Mike Hancock is the founder of Hancock Injury Attorneys, a former insurance defense attorney, and an AV-Preeminent–rated lawyer by Martindale-Hubbell, with over 35 years of experience practicing personal injury law.
Florida slip-and-fall laws can make it harder to get compensation after a fall than many people realize. These cases often involve tricky questions about who is responsible for keeping a property safe and whether the owner knew or should have known about a hazard but did nothing. You also need to collect the right evidence and meet important legal deadlines.
A Florida slip-and-fall lawyer from Hancock Injury Attorneys can help you handle these challenges and make sure you can seek the compensation you deserve.
What Are Common Florida Slip-and-Fall Laws?
Florida slip-and-fall cases follow a mix of rules, laws, and past court decisions that decide when someone can seek compensation. Usually, you need to show that a property owner or business did not take reasonable care of their property and that this led to your fall and injuries. Some common Florida slip-and-fall laws are:
What Are the Statutes of Limitation for Filing a Slip-and-Fall Claim?
Florida has a deadline for filing slip-and-fall and other premises liability claims. You have two years from the date of the accident to file a lawsuit.
If you miss this deadline, you may not be able to seek compensation from the business owner or homeowner. That’s why it’s important to meet with a Florida slip-and-fall lawyer as soon as you can and get your case started.
What's Constructive Knowledge and Hazardous Conditions in Premises Liability Cases?
One of Florida's slip-and-fall laws, Florida Statute § 768.0755, states that a person does not have the right to compensation from a property owner simply because they sustained injuries on the property. Instead, they must show that the property owner had actual or constructive knowledge of the hazard that led to the accident and should have mitigated it before the injury occurred.
Constructive knowledge means the law assumes someone knows about something, even if they say they do not. For example, a property owner might be considered to know about torn carpeting on their property, even if they claim they did not notice it.
What Is Florida’s Eggshell Plaintiff Rule?
In your accident case, the property owner might argue that your pre-existing medical conditions made your injuries worse. However, Florida’s eggshell plaintiff rule does not allow them to use this argument.
This law says that a defendant is responsible for what happens as a result of their actions, even if your injuries are worsened by a pre-existing condition. If the hazard on their property caused your injuries, they are still responsible.
Lawful Evidence Collection for Your Case
Gathering evidence is essential for building a strong slip-and-fall insurance claim or lawsuit. Your Florida slip-and-fall lawyer can help you collect evidence that is both legal and ethical. This might include:
- Photos and videos of the accident scene
- Security camera footage of the incident
- Witness testimonies
- Medical records
- Testimony from medical professionals
You might need a court order to obtain certain types of evidence, such as the property owner’s security camera footage. Let your attorney guide you through this process and help you avoid using evidence that may not be allowed in court.
Comparative Negligence in Slip-and-Fall Cases
Florida uses a modified comparative negligence rule. If you are found to be more than 50% responsible for the accident, you cannot get compensation. If you are partly at fault, your compensation is reduced by your percentage of fault. For example, if you are 20% responsible, you can only claim 80% of your damages.
In a Florida slip-and-fall case, your goal is to show enough evidence that you were not at all responsible for the accident.
Let Our Florida Slip-and-Fall Lawyers Help You
These cases can be more complicated than others because of Florida slip-and-fall laws, but an experienced attorney can help you through every step. At Hancock Injury Attorneys, we have extensive experience with these cases. Call us today at 813-915-1110 for a free consultation with our Florida slip-and-fall lawyers.
video transcript:
Hi, I’m Mike Hancock with Hancock Injury Attorneys. I want to answer the question: “Do I have a slip and fall case?”
First, let me just say that I’m sorry that you’ve been injured as a result of someone else’s negligence.
Second, let me try to answer the question: “Do you have a slip and fall case?”
Let me explain what we have to prove on behalf of our clients in Florida in order to successfully handle a slip and fall or trip and fall case.
What we have to do is prove that the business where you were injured was somehow negligent and that their negligence caused you to fall, trip, or be injured on their premises.
The way we do that is to prove that the employees knew that there might have been some sort of substance on the floor and failed to warn you about it, or we prove that the substance had been on the floor for such a long time that their failure to clean it up in a timely manner was negligence, and that was the reason you fell.
Sometimes, we’re able to prove that the actual employees of the business created a condition that was dangerous and caused you to be injured.
So those are some of the things that we have to prove on your behalf in order to successfully handle a slip and fall or trip and fall case against a business.
Throughout the years, we have successfully handled slip and fall and trip and fall cases for our clients against companies like Publix, Target, Walmart, Lowe's, Home Depot, and other companies where you might have been injured as a result of a slip and fall or trip and fall injury.
If you would like to discuss your particular slip and fall case with me in greater detail, give me a call at 813-915-1110. The consultation's always free. I’d be happy to discuss and answer any questions you might have.
FAQs
How do I know if I have a valid slip-and-fall case in Florida?
You may have a valid case if you were injured because a property or business owner was negligent, and that negligence caused your fall. This usually means showing that there was a dangerous condition (like a spill, torn carpet, or broken flooring) and that the owner or employees either knew about it and did nothing, or it existed long enough that they should have discovered and fixed it.
How long do I have to file a slip-and-fall claim in Florida?
According to Florida slip-and-fall laws, you have two years from the date of the accident to file a lawsuit. If you miss this statute of limitations, you can be barred from pursuing compensation, which is why it’s important to speak with a Florida slip-and-fall lawyer at Hancock Injury Attorneys as soon as possible. Call 813-915-1110 to schedule your free consultation today.
What does “constructive knowledge” mean in a Florida slip-and-fall case?
“Constructive knowledge” means the law treats the property owner as if they knew about the dangerous condition, even if they claim they didn’t. You can show constructive knowledge by proving the hazard existed long enough that a reasonable owner should have found and fixed it, or that similar conditions occurred regularly, making the hazard foreseeable.
What if I had pre-existing medical conditions that made my injuries worse?
Under Florida’s eggshell plaintiff rule, the property owner is still responsible for the full extent of your injuries, even if a pre-existing condition made them more severe. The defendant must “take you as they find you,” meaning they can’t avoid liability just because you were more vulnerable to injury.
What kind of evidence helps prove a slip-and-fall claim in Florida?
Strong evidence can include photos or videos of the accident scene and hazard, security camera footage, witness statements, your medical records, and testimony from medical professionals. Some evidence, like store surveillance footage, may require formal legal steps or a court order, so it’s important to work with a slip-and-fall lawyer at Hancock Injury Attorneys who can obtain and preserve this evidence properly. Call 813-915-1110 to schedule your free consultation today.