Slip and Fall Cases

You have to prove the property owner had actual or constructive notice of a dangerous condition and failed to fix it or warn visitors. Under Florida Statute § 768.0755, which governs slip and fall claims at business establishments, the injured person carries the burden of showing the business knew — or should have known through reasonable inspection — about the hazard. This notice requirement is typically the most contested part of these cases.

Constructive notice means the property owner should have known about a hazard even though no one specifically reported it — for example, if a spill had been on the floor long enough that a reasonable inspection schedule would have caught it. Because this is often the hardest element to prove, evidence like surveillance footage, maintenance logs, and witness statements about how long the hazard existed can make or break a claim.

Yes — businesses open to the public owe visitors a duty to keep the premises reasonably safe, which includes regularly inspecting for hazards like spills, uneven flooring, or wet surfaces. A homeowner’s duty of care depends instead on whether you were invited onto the property, so the standard that applies shifts based on where the fall happened. An attorney can evaluate which standard fits your situation.

Yes — landlords and property management companies can be held liable for hazards in common areas they’re responsible for maintaining, such as stairwells, parking lots, walkways, and pool decks, if they knew or should have known about the danger and failed to fix it. Hazards inside your own leased unit may involve different questions depending on your lease terms and who was responsible for the repair.

You may be entitled to compensation for medical expenses (past and future), lost wages, pain and suffering, disfigurement, emotional distress, and permanent disability. If the fall caused a loss of income or earning capacity, that’s recoverable too, depending on the specifics of your case.

Generally two years from the date of the accident, under Florida’s statute of limitations for personal injury claims. Because evidence like surveillance footage and witness memory can fade quickly, it’s best to speak with an attorney as soon as possible rather than waiting.