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What Is the Statute of Limitations for a Trip and Fall Lawsuit in Florida?
We Don’t Take “Low” for an Answer!
At Kaiser Romanello Accident and Injury Attorneys (844-877-8679), we guide countless Florida clients through the complexities of trip and fall claims. These accidents—triggered by obstacles like raised thresholds, debris, or poorly maintained paths—can lead to serious injuries and mounting bills. A critical question we address is the statute of limitations, the legal deadline for filing a lawsuit. Missing it typically forfeits your right to compensation, even with a strong case. Recent changes in Florida law have shortened this window, making urgency paramount. We’ll explain the rules, exceptions, and why prompt action preserves your options.
Florida's Statute of Limitations for Trip and Fall Claims
Trip and fall lawsuits are governed by personal injury statutes under premises liability. Florida Statute 95.11(3)(a) sets the timeframe, with a major update in 2023 affecting cases post-March 24, 2023.
- Current Deadline: You now have just 2 years from the accident date to file a lawsuit, reduced from the previous 4 years. This change, enacted via House Bill 837, aligns Florida with stricter states and aims to reduce frivolous claims, per reports from Rosen Injury and The Fernandez Law Group. For incidents before March 24, 2023, the 4-year limit still applies, but most new cases fall under the 2-year rule.
- Why the Change Matters: The shorter period pressures victims to act fast. Evidence like surveillance footage or witness memories fades over time, weakening claims. Insurers may exploit delays to argue lack of severity. In trip and fall scenarios, proving the hazard's existence (e.g., a loose carpet edge) requires fresh documentation, which is harder after years pass.
- Exceptions to the Rule: While strict, some extensions exist. For minors under 18, the clock tolls until they turn 18, then starts the 2-year countdown. Delayed discovery of injuries (e.g., a hidden fracture manifesting later) might extend it, but courts apply this narrowly, as noted by Nolo and MattLaw. Claims against government entities, like municipal sidewalks, demand even shorter notices—often 180 days for pre-suit notifications under Statute 768.28. Fraud or concealment by the defendant could also toll the statute.
- Consequences of Missing the Deadline: If you file late, the court will likely dismiss your case, barring recovery forever. Exceptions are rare, emphasizing why consulting an attorney immediately is vital. For example, a 2024 update from Brandon J. Broderick highlights that negligence-based claims, including trips over uneven pavement, are strictly enforced.
Practical tips: Mark the accident date, gather evidence promptly, and notify the property owner in writing. If injured in a store or apartment complex, file an incident report on-site.
Strategies to Protect Your Rights
Don’t wait until the deadline nears—early investigation strengthens your position. Our firm recommends preserving photos of the trip hazard, medical records, and any correspondence. Florida’s comparative fault system means even partial blame doesn’t end your claim, but delays could amplify defenses.
In recent years, with the 2023 reform, we’ve seen more victims lose out due to unawareness. A hypothetical: A pedestrian trips on a cracked public walkway in 2024; they have until 2026 to sue, but waiting erodes evidence like weather-related changes to the crack.
Ultimately, the statute ensures timely justice but demands vigilance. If you’ve been hurt in a trip and fall, understanding these timelines can mean the difference between compensation and regret.
Contact Kaiser Romanello for Your Florida Trip and Fall Case
Link to our Florida Trip and Fall Accident Page for more details. Submit your case via our Contact Form or call 844-877-8679 for a free consultation.
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