Slip and Fall — Florida

Slip and Fall in Florida — Your Legal Rights

Florida premises liability law governs slip and fall cases. Property owners fight these claims aggressively — knowing the rules and acting quickly is essential.

Statute of Limitations

Florida statute of limitations for slip and fall claims: 2 years from the date of the incident. Florida's 2023 tort reform law (HB 837) made significant changes to premises liability — including modifying the comparative fault standard and reducing the statute of limitations. Florida now applies modified comparative fault with a 51% bar for most cases EXCEPT medical malpractice (which retains pure comparative fault). Claims must be filed within 2 years. If the slip and fall occurred in a government building or on government property, Florida's sovereign immunity rules require a formal notice of claim within 3 years.

Florida Premises Liability — Modified Comparative Fault

Florida premises liability law (Fla. Stat. § 768.0755) requires that for slip and fall cases on transitory foreign substances in business establishments, the injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Florida courts look closely at how long the hazard existed and whether the business had a reasonable inspection program.

Florida-Specific Tip

Florida's 2023 tort reform law (HB 837) made significant changes to premises liability — including modifying the comparative fault standard and reducing the statute of limitations. Florida now applies modified comparative fault with a 51% bar for most cases EXCEPT medical malpractice (which retains pure comparative fault). Claims must be filed within 2 years. If the slip and fall occurred in a government building or on government property, Florida's sovereign immunity rules require a formal notice of claim within 3 years.

📊 Slip and fall accidents are a leading cause of emergency room visits in Florida.

What To Do After a Slip and Fall in Florida

1

Report the incident to the property manager immediately and get a written incident report

2

Photograph the hazard, surrounding conditions, lighting, and signage

3

Send a written request to preserve all surveillance footage — most businesses overwrite within 24-72 hours

4

Get witness contact information

5

Seek medical attention within 24 hours

6

Do NOT sign anything from the property owner or their insurer

7

Preserve your footwear and clothing — they are evidence

8

Contact a Florida premises liability attorney before speaking with the property's insurance company

Frequently Asked Questions — Slip and Fall in Florida

How long do I have to file a slip and fall lawsuit in Florida?

2 years from the date of the incident. Florida's 2023 tort reform law (HB 837) made significant changes to premises liability — including modifying the comparative fault standard and reducing the statute of limitations. Florida now applies modified comparative fault with a 51% bar for most cases EXCEPT medical malpractice (which retains pure comparative fault). Claims must be filed within 2 years. If the slip and fall occurred in a government building or on government property, Florida's sovereign immunity rules require a formal notice of claim within 3 years.

What must I prove in a Florida slip and fall case?

You must generally prove the property owner knew or should have known about the hazardous condition and failed to fix it or warn you. Florida premises liability law (Fla. Stat. § 768.0755) requires that for slip and fall cases on transitory foreign substances in business establishments, the injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Florida courts look closely at how long the hazard existed and whether the business had a reasonable inspection program.

How much is a slip and fall case worth in Florida?

Florida slip and fall settlements depend on injury severity and strength of liability. Minor injuries may settle for $10,000-$50,000. Serious injuries including fractures, spinal injuries, or traumatic brain injuries can be worth $100,000 or more.

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