When you enter a business, store, or other property in Florida, you have a reasonable expectation that the premises will be safe. Property owners have legal duties to protect visitors from foreseea...
When you enter a business, store, or other property in Florida, you have a reasonable expectation that the premises will be safe. Property owners have legal duties to protect visitors from foreseeable hazards—and when they fail those duties, they can be held liable for resulting injuries. But Florida's slip and fall laws create specific requirements that injured victims must meet, making these cases more challenging than many people realize. Understanding what property owners must do under Florida law—and what you must prove to hold them accountable—is essential for anyone injured on someone else's property.
The Property Owner's Duty of Care
Under Florida law, property owners owe different duties to different categories of visitors. The highest duty is owed to 'invitees'—people invited onto the property for a purpose that benefits the property owner, like customers at a store or guests at a hotel.
For invitees, property owners must keep the premises in a reasonably safe condition, conduct regular inspections to discover dangerous conditions, either repair dangerous conditions or adequately warn visitors about them, and not create dangerous conditions through their own actions or negligence.
This duty doesn't require property owners to guarantee perfect safety. Rather, they must exercise 'reasonable care' to prevent foreseeable harm. What's reasonable depends on the circumstances—a grocery store with constant foot traffic and perishable products has different inspection obligations than an office building lobby.
Different Duties for Different Visitors
Florida law distinguishes between invitees (highest duty), licensees (such as social guests, who receive warnings about known dangers), and trespassers (generally owed no duty except not to intentionally injure them). Most slip and fall claims involve invitees at businesses, where the property owner owes the maximum duty of care.
Florida Statute 768.0755: The Slip and Fall Statute
Florida's primary slip and fall law is found in Statute 768.0755, which specifically addresses injuries caused by 'transitory foreign substances'—the legal term for spills, debris, and similar hazards that appear temporarily on floors.
This statute places the burden of proof on the injured person. To recover damages, you must prove: the property owner had actual knowledge of the dangerous condition, or the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the property owner should have known of the condition, or the condition occurred with regularity and was therefore foreseeable.
This knowledge requirement is crucial. Florida law doesn't presume that a business knew about a hazard simply because it existed. You need evidence—direct or circumstantial—that the owner either knew about the specific hazard or should have discovered it through reasonable care.
Proving 'Constructive Knowledge'
In most slip and fall cases, there's no smoking gun proving the property owner knew about the hazard. Instead, victims must prove 'constructive knowledge'—that the owner should have known about the condition through reasonable inspection.
Evidence of constructive knowledge includes how long the hazard existed (the longer it was there, the more likely the owner should have discovered it), the condition's obviousness (a large puddle in a main aisle versus a small spill in a corner), regular inspection schedules (or lack thereof), proximity to employees (a spill right next to a staffed register should be discovered quickly), and the nature of the property's operations (a store selling liquids should anticipate spills).
Circumstantial evidence is often critical. If a spill has footprints tracked through it, dried edges, or debris mixed in, that suggests it existed long enough that reasonable inspection should have discovered it.
When Property Owners Create the Hazard
A separate theory of liability applies when the property owner or their employees create the dangerous condition themselves. If a store employee mops a floor without placing warning signs, or a maintenance crew leaves equipment in a walkway, the property owner is directly liable.
In these 'created hazard' cases, the knowledge requirement is effectively satisfied—the owner knows about the hazard because they created it. You still need to prove that the condition was dangerous and that it caused your injuries, but you don't need evidence about how long the hazard existed.
Examples of owner-created hazards include freshly mopped floors without warning signs, loose floor mats or rugs, poor lighting in walkways, uneven flooring or broken tiles, debris left by employees, and ice accumulation from air conditioning systems.
These cases are often stronger because the evidence of negligence is more direct.
The Comparative Negligence Factor
Even if you prove the property owner was negligent, your compensation may be reduced if you share some fault for the accident. Florida's modified comparative negligence law applies to slip and fall cases.
Common arguments that victims share fault include failing to watch where you were walking, wearing inappropriate footwear, ignoring warning signs or barriers, entering areas marked as closed or dangerous, or being distracted by a phone or conversation.
Under Florida's current law (following HB 837), if you're found more than 50% at fault, you cannot recover any compensation. If you're 50% or less at fault, your recovery is reduced by your percentage of responsibility.
Property owners often exaggerate victims' fault to reduce their liability. Having an attorney counter these arguments is important for protecting your claim's value.
What Reasonable Inspections Look Like
Property owners, especially businesses open to the public, should have formal inspection procedures. What constitutes reasonable inspection depends on the nature of the property and the risks involved.
Grocery stores and restaurants should inspect floors frequently (often hourly or more) given the constant risk of spills. Inspection logs should document each check, the time, the area covered, and the employee's name.
Retail stores should conduct regular walkthroughs of sales floors, especially in high-traffic areas and near merchandise that could fall or create tripping hazards.
Hotels and resorts should inspect common areas, pool decks, restaurants, and walkways on a regular schedule, with special attention after weather events or high-occupancy periods.
Parking lots and garages should be inspected for potholes, broken pavement, inadequate lighting, and debris that could cause falls.
If a property owner can't produce inspection logs or has gaps in their schedule, that's evidence they weren't fulfilling their duty to discover hazards through reasonable care.
Time Limits for Filing a Claim
Florida's statute of limitations for slip and fall injuries is now two years from the date of the accident, following the passage of HB 837. This is a significant reduction from the previous four-year deadline.
Two years may seem like plenty of time, but slip and fall cases often require substantial investigation—obtaining surveillance footage, interviewing witnesses, reviewing inspection procedures, and analyzing the evidence. Insurance companies know that evidence becomes harder to gather over time and may delay hoping your case weakens.
Additionally, some properties (like government-owned facilities) have much shorter notice requirements. If you're injured on government property, you may need to file a notice of claim within just six months.
Consulting an attorney promptly after a slip and fall ensures that evidence is preserved and deadlines are met.
Contact Emas Law Group Today
Florida's slip and fall laws require property owners to exercise reasonable care in maintaining safe premises, but they also place significant burdens on injured victims to prove the owner's knowledge of hazardous conditions. Meeting these requirements demands prompt action to preserve evidence, thorough investigation of the property owner's inspection and maintenance practices, and skilled legal advocacy to counter the defenses property owners raise. If you've been injured in a slip and fall accident in Florida, don't assume the property owner will accept responsibility. Insurance companies routinely deny claims and shift blame to victims. At Emas Law Group, we know how to investigate premises liability claims and build strong cases that prove property owner negligence. Contact us today for a free consultation.
Frequently Asked Questions
Does a 'wet floor' sign protect property owners from liability?
Not entirely. Warning signs help establish that the owner addressed known hazards, but signs don't eliminate liability if they weren't visible, weren't near the actual hazard, or if the condition was unreasonably dangerous despite the warning.
What if I slipped on someone's private residential property?
Residential property owners owe duties to visitors too, though the standard may differ. Social guests (licensees) are entitled to warnings about known dangers. Homeowner's insurance typically covers slip and fall claims on residential property.
Can I still sue if I was partly at fault for my fall?
Yes, as long as you're 50% or less at fault. Florida's modified comparative negligence law reduces your recovery by your percentage of fault but doesn't bar it entirely unless you bear more than half the responsibility.
How long does a slip and fall lawsuit take in Florida?
Timelines vary considerably based on case complexity, disputed liability, and whether the case settles or goes to trial. Straightforward cases may resolve in six months to a year; complex cases can take two years or longer.