Florida Slip & Fall Accident Lawyer

By Kaiser Romanello, P.A. | Florida personal injury attorneys since 2002 | Last updated: June 2026

Why Slip and Fall Cases Are Hard to Win in Florida

If you slipped on a wet floor in a Florida grocery store, restaurant, or hotel, your case is harder than you think. Florida is one of the worst states in the country for slip-and-fall victims because of a single statute the legislature passed in 2010.

Before 2010, a Florida slip-and-fall victim only had to show that the dangerous condition existed and caused the injury. The business owner had the burden of proving they took reasonable care to prevent it.

After 2010, the burden flipped completely. Now the victim must prove the business knew about the dangerous condition (or should have known) and failed to fix it. Most victims don't have this evidence. Most attorneys can't get it. That's why most cases settle for far less than they're worth — or get dismissed entirely.

The good news: with the right strategy, the constructive-notice defense can be dismantled. We do it routinely.

Florida Statute § 768.0755 — The 2010 Burden Shift

"Constructive knowledge" means the dangerous condition existed for such a length of time that the business should have discovered it in the exercise of ordinary care, or the condition occurred with regularity and was therefore foreseeable.

To establish constructive knowledge, we typically prove one of two things:

Length of time

The substance was on the floor long enough that a reasonable business inspection would have found it. Surveillance video, employee testimony, and inspection logs are the keys here.

Regularity

The hazard occurred so frequently in that location (e.g., produce-aisle spills, restroom leaks, condensation from refrigerators) that the business had reason to expect it. This requires evidence of prior similar incidents at the same store.

Visitor Status: Invitee, Licensee, or Trespasser

Florida premises liability law treats different visitors differently. The property owner's duty depends on why you were there:

Invitee (highest duty owed)

A business customer, grocery shopper, hotel guest, restaurant diner, or anyone on the property for the owner's commercial benefit. The owner owes the duty to inspect the property, fix dangerous conditions, and warn of known hazards. Most slip-and-fall victims fall in this category.

Licensee (moderate duty)

A social guest, neighbor, or someone present with the owner's permission but not for the owner's commercial benefit. The owner must warn of known hazards but has no duty to inspect for unknown dangers.

Trespasser (lowest duty)

Someone on the property without permission. The owner only owes the duty not to willfully injure them. Exceptions apply for children attracted to hazardous conditions (the "attractive nuisance" doctrine).

Common Slip and Fall Locations & Causes in Florida

The Insurance Defense Playbook (What They Will Say)

Insurance defense lawyers have a standard playbook for Florida slip-and-fall cases. Understanding it lets us pre-empt each argument:

• "The condition was open and obvious." If you should have seen the hazard, you bear partial responsibility. We counter with photos showing the lighting, color, and surface that made the hazard hard to detect.
• "We had no notice." The constructive notice argument. We dismantle this with surveillance footage, maintenance schedules, and prior incident reports at the same location.
• "You were on your phone / distracted / wearing improper footwear." Comparative fault to reduce damages or push you past the 51% threshold under HB 837. We respond with witness testimony and proper documentation of the conditions.
• "Your injuries are pre-existing." They subpoena every medical record from the last 20 years looking for a prior back, knee, or hip issue. We counter with treating-physician testimony about the specific aggravation caused by the fall.
• "The amount sought is unreasonable." They offer 10-20% of true value. We respond with detailed damage calculations and credible trial preparation.

How We Prove Constructive Notice

Winning a Florida slip-and-fall case starts with attacking the constructive-notice element from day one:

Preservation letters within 48 hours

We send formal preservation demands to the property owner within 1-2 business days of being retained. This locks down surveillance video, maintenance logs, and incident reports that would otherwise be "routinely overwritten."

Subpoena surveillance footage

Big-box retailers like Publix and Walmart record every aisle. The video almost always shows whether the spill was 30 seconds old or 3 hours old. Defendants count on victims not knowing to demand it before the footage is destroyed.

Prior incident reports

If the same store had a similar slip-and-fall in the same area within the prior 12 months, that establishes regularity and shifts the constructive-notice analysis dramatically.

Maintenance and inspection logs

Most businesses are required to perform regular "sweep checks." A missing or falsified log is powerful evidence of constructive knowledge.

Florida Slip and Fall Lawyers — Cities We Serve

Florida's 2-Year Deadline for Slip and Fall Cases

Florida shortened the statute of limitations from 4 years to 2 years from the date of injury when HB 837 took effect in March 2023. This applies to all premises liability claims including slip-and-fall.

Compensation You Can Recover

• Medical bills — emergency care, surgery (orthopedic, spinal), physical therapy, future treatment
• Lost wages and lost earning capacity — current income plus career-long impact, especially for older victims
• Pain and suffering — physical pain, emotional distress, loss of enjoyment of life
• Future care — home modifications, mobility aids, in-home assistance for elderly victims with hip/back fractures
• Wrongful death damages — if a family member died from fall-related complications
• Punitive damages — when the property owner's conduct was egregious (ignored multiple prior incidents, falsified inspection logs)

What to Do After a Florida Slip and Fall

1. Report the incident immediately to a manager or supervisor. Get the incident report number. Without a contemporaneous report, defense will argue the fall didn't happen as you describe.
2. Photograph the hazard, the surrounding area, and your injuries from multiple angles before anyone cleans up. This is the single most important thing you can do for your case.
3. Get witness contact info. Names and phone numbers of anyone who saw the fall or saw the dangerous condition before you fell.
4. Get medical evaluation the same day, even if your injuries seem minor. Soft-tissue injuries and back/neck damage often present hours or days later.
5. Do NOT sign anything from the property's insurance. They will offer a quick small payment in exchange for a release of all claims.
6. Do NOT give a recorded statement. Insurance defense uses these to undermine your testimony at deposition.
7. Call a Florida slip and fall attorney within 7 days. Surveillance footage is routinely overwritten within 30 days — sometimes faster. Preservation letters must go out immediately.

Why Choose Kaiser Romanello

Kaiser Romanello, P.A. has represented Florida injury victims since 2002 and has recovered over $30 million for clients across slip-and-fall, car accident, truck, rideshare, and cruise cases. Our slip-and-fall practice is built around three principles:

• Attack constructive notice immediately. Most Florida slip-and-fall cases fail because the attorney waits to gather evidence. We send preservation demands within 48 hours, often before the defendant's insurance carrier is even aware of the claim.
• Identify every defendant. A slip-and-fall in a chain restaurant could involve the franchisee, the franchisor, the property management company, the cleaning subcontractor, and the insurance carrier for each. We pursue all of them.
• Prepare every case for trial. Insurance companies pay fair value only when they believe the case will reach a jury. Volume firms that signal they will accept any offer get lowballed. We don't.

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Frequently Asked Questions