a real burden on slip and fall victims: proving the property owner knew, or should have known, about the hazard. Evidence disappears fast, which is why timing is everything.
Overview
Premises Liability in Florida
Under Florida Statute 768.0755, a person injured by a transitory foreign substance in a business must prove the business had actual or constructive knowledge of the dangerous condition. That means showing either that staff knew about it, or that the hazard existed long enough that it should have been discovered.
This is why surveillance footage matters so much. Store video often shows exactly how long a spill sat unattended — but many systems overwrite within 30 days. A preservation letter sent early can be the difference between a provable claim and no claim at all.
Property owners also owe different duties depending on why you were there. Invitees, such as customers, are owed the highest duty: reasonable care to maintain the premises and to warn of hidden dangers. We establish that status early because it defines the whole case.
Case Types
Premises Cases We Handle
- Grocery and retail store spills
- Restaurant and bar floor hazards
- Wet floors without warning signage
- Broken or uneven sidewalks and walkways
- Poorly lit stairways and parking garages
- Missing or defective handrails
- Apartment complex and HOA common area hazards
- Hotel and resort injuries
- Swimming pool deck accidents
- Falling merchandise and shelving
- Negligent security assaults
- Construction debris on public premises
How It Works
Our Approach to Your Case
Preserve the Evidence
We send spoliation letters immediately to lock down surveillance footage, incident reports, inspection logs, and maintenance records before they are overwritten.
Prove Notice
We establish how long the hazard existed through video, sweep logs, staff testimony, and prior complaints about the same condition.
Value and Resolve
Fall injuries often involve fractures, torn ligaments, and head trauma with long recovery. We document the full picture, including future treatment, before negotiating.
FAQ
Frequently Asked Questions
What should I do immediately after falling in a store?+
Report it to a manager and insist on a written incident report, photograph the hazard and the surrounding area before it is cleaned, get names of any witnesses, and seek medical attention the same day.
The store says there were warning signs. Does that end my claim?+
Not necessarily. The question is whether the warning was adequate, visible, and placed before you encountered the hazard. Signs put out after the fact, or placed where they cannot be seen, do not satisfy that duty.
What if I was partly to blame?+
Florida's modified comparative negligence rule allows recovery if you are 50 percent or less at fault, reduced by your percentage. Property owners routinely overstate a victim's share, and that allocation is contested.
How long do I have to file?+
Two years from the date of the fall for claims arising on or after March 24, 2023. Claims involving a government property owner have much shorter notice requirements.
Is there any cost to start a claim?+
No. Premises cases are handled on contingency — no fee unless we recover for you, and the initial consultation is free.
Where We Serve
Serving Broward County
Free Consultation
Injured on Someone Else's Property? Evidence Disappears Fast.
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