You didn’t expect your day to end with a fall, but now you’re in pain, missing work, and stuck with medical bills you didn’t plan for. Maybe it happened at a store, an apartment complex, or a restaurant. Whatever the location, if the property wasn’t safe, you may have legal options under Florida slip and fall law.
These cases aren’t always straightforward. Property owners and insurance companies often try to avoid responsibility, even when there’s clear evidence of a hazard. And if you don’t know what to expect, it’s easy to feel overwhelmed by the legal process.
This blog explains how Florida slip and fall claims actually work, what you’ll need to prove, and how to take steps that protect your case from the beginning.
What Counts as a Slip and Fall Accident
Not every fall leads to a legal claim, but many do. In Florida, a slip and fall accident usually involves a dangerous condition on someone else’s property that causes you to fall and get hurt. That could be a puddle in the grocery store, a loose tile in your apartment complex, or broken steps at a restaurant. Here’s the key: if the property owner knew about the hazard (or should have known about it) and failed to fix it or warn you, they may be legally responsible for your injuries.
While these accidents can happen almost anywhere, common causes include wet floors, uneven pavement, loose rugs, poor lighting, and spills left unattended. Some people walk away with a bruise. Others end up with life-altering injuries. Broken bones, traumatic brain injuries, spinal cord damage, and internal bleeding are all too common.
What You’ll Need to Prove in a Florida Slip and Fall Case
Thinking about filing a lawsuit? You’ll need more than just proof that you fell. Florida law requires you to show that the property owner had a legal duty to keep the area safe, and failed to do so.
If your fall happened at a business, Florida Statutes §768.0755 applies. You’ll need to prove the business had actual or constructive knowledge of the hazard and didn’t take reasonable steps to fix it.
That usually means showing:
- The hazard had been there long enough that someone should have noticed, or
- It happened often enough that it was predictable
If the fall occurred at someone’s home, the law still requires proof of negligence, but it’s not based on that specific statute. You’d need to show that the homeowner knew, or reasonably should have known about the dangerous condition and didn’t fix it or warn you. This could involve things like broken steps, loose rugs, or other hazards the owner failed to address.
In either case, you’ll also need to prove:
- The owner owed you a duty of care
- They didn’t act reasonably under the circumstances
- Their failure directly caused your injuries
What to Do After a Fall to Protect Yourself
The moments after a fall are stressful, but they’re also important. What you do next can affect your ability to bring a claim. Here’s what helps:
- Report the fall to the property manager or business
- Ask for a copy of the incident report
- Take photos or video of the hazard and the surrounding area
- Get names and contact information for any witnesses
- Seek medical attention, even if the injury seems minor
- Save all medical records and receipts
Avoid giving a recorded statement to the property owner’s insurance company until you’ve spoken with a slip & fall injury lawyer. The insurance company’s goal isn’t to look out for you, but to protect their bottom line.
What If You Were Partially at Fault
Maybe you didn’t see a wet floor sign. Maybe you were distracted. That doesn’t automatically mean you can’t bring a claim. Florida uses a modified comparative negligence rule. As long as you were 50% or less at fault, you can still recover damages, though the amount may be reduced by your percentage of fault.
For example, if you were found 20% at fault and your damages totaled $100,000, you could still recover $80,000.
What Kind of Compensation Can You Seek
Slip and fall injuries often bring more than physical pain. They can impact your income, your independence, and your peace of mind. If the fall wasn’t your fault, you may be able to seek compensation for:
- Medical bills
- Physical therapy or long-term care
- Lost wages
- Loss of future earning ability
- Pain and suffering
- Emotional distress
- Disability
- Wrongful death (in fatal cases)
The actual value of a claim depends on the severity of your injuries, how long recovery takes, and how your life has been affected overall.
Why These Cases Can Be Tough
Property owners often deny responsibility, especially when there’s no video footage or written report. They may claim:
- The hazard wasn’t there long enough
- You weren’t paying attention
- The danger was “open and obvious”
- You caused the fall yourself
This is why it’s so important to gather evidence, see a doctor, and speak with a slip and fall attorney early. The longer you wait, the easier it becomes for the insurance company to cast doubt on your story.
Where These Accidents Commonly Happen
Slip and fall accidents are common in:
- Grocery stores
- Restaurants
- Apartment buildings
- Hotels and resorts
- Hospitals and clinics
- Parking garages
- Government buildings
It doesn’t matter whether the property was public or private. If the owner failed to maintain safe conditions, they can be held accountable.
How Long Do You Have to File
The deadline to file a slip and fall lawsuit in Florida is two years from the date of the accident. If you miss that deadline, you’ll likely lose the right to bring a case, even if your injuries are severe.
Some exceptions exist, such as for minors or claims against government entities, but don’t wait to find out whether those apply to you. Time goes fast when you’re recovering from an injury.
If You Fell on Government Property
If your fall happened on government-owned property, like a city park or courthouse, there’s a different process. Claims against public entities require you to file notice quickly and follow strict rules under Florida Statutes §768.28. These cases have shorter deadlines, so it’s important to act right away.
Injured in a Slip and Fall in West Palm Beach? DiBiaggio Law Holds Property Owners Accountable
A serious fall can leave you in pain, out of work, and dealing with an insurance company that’s quick to deny responsibility. Whether it happened at a store, an apartment complex, or someone’s home, you shouldn’t have to cover the consequences of a property owner’s negligence.
At DiBiaggio Law, West Palm Beach injury attorney Deirdre DiBiaggio represents people across West Palm Beach and Palm Beach County who were hurt because a property wasn’t made safe. We take the time to investigate what happened, gather the evidence, and hold property owners accountable, no matter where the fall occurred.
Call (561) 473-9800 or fill out our confidential online form to schedule your free consultation. We’ll review your situation and talk through your options without pressure and without guesswork.
Copyright © 2025. DiBiaggio Law. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
DiBiaggio Law
605 Belvedere Road, Suite 17
West Palm Beach, FL 33405
(561) 473-9800
https://www.dibiaggiolaw.com
