Florida accident guide

Slip and fall at a Florida store: what you must prove

Written by Dolina Lascaze, Esq., a former prosecutor with about 19 years on the insurance and defense side. Updated October 5, 2026.

Key takeaways

For a spill or other transitory hazard, Florida requires proof that the business knew, or should have known, about it.
Video, incident reports, photos and witnesses can decide a case, and video is often overwritten quickly.
If you are found more than 50 percent at fault you generally cannot recover, so how you describe the fall matters.
The general deadline for a negligence lawsuit is two years for claims after March 24, 2023, but do not wait.
Claims against government property owners follow different rules.

The short answer: what you must prove in a Florida store fall

Falling in a store does not automatically make the business responsible. In a slip and fall on a transitory foreign substance inside a business, such as a spill, Florida requires the injured person to prove the business had actual or constructive knowledge of the dangerous condition and failed to use reasonable care (Florida Statutes 768.0755). In plain English, you need to show the business knew about the hazard, or that it was there long enough or happened often enough that the business should have known, and that the business did not act reasonably.

I am Dolina Lascaze. I am a former prosecutor, I spent about 19 years on the insurance and defense side of injury claims and I now represent injured people. When I reviewed store fall claims for insurers, the first questions were always the same. What was on the floor, how long had it been there and what did the store do about it? This article explains how those questions are answered and what you can do to protect your claim. It is general information, not advice about your case, and each fall depends on its facts. For a broader overview, see our guide to Florida personal injury lawyer services.

What Florida law requires

The statute focuses on transitory foreign substances in a business establishment, which means things like spilled liquids, food, a wet spot or an item that has landed on the floor. The injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it (Florida Statutes 768.0755).

Actual knowledge

Actual knowledge means someone at the business knew about the hazard, for example an employee saw the spill, or customers complained and nobody cleaned it up.

Constructive knowledge

Constructive knowledge can be shown when the condition existed long enough that the business should have discovered it, or when it occurred regularly enough that it was foreseeable. Circumstances such as dirt or tracks in a spill, a dried or melted substance, footprints and the absence of recent inspections can matter. The proof is often circumstantial, which is why video and inspection records are so valuable.

Not every fall involves a transitory substance. A broken tile, a torn mat, poor lighting, a cracked sidewalk or a missing handrail may be analyzed differently. How your fall is classified can affect what you must prove, so describe the hazard precisely.

Evidence that matters

Photos of the hazard and the area, taken before it is cleaned
The incident report, and a copy for you
Names of witnesses and employees who responded
Surveillance video. Ask the business in writing to preserve it.
Your shoes and clothing, which you should keep
Medical records beginning with your first visit

Time is the enemy of evidence. Many stores overwrite video within a short period, floors are cleaned and employees leave their jobs. A written preservation request sent promptly can make the difference between having the footage and arguing about what it might have shown.

Photograph the floor, the nearby aisle, any wet floor sign or the absence of one, and the lighting. Ask a family member to return and take photos if you cannot.

Also write down what you were doing, what you were carrying, what shoes you wore and exactly where you fell. Do it the same day. Details fade quickly.

Shared fault: how insurers argue you were responsible

Insurers sometimes argue the injured person was not paying attention or wore unsuitable shoes. Insurance adjusters typically look at whether you were on a phone, carrying items that blocked your view, walking quickly or ignoring a visible warning. Florida divides fault by percentage, and if you are found more than 50 percent responsible you generally cannot recover damages (Florida Statutes 768.81).

That makes your own statements important. Statements such as “I wasn't looking” can be repeated back later. You are not required to give a recorded statement to the store's insurer, and I recommend getting advice first. See our guide on recorded statements to insurance companies in Florida.

Store video can help you as well. It may show the substance on the floor before you arrived, employees walking past it or the absence of any inspection.

Deadlines and claims against government property

For negligence claims that arose after March 24, 2023, Florida generally allows two years to file a lawsuit (Florida Statutes 95.11). Do not wait until the end of that period. Evidence is lost long before a deadline arrives.

Different deadlines apply to claims against government property owners. A fall in a government building or on public property can involve sovereign immunity rules and special notice requirements. Florida caps recovery in many claims against the state and its agencies at $200,000 per person and $300,000 per incident (Florida Statutes 768.28), and the process has its own steps. If your fall happened on public property, call a lawyer early.

Where a lawsuit must be filed can also matter. Florida's venue statute (Florida Statutes 47.011) addresses where an action is brought, and the right county depends on the facts. The sooner a fall is analyzed, the more options you have, and if you were hurt by an animal instead, see our Florida dog bite lawyer page.

Medical bills and how treatment is documented

Florida limits the evidence of medical expenses a jury may hear, and special disclosures apply if you treated under a letter of protection (Florida Statutes 768.0427). How your treatment is billed and documented can affect your case, so it is important to talk with a lawyer before you commit to treatment arrangements.

See a doctor promptly and describe every symptom, including pain you think is minor
Follow the treatment plan and attend follow up visits
Tell each provider that the injury was from a fall at a business
Keep every bill, receipt and statement

Gaps in treatment are used to argue that the injury was not serious, or that something else caused it. If you cannot go to an appointment, document why.

Mistakes that hurt slip and fall claims

Leaving without reporting the fall to a manager
Not asking for an incident report or not keeping your copy
Throwing away the shoes you wore
Posting about the fall or your activities on social media
Accepting a quick offer before the full injury is known. See our guide on first settlement offers in Florida.
Signing paperwork from the store or its insurer without advice

Insurers use many ordinary actions to argue that an injury was minor. Photos of you at an event, a missed appointment or an offhand comment can all be used.

Common myths about store falls

Myth: The store is always responsible when someone falls. Florida requires proof of knowledge for transitory hazards.
Myth: A wet floor sign means you cannot recover. A sign is one fact among many, and its placement and timing matter.
Myth: If you did not go to the ER, there is no claim. Prompt care helps, but many people seek care within days when pain worsens.
Myth: You must accept the store's insurer's first offer. You do not.
Myth: Only big stores are responsible. Restaurants, apartment buildings, shopping centers and small businesses can all be involved.

What to do now

Report the fall to a manager and ask for an incident report.
Take photos and get witness names.
See a doctor and follow the treatment plan.
Send a written request that video be preserved.
Do not give a recorded statement before getting advice.

Lascaze Law helps people hurt in stores, restaurants, apartment buildings and other properties across Miami-Dade, Broward and Florida. The first consultation is free, you speak directly with the attorney and we offer remote intake by video and digital signing anywhere in the state. Our only office is in Aventura, and we hear from people in Miami Gardens, Tamarac, Orlando, Tampa, Port St. Lucie and Ocala. You can learn more about our Miami Gardens accident lawyer and Pine Hills accident lawyer pages, or call (305) 473-7858. We do not promise outcomes, but we will explain your options.

Whether you are looking for a Port St. Lucie accident lawyer, a Gainesville accident lawyer or a Margate accident lawyer, Florida's rules are the same statewide, and Lascaze Law offers a free consultation to injured people in all of these areas.

Frequently asked questions

What do I have to prove in a Florida slip and fall at a store?

For a transitory foreign substance such as a spill, you must prove the business had actual or constructive knowledge of the dangerous condition and failed to use reasonable care (Florida Statutes 768.0755). Constructive knowledge can be shown when the condition was there long enough that the business should have found it, or occurred regularly enough that it was foreseeable.

How long do I have to file a slip and fall lawsuit in Florida?

For negligence claims that arose after March 24, 2023, Florida generally allows two years under Florida Statutes 95.11. Different rules apply to claims against government property owners, including notice requirements. Evidence such as video can be lost much sooner, so do not wait to speak with a lawyer.

What if I was partly at fault for my fall?

Florida divides fault by percentage. If you are found more than 50 percent responsible, you generally cannot recover damages under Florida Statutes 768.81. If less, your damages may be reduced. Insurers often argue distraction or footwear, so avoid casual statements about what you were doing and get advice before speaking with an adjuster.

Should I report the fall and ask for an incident report?

Yes. Report it to a manager as soon as you can and ask for a copy of the incident report. Take photos of the hazard, get witness names and ask in writing that surveillance video be preserved. Keep your shoes and clothing. These steps can be hard to repeat later.

Does a wet floor sign mean I cannot recover?

Not necessarily. A sign is one fact among many. Courts and insurers look at whether the sign was visible, where it was placed, whether it was there before you fell and whether the business took other reasonable steps. Photograph the area and note whether any sign was present.

Is a fall on government property different?

It can be. Claims against government property owners can involve sovereign immunity, special notice requirements and caps. Florida limits many such recoveries to $200,000 per person and $300,000 per incident under Florida Statutes 768.28. Because the process differs, speak with a lawyer early if the property is public.

Should I give a recorded statement to the store's insurance company?

You are generally not required to. Adjusters often ask about what you were doing, what you were looking at and what shoes you wore, and answers can be used to argue shared fault. It is wise to get advice first and decline politely until then.

How can a Florida accident lawyer help after a store fall?

We preserve evidence, request video, identify the responsible parties and insurers, evaluate fault arguments and handle communications. Lascaze Law offers a free consultation and remote intake by video and digital signing anywhere in Florida. Call (305) 473-7858 to speak directly with the attorney.

Florida statutes referenced

About the author

Dolina Lascaze, Esq. is the founding and managing attorney of Lascaze Law in Aventura. She began her career as a prosecutor, spent about 19 years on the insurance and defense side, including trial work and senior leadership at a major insurance company, and now represents injured people across Florida. She has tried more than 40 criminal and more than 30 civil cases. Because she has seen how claims are evaluated from the inside, she can explain what insurers look for and how to protect your claim from the start. Read more.

This article is general information, not legal advice. Every case is different, laws change, and nothing here guarantees or predicts the outcome of any case.

Where Lascaze Law helps

Our only office is in Aventura. We represent injured people in these areas and across Florida: