You weren’t doing anything risky, just picking up groceries, heading into your apartment, or walking through the lobby at work. Then your foot hit something slick. Or maybe the floor gave way under a loose tile. Before you could react, you were on the ground, stunned and in pain.

At first, it felt like bad luck. But as the soreness set in and the medical bills started arriving, you began to wonder, could this have been prevented? Should someone be held responsible?

Slip and fall accidents happen fast, but the aftermath can drag on for weeks or months. Florida law has specific rules that determine when a property owner’s negligence makes them legally liable, and whether you can seek compensation for your injuries.

In this blog, you’ll learn how Florida slip and fall law works, what it takes to prove liability, and what to expect if you decide to take legal action.

How Florida Slip and Fall Law Works

Slip and fall cases fall under premises liability, which refers to a property owner’s legal responsibility to keep their premises reasonably safe for visitors. Under Florida law, a property owner can be held liable when their negligence causes a fall-related injury.

To recover damages, you’ll need to show that the owner had actual or constructive knowledge of the dangerous condition and failed to fix it or warn others about it. This standard is especially important in businesses open to the public, like grocery stores, restaurants, and retail shops.

What Counts as Actual or Constructive Knowledge?

Under Florida Statutes § 768.0755, knowledge can be established by showing that:

• The property owner knew about the hazard, such as being told about a spill and doing nothing about it, or
• The condition existed long enough that they should have known about it through regular maintenance or inspections.

This is often the most contested part of a slip and fall claim. The property owner’s insurance company may argue they didn’t know about the hazard or that the condition was too recent to be addressed.

Whether the hazard was a puddle in a store aisle or a loose step at an apartment complex, these conditions show up in more places than you might think.

Common Places Slip and Fall Accidents Happen

Slips and falls can happen almost anywhere, but certain locations tend to pose more risk than others. Common places include:

• Grocery stores and big box retailers (often due to transitory foreign substances like spilled liquids)
• Apartment complexes and rental properties
• Sidewalks and parking lots
• Restaurants and bars
• Hotels, gyms, and public pools

Where the fall occurred and the circumstances surrounding the incident can make a major difference in how your case is handled. The property’s layout, ownership, and maintenance history all come into play. A qualified slip and fall lawyer can evaluate these details to determine whether the property owner’s negligence caused your injury.

What You Have to Prove in a Slip and Fall Case

To succeed in a Florida slip and fall case, you need more than just proof that you were injured. You must prove liability. This means showing:

• A dangerous condition existed on the property
• The owner knew or should have known about the hazard
• They failed to take reasonable steps to correct or warn about it
• You suffered injuries as a result of that failure

If you cannot prove all of these elements, the property owner, or more likely the property owner’s insurance company, may deny your personal injury claim.

Common Injuries in Slip and Fall Accidents

Some people recover quickly after a fall. Others aren’t so lucky. Falls can lead to:

• Broken bones, especially wrists, hips, and ankles
• Traumatic brain injury
• Spinal cord injuries
• Torn ligaments or tendons
• Long-term mobility issues
• In extreme cases, wrongful death

Your medical records, accident report, and witness statements will all be important when pursuing fair compensation and documenting the full extent of your fall-related injuries.

How Insurance Companies Respond

If you’ve been contacted by the property owner’s insurance company, be cautious. These companies are not on your side. Their goal is to protect their bottom line, not to cover the full extent of your medical bills, lost wages, or pain and suffering.

They may:

• Downplay the seriousness of your injuries
• Claim you were at fault
• Offer a settlement that doesn’t reflect the full value of your losses

Before accepting anything, consider speaking with a slip and fall lawyer who can assess the offer and help you understand your options. Even if the insurance company doesn’t dispute the accident, they might still argue that you were partly at fault.

What Happens If the Fall Victim Was Partially at Fault?

Florida uses a modified comparative fault system, outlined in Florida Statutes § 768.81. If you were partly responsible for your fall—maybe you ignored a warning sign or were distracted while walking—your compensation may be reduced based on your share of the blame.

For example, if a jury finds you 20% at fault and your total damages are $100,000, you would only recover $80,000.

But here’s the key:

If you are found more than 50% at fault for your own injuries, Florida law says you cannot recover any damages at all. This threshold applies to most personal injury cases, including slip and fall claims.

This rule does not apply to medical malpractice cases, but it does affect premises liability and fall accident lawsuits.

What Damages Can You Recover?

If you file a slip and fall claim, you may be able to recover:

• Medical expenses, including hospital bills, physical therapy, and long-term care
• Lost income and reduced earning ability
• Pain and suffering
• Property damage (such as broken eyeglasses or phones)
• Emotional distress

In some rare cases involving willful or wanton injury, punitive damages may apply.

How Long Do You Have to File a Fall Claim?

Florida has a two-year statute of limitations for personal injury cases, including slip and fall accidents, under Florida Statutes § 95.11(4)(a). That means you have two years from the date the fall occurred to file a lawsuit.

Waiting too long can hurt your chances, especially if key evidence is lost or witnesses become unavailable.

What to Do After a Slip and Fall Accident

If you slipped, fell, and believe it happened because someone else failed to maintain a safe property, taking the right steps early on can make a big difference, especially if you’re considering a personal injury claim. Here’s what you can do to protect yourself:

• Take photos of the scene, including any spill, obstruction, or damaged surface
• Report the fall to the property owner or manager in writing
• Get medical attention right away, even if your injuries seem minor
• Save all documentation, including medical records, receipts, and incident reports
• Contact a Plantation personal injury attorney to review your case and explain your legal options

These actions can help preserve important evidence and put you in a stronger position if you decide to pursue legal action.

Injured in a Slip and Fall in South Florida?

Slip and fall accidents can lead to more than just a few bruises. You may be facing mounting medical bills, lost wages, and long-term pain that affects every part of your life. Whether the fall happened in a store, on a sidewalk, or inside a private residence, you shouldn’t have to pay the price for someone else’s carelessness.

Taking legal action isn’t just about recovering money. It’s about holding the property owner accountable for failing to maintain a safe space and preventing the same thing from happening to someone else. If you’ve suffered injuries due to property owner negligence, you have the right to seek compensation.

At Cohen and Juda, we represent fall victims across Plantation and throughout South Florida. Attorneys Harvey Cohen and Gary Juda bring over 25 years of experience pushing back against insurance companies and pursuing just compensation for those who’ve been hurt.

Florida law gives you a limited time to file a slip and fall claim, and acting now can strengthen your case. You found us by searching for “slip and fall attorneys near me.” Now take the next step.

Call Cohen and Juda at (954) 424-1440 or fill out our confidential online form to schedule your FREE consultation. You pay nothing upfront, and we only get paid if we recover for you.

Copyright © 2025. Cohen and Juda, P.A. 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.

Cohen and Juda, P.A.
8211 W Broward Blvd, Suite 310
Plantation, FL 33324
(954) 424-1440
https://www.cohenandjudaflorida.com/