Florida Slip and Fall Claims: How Property Owners Are Held Liable
Slip and fall accidents happen every day, but in Florida, they carry unique legal implications. Whether it’s a puddle on a grocery store floor, a loose tile in an office lobby, or an unmarked step at a restaurant, property owners and businesses have a responsibility to keep their premises safe for visitors. When they fail to do so, they can be held liable for resulting injuries. Florida Slip and Fall Claims can represent a challenge, but you don't have to do it alone.
At The Nation Law Firm, we believe that understanding your rights after a slip and fall is essential to protecting yourself and your family. Here’s what you should know about how Florida law approaches these claims.
What Is a Slip and Fall Claim?
A slip and fall claim is a type of premises liability case. It arises when someone is injured because of a dangerous condition on someone else’s property. Common hazards include:
- Wet or slippery floors
- Poor lighting in hallways or stairwells
- Uneven sidewalks or flooring
- Cluttered aisles or walkways
- Broken railings or steps
In Florida, property owners have a legal duty to keep their premises reasonably safe and to warn guests of hazards that aren’t obvious.
Florida’s Premises Liability Law
Florida law distinguishes between different types of visitors:
- Invitees (customers, tenants, or anyone there for business purposes) are owed the highest duty of care. Property owners must regularly inspect for hazards and address them promptly.
- Licensees (social guests or visitors) are owed a duty to be warned about known dangers.
- Trespassers are owed the least duty, though owners must avoid willful or wanton harm.
Most slip and fall claims involve invitees—people shopping, dining, or conducting business. These cases require proving that the owner either knew or should have known about the dangerous condition and failed to fix it or warn about it.
The Burden of Proof in Florida Slip and Fall Cases
Under Florida Statute §768.0755, the injured person must show that:
- The property owner had actual knowledge (they knew about the hazard) or constructive knowledge (the hazard existed long enough that they should have discovered it).
- The property owner failed to take reasonable steps to correct or warn about the danger.
- The hazardous condition directly caused the injury.
For example, if a customer slips on a spilled drink in a grocery store, the store may be liable if employees failed to clean it up within a reasonable time, even if no one directly reported the spill.
Common Defenses Property Owners Use
Property owners and their insurers often push back against slip and fall claims. Some common defenses include:
- Comparative negligence: Arguing that the injured person was partially at fault (e.g., not watching where they were going). Florida follows a modified comparative negligence rule, meaning compensation can be reduced or barred depending on the plaintiff’s share of fault.
- No notice: Claiming they had no knowledge of the hazard and couldn’t reasonably have discovered it in time.
- Open and obvious doctrine: Arguing that the danger was so obvious a reasonable person would have avoided it.
This is why having an experienced attorney can make a major difference.
Compensation Available in Florida Slip and Fall Claims
If successful, a slip and fall claim may provide compensation for:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
Each case is unique, but the right legal representation can help ensure victims pursue the maximum compensation they deserve.
How The Nation Law Firm Can Help
Slip and fall claims in Florida are complex and often heavily contested by property owners and insurance companies. At The Nation Law Firm, our experienced trial attorneys know how to investigate these cases, gather evidence, and build strong claims for our clients. We’ve spent decades standing up for injury victims across Florida, and we’re ready to fight for you.
If you or a loved one has been injured in a slip and fall accident, don’t wait. Contact us today for a free case evaluation.
Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are over 100,000 attorneys in Florida, less than 100 hold these two Board Certifications.
