Slip and fall accidents are one of the most common reasons for personal injury claims in South Florida. Yet, slip and falls accidents are often overlooked. Whether they happen in a grocery store, restaurant, apartment complex, parking lot, or hotel, these incidents can leave victims dealing with medical bills, lost wages, and long-term recovery. Unfortunately, many people are unsure of what steps to take after a fall or how Florida’s premises liability laws impact their case.
As an injured victim, understanding your rights and knowing when to call a slip and fall lawyer can significantly impact your claim. This guide provides an overview of Florida’s slip and fall laws, what to do immediately after a slip and fall accident, and how a slip and fall attorney can help you in your case.
UNDERSTANDING FLORIDA SLIP AND FALL LAWS IN FLORIDA
Proving Your Slip and Fall Case
In order to successfully bring a slip and fall claim, you must prove the following:
- Duty of Care: The property owner owed you a duty of care to maintain a safe environment
- Breach of Duty: The property owner somehow breaches or fails to meet that duty of care
- Causation: As a result of the property owner’s breach of duty, you suffered injuries from their negligence
- Damages: You have suffered from actual damages, meaning your injuries resulted in medical expenses, lost wages, or pain and suffering.
Dangerous Conditions and Property Owner’s Notice
PROPERTY OWNER DEFENSES AGAINST YOUR SLIP AND FALL CLAIM
Florida law places the burden on the injured person to prove that the property owner acted negligently. This means showing:
- A Dangerous Condition Existed: Examples include wet floors, cluttered aisles, broken railings, or cracked pavements.
- The Property Owner Had Notice: Under Florida Statute §768.0755, you must show that the owner knew about the dangerous condition OR should have known through proper inspection.
In other words, even if the property owner did not have actual knowledge of the dangerous condition, the owner may still be responsible if they should have known. This is called constructive notice, which may be proven by demonstrating that the hazard existed long enough that a reasonable property owner should have discovered it. Constructive notice may also be shown when the dangerous condition is a common occurrence and was foreseeable.
Real-World Scenario:
An individual has suffered injuries from a slips and fall which was caused by a puddle in the deli area of a grocery store. The puddle is dirty and shows track marks from shopping carts. If these spills occur with such regularity in this area of the grocery store, it may be considered foreseeable, or to be expected, by the owner that this dangerous condition would be present.
In addition, the puddle of liquid was not clear, but rather, it was dirty with track marks. This evidence shows the dangerous hazard may have existed long enough to be discovered by the owner and supports proof of constructive notice.
Comparative Negligence in Florida
Since 2023, Florida has been considered a “modified” comparative negligence state. When you suffer injuries from a slip and fall, your recovery is reduced by each party’s percentage of fault or blame for the accident. However, if you are found to be 51% or more at fault, you are barred from recovering any damages for your injuries.
For example, let’s say you suffer a slip and fall accident, and your case ends up going to trial. A Florida jury finds that you were 20% at fault for your fall and the property owner was 80% at fault. The jury decides the damages for your case are $100,000. You will be able to recover $80,000: ($100,000 x 80% = $80,000). However, if the jury finds you were 51% or more to blame for the accident, you will not recover anything.
How Can You Be Considered At Fault?
The property owner’s insurance company will leave no stone unturned and will be looking for ways to blame you for the fall. Every case is different, and fault is determined based on the facts of your accident. Here are a few of the most common claims:
- You were on a part of the property where visitors aren’t allowed or aren’t expected to be.
- You were distracted or not paying attention to where you were walking.
- You were wearing footwear that was inappropriate or unsafe for the situation.
- You were warned of the dangerous condition, or the owner took reasonable steps to protect visitors.
- The dangerous condition was open and obvious.
- You assumed the risk of the dangerous condition or hazard
Open and Obvious Dangers
In many states, including Florida, property owners are not responsible for injuries caused by open and obvious dangers. An open and obvious danger is a condition that’s clearly visible and that should be seen by a reasonable person exercising ordinary care for their own safety. Examples of open and obvious dangers may include uneven floors, broken sidewalks, or wet floors with clear warning signage.
In Florida, the fact that a dangerous condition is open and obvious isn’t an automatic defense to liability. The facts and circumstances vary case to case. However, visitors must take reasonable steps to protect themselves from obvious hazards. Otherwise, the visitor may be found comparatively at fault.
If the property owner should anticipate that a condition poses a risk of harm despite being obvious, then the owner still must take reasonable steps to minimize the likelihood of injury to its guests or visitors.
You Assumed the Risk
Assumption of risk is a defense where a person knowingly and voluntarily takes on the risk of a known danger that caused their injuries. Assumption of risk can be considered express through written waivers of liability. It can also be implied through one’s actions demonstrating an understanding of the risks, such as participating in contact or extreme sporting activities.
In Florida, assumption of risk is solely a factor and not a complete bar for recovery. In other words, your assumption of the risk is not an automatic defense to liability, but it might reduce the property owner’s responsibility for your injuries.
WHAT SHOULD YOU DO AFTER SLIP AND FALL ACCIDENTS?
1. Seek Medical Attention Right Away
After a fall, it is critical to seek medical treatment as soon as possible. Many injuries are not immediately visible or apparent. When you slip and fall, you may suffer from internal injuries, ligament tears, concussions, or spinal injuries which may take days or several weeks to surface. Seeing a doctor promptly ensures that:
- Your injuries are properly diagnosed
- You receive appropriate treatment
- A medical record links your injuries to the fall
These medical records will become essential when bringing your slip and fall claim and negotiating with insurance companies.
2. Report the Incident
Before leaving the scene, notify the person responsible for the property. Whether it’s a business manager, landlord, store clerk, or security officer, create a record of the incident.
Report the incident and request the following:
- An incident report
- The name and contact information of the manager or property owner
- A written acknowledgment of the fall, if possible
Failing to report the incident may give the insurance company an excuse to question your credibility later. Also, a premises liability lawyer will rely on this early documentation as part of building your slip and fall case.
3. Gather Evidence at the Scene
The possession of strong evidence plays a very important role in Florida slip and fall claims. In an accident, time is of the essence in obtaining this evidence. Dangerous conditions and hazards can change quickly. Spills get cleaned up, warning signs are added, and video footage can be erased in a hurry after a slip and fall accident. Gathering as much evidence as soon as possible can play in an important role in proving the facts of your case.
Document the scene by collecting the following:
- Photos and videos of the hazard (liquid, debris, uneven flooring, broken step)
- Photos of your clothes and shoes
- Witness statements
- Time and location of the incident
You should also try to preserve physical evidence like clothing or footwear. A slip and fall injury attorney may request these items as part of the investigation of your case.
4. Contact a Slip and Fall Lawyer Early
Hiring a slip and fall lawyer can significantly impact the outcome of your case. Your attorney can:
- Obtain surveillance footage
- Request maintenance logs
- Communicate and negotiate with insurance companies
- Investigate property safety violations
- Preserve time-sensitive evidence
A slip and fall accident involves thorough legal and factual analysis. An experienced attorney can help you navigate your case and steer you on the road to recovery for your injuries. At DTT Legal, we take immediate steps to secure evidence, negotiate your claim, and aggressively pursue your rights to compensation for your injuries starting on day one.
Were You Injured in a Slip and Fall Accident? We Can Help!
Slip and fall accidents can have life-changing consequences. Knowing what to do and acting quickly can mean the difference between a denied claim and full compensation.
If you or a loved one suffered a slip and fall accident in South Florida, DTT Legal is ready to fight for you. Contact us today for a free consultation and let us protect your rights and pursue the compensation you deserve.