Florida’s Slip and Fall Statute: A Comprehensive Guide in 2023

There are over one million emergency room visits every year due to slip and fall injuries. Even a minor slip and fall can result in severe injuries. Fractures are the most common, occurring in 5% of all slip and fall accidents.

When this happens, consult with a slip and fall attorney in Miami. They will review the facts of your case and negotiate a settlement that comports with the severity of your injuries.  

Personal injury lawyers know your rights under the Florida slip and fall statute. They will prevent you from becoming a victim of the negligent party again. Insurance companies and their legal teams undervalue claims and use high-pressure settlement tactics to avoid paying total compensation on a personal injury claim.

We are providing information about Florida slip and fall laws in this guide.

Slip and Fall Statute of Limitations in Florida

In Florida, you have four years to file a slip and fall accident claim pursuant to §95.11(3)(a). This statute covers claims due to negligence, which is the usual claim in a slip and fall case.

There may be circumstances when your case falls under a different statute. This can happen if you include a malpractice claim for your injury medical treatment or if the fall resulted in a wrongful death.

Consulting with a slip and fall lawyer as soon as possible after your injury is important. They will gather slip and fall evidence to negotiate a settlement or proceed to trial.

Florida Slip and Fall Statute

When filing a slip and fall claim, your attorney will review evidence to determine what laws apply to your case.

Premises Liability

Florida Title XLV Torts §768.0755 establishes the requirements for premises liability. It deals with slip and fall injuries due to a transitory foreign substance in a business. The petitioner must prove the company knew about the dangerous condition and the need to remedy it.

You must prove there was a length of time since its occurrence long enough for the business to be aware of its existence. Alternatively, you may establish the problem was foreseeable because it is re-occurring.

According to the Florida Supreme Court, a transitory foreign substance is a liquid or solid, an object, or an item in a location where it does not belong.

Negligence

Proving a slip and fall case in Florida requires proof of negligence. This means you must show that the business had a duty of care to keep the property clear of any conditions likely to cause injury.

The pleadings must show the defendant’s breach of duty in exercising proper care. You must then prove their breach of duty is the cause of your slip and fall.

Finally, you must prove that the defendant’s breach of duty is the actual and proximate cause of your incurring damages. In other words, the defendant’s negligence in maintaining a safe environment is the reason for the slip and fall.

Comparative Negligence

When you file a claim, the opposing counsel may accuse you of contributory fault. This means you did something contributing to your injuries. These rules are in Title XLV Torts §768.81(2) and (3).

If you are found partially at fault under comparative negligence law, the court will reduce the economic or noneconomic damages you receive according to the joint and several liability doctrines. If a jury awards you $100,000 but finds you to be 25% at fault, you will receive $75,000 of the award.

Proving Your Case

Under the Florida slip and fall statute, to win your case, you must prove the following:

• A substance is the reason for your slip and fall
• You fell on another person’s property
• The substance was creating a dangerous condition
• The property owner was knowledgeable about the hazardous condition
• Removal of the substance was necessary to prevent injury
• The property owner’s negligence in not correcting the problem

Every slip and fall case is different. When negotiating your claim, your Miami slip and fall attorney will review statutory and common law court rulings.

Resolve Your Case

Navigating the legal system is time-consuming and confusing. If you receive injuries from a slip and fall, call 305.373.5529 to schedule a consultation with a Calil Law attorney.

While you are concentrating on recovery, we will gather discovery and begin settlement negotiations. We have experience winning cases under the Florida slip and fall statute. Contact us today so we can start working on a compensation award equal to your injuries.