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Can You Sue a Store After a Slip and Fall in Florida?
5 min read
By: Caine Law
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Quick answer
Yes, you can sue a store after a slip and fall in Florida, but you must prove more than the fall itself. When you slip on a spill or other substance in a business, Florida law requires you to show the store knew, or should have known, about the hazard and failed to fix it. Evidence of how long the hazard was there is often the key to the case.
Key takeaways
Florida’s slip-and-fall statute requires proof that the store had actual or constructive knowledge of the hazard.
Constructive knowledge can be shown by how long the hazard was there or by a pattern of similar hazards.
Store surveillance video is often the most important evidence, and it can be erased quickly.
Your own share of fault can reduce, or in some cases bar, recovery.
Most slip-and-fall lawsuits must be filed within two years.
In this article
What does Florida law require in a store slip-and-fall?
What is “constructive knowledge”?
How do stores defend slip-and-fall claims?
What evidence should I collect after a fall?
What if I was looking at my phone or wearing the wrong shoes?
Frequently asked questions
About the author
What does Florida law require in a store slip-and-fall?
Florida law requires a person who slips on a “transitory foreign substance” in a business to prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to fix it. The rule is in section 768.0755 of the Florida Statutes.
A transitory foreign substance is anything that does not belong on the floor: spilled drinks, produce, water from a leaking cooler, cleaning liquids, or rainwater tracked inside. The statute applies to businesses such as grocery stores, retail stores, and restaurants.
What is “constructive knowledge”?
Constructive knowledge means the store should have known about the hazard even if no employee actually saw it. Under Florida law, it can be proven in one of two ways:
Way to prove it | What it means | Example |
Length of time | The hazard was there long enough that the store should have found it with ordinary care | A puddle with cart tracks and footprints through it |
Regular occurrence | The condition happened so often it was foreseeable | A cooler that leaks onto the same aisle every week |
Actual knowledge is more direct: an employee saw the spill, was told about it, or caused it.
How do stores defend slip-and-fall claims?
Stores and their insurers usually defend slip-and-fall claims with a few predictable arguments:
“We didn’t know.” They argue the spill happened seconds before the fall.
“It was open and obvious.” They argue you should have seen and avoided the hazard.
“We inspected regularly.” They produce sweep logs or inspection records.
“You weren’t paying attention.” They try to shift fault to you.
Each argument can be tested with evidence, which is why acting quickly matters.
What evidence should I collect after a fall?
Report the fall to a manager and ask for a copy of the incident report.
Photograph the substance, the area, any warning signs (or lack of them), and your shoes.
Look for signs that the hazard had been there a while: footprints, cart tracks, dried edges.
Get names and phone numbers of witnesses, including employees.
Ask that surveillance video be preserved, and have an attorney send a written preservation request quickly.
Get medical care right away and keep your records.
Before hiring an attorney, read 9 questions to ask your slip and fall attorney. For a broader checklist, see how to document evidence for a personal injury claim in Florida.
What if I was looking at my phone or wearing the wrong shoes?
Your own carelessness does not automatically end the claim, but it can reduce it. Under Florida’s modified comparative negligence rule, your recovery is reduced by your share of fault, and you generally cannot recover if you are found more than 50% at fault. Learn more in what happens if you were partly at fault for an accident in Florida.
Frequently asked questions
How long do I have to sue after a slip and fall in Florida?
Most slip-and-fall lawsuits are negligence claims, which generally must be filed within two years. See how long you have to file a personal injury claim in Florida.
Does the same rule apply if I tripped over something?
The statute covers transitory foreign substances like spills. Trip hazards such as broken flooring, uneven mats, or merchandise in an aisle are analyzed under general premises liability rules.
Should I accept the store’s offer to pay my medical bills?
Be careful. Accepting payment can come with a release of your claim. Read any document before signing and talk to an attorney.
What if the store says there is no video?
Ask in writing as soon as possible. If video existed and was destroyed after a preservation request, that can become an issue in the case.
About the author
Daniel Caine is the founding attorney of Caine Law in Miami. He has more than 20 years of legal experience, including years defending insurance companies, and now represents people injured in slip-and-fall and other accidents across Florida. He is licensed in Florida and Ohio.
Hurt in a fall at a store or restaurant? Schedule a free consultation with Caine Law.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different.
