Slip and Fall & Premises Liability Attorney in South Florida

Slip and fall cases have a reputation for being easy money. The opposite is true. Florida law puts a specific evidentiary burden on the injured person, and businesses know it. These cases are won by people who act quickly and build the record before it disappears, and lost by almost everyone else.

What Florida Law Actually Requires You to Prove

If you slip on a transitory foreign substance in a business establishment (the classic example: liquid on a supermarket floor), section 768.0755, Florida Statutes, requires you to prove the business had actual or constructive knowledge of the dangerous condition and should have addressed it. Constructive knowledge can be shown circumstantially: the condition existed long enough that ordinary care would have discovered it, or it happened with such regularity that it was foreseeable.

In practice, that means the case turns on evidence like surveillance footage, inspection logs, sweep schedules, prior incident reports, and witness accounts. Most of that evidence lives with the defendant, and video retention periods can be short. A preservation letter sent in week one can decide a case that would be unwinnable by month six.

Beyond the Supermarket

• Hotels and resorts: pool decks, lobbies, bathrooms, and poorly lit walkways.
• Condominiums and HOAs: common-area hazards, broken stairs and railings, garage defects.
• Restaurants and bars: spills, grease, and transitions between flooring surfaces.
• Retail and big-box stores: merchandise on floors, stockroom doors, parking lot defects.
• Construction-adjacent hazards: walkways and temporary conditions around active work.

The Clock and the Percentages

Premises injury claims founded on negligence are generally subject to Florida's two-year statute of limitations under section 95.11(5)(a), Florida Statutes. Comparative fault under section 768.81 also applies: your recovery is reduced by your share of fault, and a finding that you were more than 50 percent at fault bars recovery entirely. Defense playbooks in fall cases lean heavily on "you should have seen it." Photographs of the scene, the substance, the lighting, and your footwear, taken that day, are worth more than a year of argument later.

What to Do After a Fall

1. Report the incident to the manager or property owner immediately and ask that it be documented.
2. Photograph everything: the hazard, the surrounding area, lighting, warning signs or their absence.
3. Get names and contact information for witnesses, including employees.
4. Seek medical attention the same day, and follow through on treatment.
5. Do not give a recorded statement or sign anything before speaking with an attorney.

How We Handle Premises Cases

• Immediate evidence preservation. Spoliation letters go out fast, before footage cycles out.
• Contingency fee. No attorney's fee unless we recover, with costs explained in writing up front.
• Honest case evaluation. If the evidence isn't there, we'll tell you directly instead of wasting your time.
• Bilingual representation in English and Spanish.

For a deeper look at the proof problem in these cases, read what you actually have to prove in a Florida slip and fall, or visit our personal injury overview.

Frequently Asked Questions

I slipped in a store and they made an incident report. Is that my case?

It's a start, not a case. Under section 768.0755, Florida Statutes, you must prove the business knew or should have known about the hazard. That proof usually comes from video, logs, and witnesses, evidence that needs to be preserved quickly.

Do I need a lawyer for a slip and fall?

For a minor bump with no lasting injury, maybe not. For anything involving real medical treatment, the practical answer is that the evidence you need lives with the business and disappears quickly, and Florida's proof requirements under section 768.0755 are built to defeat unrepresented claims. A short consultation costs nothing and tells you what you actually have.

How long after a slip and fall can you sue in Florida?

Generally two years under section 95.11(5)(a), Florida Statutes, for negligence claims. But the practical deadline is much shorter: surveillance video is often overwritten within days or weeks. The case you can prove shrinks every week you wait.

The store says I wasn't watching where I was going. Does that end the case?

No. Florida's comparative fault rules reduce recovery by your percentage of fault rather than eliminating it, unless you're found more than 50 percent at fault. Arguing you were partly careless is standard defense strategy; it's an argument, not a verdict.

What if I fell at a condo or apartment complex rather than a business?

Property owners and associations owe duties to residents and guests, including maintaining common areas. The legal framework differs somewhat from the business-establishment statute, but negligence principles still apply. Bring us the facts and we'll map it.

What does it cost to hire you?

Premises injury cases are contingency fee: the attorney's fee is owed only out of a recovery. Costs and expenses are explained in writing before engagement.