Sean | March 27, 2024

Florida Slip and Fall Laws
Experience Lawyer for Slip and Fall Accident

Suffering an injury from a slip and fall accident can be an incredibly challenging experience. Not only are you left to recover from your injuries, but you also face the task of going through the legal system to secure the compensation you deserve. 

In Florida, the state has established specific statutes that guide victims through the necessary steps and evidence required to pursue a claim. However, the intricacies of these laws and the tendency for cases to lean in favor of business or property owners make it important to have a seasoned Florida slip and fall attorney by your side.

Table of contents

What is the Statute of Limitations for Slip and Fall Lawsuits in Florida?

In Florida, the statute of limitations for filing a lawsuit after a slip and fall incident is two years from the date of the accident. This time limit is specifically outlined in Florida Statutes section 95.11(4)(a) and is applicable to most personal injury cases, including those based on negligence, in the state’s civil courts.

How Can You Prove a Slip and Fall Case in Florida According to Statute§ 768.0755(1)?

In Florida, the process for proving a slip and fall case is detailed by specific legal guidelines, notably outlined in Florida Statute § 768.0755(1). 

For a victim to successfully claim against a business establishment for injuries sustained, the following elements must be demonstrated:

  • Presence of a Transitory Substance: The incident was caused by the victim slipping on a substance that should not have been on the floor.
  • Dangerous Condition Created by the Substance: This substance created a condition that was hazardous, making the area unsafe.
  • Location of the Fall: The slip and fall occurred on property owned by someone other than the victim, specifically within the premises of a business establishment.
  • Knowledge of the Dangerous Condition: It is necessary to prove that the business establishment had knowledge of the dangerous condition. This can be actual knowledge (direct awareness of the hazard) or constructive knowledge (the situation existed for such a time or in such a way that the business should have been aware of it).
  • Failure to Act: The business did not take appropriate measures to address the dangerous condition, either by cleaning up the substance or providing adequate warning to prevent harm.

Proving a slip and fall claim in Florida hinges on the ability to provide evidence that convincingly demonstrates these points. This evidence can range from photographs and video footage of the scene, statements from witnesses, incident reports made at the time of the fall, and any other documentation that can substantiate the claim. The distinction between actual and constructive knowledge is a critical aspect of these cases, requiring a nuanced understanding of legal standards to effectively argue the property owner’s liability.

Given the complexities involved in establishing the necessary elements of a slip and fall case under Florida law, seeking advice from a slip and fall lawyer is highly recommended. A Florida slip and fall lawyer with experience in such matters can offer valuable assistance in gathering evidence, interpreting the statute, and presenting a compelling case to achieve a favorable outcome.

How Can You Prove a Dangerous Condition Existed Long Enough for a Business to Have Addressed It Before a Slip and Fall Incident?

Establishing a slip and fall case in Florida requires demonstrating that a business was aware of a hazardous condition that led to an accident. This often involves proving that the hazardous condition was present for a sufficient duration, suggesting the business could have taken measures to address it. 

Here’s a breakdown of strategies and considerations for proving such cases:

  • Security Camera Evidence: Direct evidence from security cameras can be used. These recordings may capture the hazard’s presence and duration before the incident, providing clear proof of negligence.
  • Employee Presence or Absence: Testimonies regarding the absence of employees in the vicinity before the accident can support the argument that the business had ample time to identify and rectify the hazard. Case examples illustrate that if no employees were seen in the area for a significant period, it might be inferred that the business failed to monitor and maintain safety effectively.
  • Condition of the Hazardous Material: The physical state of the substance involved in the slip and fall can indicate its presence over time. For example, partially melted or dirty food items on the floor can suggest they were not attended to promptly. Conversely, if the food or substance’s condition does not clearly indicate how long it was on the floor, proving negligence becomes more challenging.
  • Regular and Foreseeable Hazards: Demonstrating that spills or hazardous conditions occur regularly and are thus foreseeable can help establish constructive knowledge. This argument doesn’t necessarily require showing exactly how long the specific hazard was present before the fall. Instead, it can be argued that the business should implement regular checks to identify and mitigate such risks.
  • Slippery Floors Without Identifiable Substances: In cases where the floor’s slipperiness isn’t due to a specific transient substance, the focus shifts to whether the business was generally aware of the slippery condition and whether measures could have been taken to prevent accidents. For instance, if the flooring material is inherently slippery or if there’s a history of similar incidents, the business could be held liable for not taking preventive actions, such as changing the flooring material or using mats.

Successfully proving a slip and fall case under Florida’s specific legal framework requires a nuanced understanding of the law and a strategic approach to evidence collection. It highlights the importance of gathering comprehensive evidence and, where direct evidence is lacking, using circumstantial evidence to build a convincing case. Speaking with a Florida slip and fall lawyer can provide you with the necessary insight and representation to recover damages for your claim.

Key Considerations for Slip and Fall Claims on Government Property

If your slip and fall accident occurred on government property in Florida, the legal process and potential recovery differ significantly from incidents on private property due to special rules and limitations, including sovereign immunity and specific notice requirements. Understanding these nuances can help you advance your claim effectively:

  • Sovereign Immunity and Notice Requirements: Government entities enjoy sovereign immunity, which offers protection against many types of lawsuits, including slip and fall claims. However, Florida Statute sec. 768.28 partially waives this immunity under certain conditions, allowing for claims to be made. It’s essential to adhere to strict notice requirements, which involve informing the responsible government entity about your claim within a specific timeframe. Failure to comply with these notice requirements can result in the dismissal of your claim.
  • Statute of Limitations: The general statute of limitations for slip and fall claims in Florida is two years. However, this period may vary when the claim is against a government entity, with some requiring notice within as little as 30 days from the incident. This makes it imperative to act quickly to preserve your right to seek compensation.
  • Determining the Responsible Entity: Accurately identifying the government entity responsible for the property where the incident occurred is key. Federal, state, and local governments might share responsibilities for certain areas, and the specific entity maintaining the site where you were injured needs to be correctly identified to direct your claim appropriately.
  • Filing a Claim: Filing a claim against a government entity involves specific forms and processes that differ from those used in claims against private parties. Detailed evidence of the incident, the hazardous condition, your injuries, and any medical treatment received is crucial for supporting your claim.
  • Damages Cap: Florida law previously capped the damages that could be recovered from government entities at $200,000 per person and $300,000 per incident. This limitation affected the compensation you could receive for injuries sustained on government property. However, this changed in July 2023 with the passage of CS/HB 401. This bill significantly increased the caps on damages recoverable in lawsuits against the state and its agencies and subdivisions. Currently, the caps are $2,500,000 per person and $5,000,000 per incident. Therefore, if you suffer injuries on government property in Florida after July 2023, the maximum compensation you can receive is significantly higher than the previous limitations.

Given the complexities of claiming against government entities, including varied processes and shorter deadlines for filing, it’s highly recommended to consult with an experienced slip and fall attorney. A Florida slip and fall attorney can comply with all requirements and advocate for the maximum compensation allowed under the law.

How Do You File a Lawsuit for a Slip and Fall Incident in Florida?

If you’ve experienced a slip and fall incident in Florida, taking legal action to pursue compensation for your injuries can seem like a difficult process. However, understanding the steps involved can make the procedure more approachable. 

Filing a lawsuit for a slip and fall in Florida is a structured process that begins with two key documents: a summons and a complaint.

What is a Summons and Complaint?

A summons is a formal notice given to the defendant (the party you believe is responsible for your fall) that a lawsuit has been filed against them. It informs the defendant of the legal action and outlines the steps they must take to respond.

The complaint is a document that lays the foundation of your lawsuit. In it, you, as the plaintiff, will detail the facts surrounding your slip and fall incident. This includes where, how, and when the incident occurred, as well as the injuries and losses you suffered as a result. 

The complaint also needs to explain why you believe the defendant is responsible for your injuries, based on Florida’s personal injury negligence laws. Essentially, it argues that the defendant failed to maintain a safe environment, leading to your accident.

  • Drafting the Summons and Complaint: The first step in filing your lawsuit is to prepare the summons and complaint. These documents should be detailed and accurately reflect the circumstances of your incident and the basis of your claim.
  • Filing in the Appropriate Court: Once your documents are prepared, you must file them in the appropriate Florida court. This will usually be in the county where the incident occurred or where the defendant resides. It’s important to choose the right venue to ensure your lawsuit is processed without unnecessary delays.
  • Paying the Filing Fee: Filing a lawsuit comes with a cost. When you submit your summons and complaint, you’ll also need to pay a filing fee. The amount varies by court, so it’s wise to verify the current fees with the court where you’re filing your lawsuit.
  • Meeting the Deadline: Florida law sets specific deadlines, known as statutes of limitations, by which you must file your lawsuit. For slip and fall cases, this deadline is typically four years from the date of the incident. Filing your lawsuit within this timeframe is crucial to preserving your right to seek compensation.
  • Serving the Defendant: After filing your lawsuit, the next step is to formally serve the defendant with the summons and complaint. This notifies them of the lawsuit and requires them to respond. Serving the defendant is a procedural step that must be done correctly to proceed with your case.

Filing a lawsuit for a slip and fall in Florida involves careful preparation and adherence to legal procedures. By understanding these steps and ensuring your summons and complaint are properly drafted and filed, you can initiate your legal action with confidence. 

SeanCarlo Lopez, Esq. Florida Slip and Fall Lawyer
SeanCarlo Lopez, Esq, Slip and Fall Attorney in Florida

Seek Guidance from a Seasoned Attorney on Florida’s Slip and Fall Laws

If you’ve been injured in a slip and fall accident, consulting with a Florida slip and fall attorney is a step towards understanding your rights and potential avenues for holding a business responsible for unsafe conditions on their property. 

A slip and fall attorney can help you understand Florida’s specific legal requirements and provide the necessary insight to help you resolve your claim effectively. Reach out today to start the process of resolving your slip and fall claim.