Florida slip-and-fall claims: proving notice

The hazard alone is not the entire case.

Florida Statutes section 768.0755 applies when someone slips on a transitory foreign substance in a business establishment. In addition to proving the dangerous condition and resulting harm, the injured person must prove that the business actually knew or legally should have known about the condition and should have taken corrective action.

Constructive knowledge has two statutory paths.

Constructive knowledge may be shown with circumstantial evidence that the condition existed long enough that the business should have discovered it through ordinary care. It may also be shown by evidence that the condition occurred with such regularity that it was foreseeable. The appearance of the substance, witness observations, prior occurrences, and inspection timing may become important.

Preserve details before they disappear.

Photograph the substance, the surrounding floor, warning signs, lighting, and your injuries. Save your shoes, receipt, incident report, witness information, and medical records. Note the exact time and location and identify employees who responded. Surveillance footage and inspection or cleaning records may be time-sensitive, so discuss preservation promptly.

Fault and filing time require separate review.

Section 768.81 generally reduces damages in proportion to a claimant’s share of fault and bars recovery in an applicable negligence action when the claimant is found more than 50% at fault. Section 95.11 generally provides two years to commence a negligence action. Accrual, exceptions, defendants, and other pre-suit requirements can change the analysis, so do not calendar a deadline from this general rule alone.

Common questions