Slip and fall lawyer in Florida

What a slip and fall claim is

A slip and fall case is a type of premises liability claim. It holds the owner or occupant of a property responsible when a dangerous condition they knew about, or should have known about, injures a lawful visitor. The trip may be on a wet floor, a broken stair, a torn carpet, an unmarked step, a poorly lit walkway or a cracked parking lot.

The label can mislead. Plenty of falls do not lead to a claim, because the property owner was not careless. What separates a claim from an accident is usually notice: did the owner know about the hazard, or should they have?

Short answer: to recover after a fall on someone else's property in Florida, you generally have to show the hazard existed, the owner knew or should have known about it, and the fall caused your injuries. Photographs and a prompt incident report are often the difference between a provable claim and a disputed one.

The notice requirement for spills and similar hazards

When a fall happens in a business establishment and the cause is a transitory foreign substance (a spill, a dropped item, a puddle), Florida law adds a specific requirement. The injured person must prove the business had actual or constructive knowledge of the dangerous condition and failed to take ordinary care to maintain the premises in a reasonably safe condition (Fla. Stat. § 768.0755).

Constructive knowledge can be shown by facts like these:

• the condition existed for such a length of time that the business should have discovered it; or
• the condition occurred with enough regularity that it was foreseeable.

Everyday evidence matters here: cleaning and inspection logs, staffing at the time, camera footage, and whether employees walked past the spot.

Other hazards, such as broken steps or defective flooring, are analyzed under general premises-liability principles, and which rules apply depends on what caused the fall.

What else matters

• Your status on the property. Customers and invited guests are owed more protection than trespassers.
• Open and obvious conditions. An owner may argue the hazard was plain to see and that you should have avoided it. The argument is common, and the answer depends on the facts.
• Your own care. Florida compares fault, so footwear, distraction and speed may be raised. Past 50% fault, recovery in an ordinary negligence case is generally barred; below it, the award shrinks by the plaintiff's share (Fla. Stat. § 768.81). See our comparative fault guide.

Where these falls happen

• Stores and restaurants: spills, produce areas, entrances in rain, loose mats.
• Apartments and condos: stairs, balconies, handrails, common-area lighting, broken walkways.
• Parking lots and garages: potholes, uneven pavement, missing wheel stops, poor lighting.
• Hotels and venues: pool decks, lobbies, stairs, event spaces.
• Private homes and workplaces: different rules may apply, including workers' compensation for some on-the-job injuries.

What to do right after a fall

1. Get help. Seek medical care for pain, even if you think it will pass. Hips, wrists, backs and heads are the most common injuries to be checked.
2. Report the fall to the manager, landlord or security. Ask for a written incident report and a copy. Note the name of the person you spoke with.
3. Photograph everything right away. The spot, the hazard, signage (or the lack of it), lighting, your shoes and your injuries. Use a coin or your hand for scale.
4. Identify witnesses. Names and phone numbers of anyone who saw you fall or saw the hazard before you did.
5. Ask about cameras. Footage is often overwritten in days. A lawyer can send a written request to preserve it.
6. Keep your shoes and clothing as they were.
7. Do not give a recorded statement to the property's insurer before you have advice, and do not sign a release.

What a claim can include

Depending on the facts and the law, a slip and fall claim may seek compensation for medical costs, lost income, future care and the effect of the injury on your daily life. A value cannot be fairly set until your doctors know how well you will recover, so early offers deserve caution.

How owners and insurers respond

Common arguments include: "We had no notice," "The hazard was open and obvious," "She wasn't paying attention," "The injury was already there," and "Treatment was excessive." Strong claims answer these with early photographs, documented witnesses, consistent medical records and, where available, the property's own records.

Time limits

The usual filing window is two years from the date of an incident after March 24, 2023 (Fla. Stat. § 95.11). The practical deadline for video and logs can be days or weeks. See our deadline guide.

Which court

Since January 1, 2023, the county court limit is $50,000, not counting interest, costs and attorney fees, and bigger claims go to circuit court (Fla. Stat. § 34.01).

Working with us

Free, confidential consultations are available in English or Spanish at our Tampa, Orlando and Miami offices. We prepare each case as if it may be tried.

We meet clients by appointment at our offices in Tampa, Orlando and Miami.

Local pages: Tampa and Miami. For a fall near Orlando, see our Orlando personal injury page.

Why Florida fall claims can be difficult

Insurers defend fall claims hard because the legal test turns on what the owner knew. They may argue that the hazard appeared moments before you fell, that it was obvious, or that you were distracted. Good documentation answers each of those: photographs of lighting and warning signs, witness statements, the incident report, and records showing how often the area was inspected. It is also worth noting what you were doing and carrying, because the other side will ask.

Medical records matter as much as the scene

Hip fractures, wrist injuries, back problems and head injuries from falls often develop over days. Keep your records together and include any earlier injuries to the same body part, because the other side will find them. Being open about them from the start is better than having them surface later.

Who pays for the care in the meantime

Medical bills arrive before a claim is resolved. Health insurance, Medicare, Medicaid, or medical-payments coverage on the property's policy may each pay part. Some of them have the right to be repaid from a settlement, so keep every letter and tell your lawyer who has paid what. Ignoring a repayment notice can cause trouble later.

General information, not legal advice. Reading this page does not create an attorney-client relationship, and every case depends on its own facts. For qualifying personal injury matters the firm works on a contingency-fee basis, so attorney fees are not collected unless there is a recovery. Last updated: 2026-10-16.

View all locations →