Question 1

What is a slip and fall claim in Florida?

Accepted Answer

A slip and fall claim is a type of premises liability lawsuit. It holds property owners and occupiers legally responsible when a dangerous condition on their property -- a wet floor, broken step, uneven pavement, poor lighting -- causes a visitor to fall and be injured. Florida law requires property owners to maintain their premises in a reasonably safe condition and to warn visitors of known hazards.

Question 2

What do I need to prove to win a slip and fall case in Florida?

Accepted Answer

You must prove three things: (1) The property owner knew or should have known about the dangerous condition -- either because they created it, were told about it, or it existed long enough that a reasonable inspection would have found it. (2) The owner failed to fix the hazard or provide adequate warning. (3) The dangerous condition directly caused your injuries. The first element -- notice -- is the most contested in most slip and fall cases.

Question 3

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

Accepted Answer

As of 2023, Florida's statute of limitations for slip and fall claims is 2 years from the date of the accident. Miss this deadline and you permanently lose your right to sue. Do not wait -- surveillance footage is often overwritten within 24-72 hours, and other evidence disappears quickly. Contact an attorney as soon as possible after your accident.

Question 4

What if I was partially at fault for my slip and fall?

Accepted Answer

You may still recover compensation. Florida uses a modified comparative fault system. As long as you are 50% or less at fault, you can recover damages -- reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover anything. Insurance companies routinely argue that the victim was distracted, wearing improper footwear, or ignoring obvious warning signs. An experienced attorney can counter these arguments with evidence.

Question 5

What should I do immediately after a slip and fall accident?

Accepted Answer

Report the incident to the property manager or store manager before leaving and ask for a written incident report. Photograph the dangerous condition, the scene, and your injuries before anything is cleaned up. Get the names and contact information of any witnesses. Seek medical attention the same day -- even if you feel you can walk it off. Preserve the shoes and clothing you were wearing. Do not give a recorded statement to the property owner's insurance company without first speaking to an attorney.

Question 6

How important is surveillance footage in a slip and fall case?

Accepted Answer

Surveillance footage can be decisive -- it shows exactly what happened, how long the hazard existed, and whether the property owner had notice. The critical problem is that most security systems overwrite footage within 24-72 hours. An attorney can send a legal preservation letter immediately to prevent the footage from being destroyed. This is one of the most important reasons to contact a lawyer as soon as possible after a slip and fall.

Question 7

Can I sue if I slipped and fell at a grocery store or supermarket?

Accepted Answer

Yes. Grocery stores and supermarkets are among the most common locations for slip and fall accidents in Florida -- spills in aisles, wet produce sections, freshly mopped floors without adequate warning signs. The store must prove it had a reasonable inspection program and that the hazard was not present long enough to be discovered. Juan Cordero Lawyers has recovered $225,000 in a slip and fall at a mall and $210,000 in a slip and fall at a supermarket.

Question 8

What if I slipped and fell at a hotel or resort in Florida?

Accepted Answer

Hotels and resorts owe guests a high duty of care. Common hazards include wet pool decks, slippery lobby floors, poorly lit outdoor walkways, and uneven surfaces. Hotels are required to inspect and maintain all common areas. If the hotel knew or should have known about the dangerous condition and failed to fix it or warn you, they can be held liable. These cases often involve significant damages given the severity of injuries that can result from falls on hard surfaces.

Question 9

Can I sue if I fell in a parking lot or parking garage?

Accepted Answer

Yes. Property owners are responsible for maintaining safe parking areas, including adequate lighting, properly maintained pavement, and clearly marked hazards. Potholes, broken pavement, poor lighting, and unmarked curbs are common causes of parking lot falls. The same notice requirement applies -- you must show the owner knew or should have known about the hazard.

Question 10

What damages can I recover in a Florida slip and fall case?

Accepted Answer

You can recover economic damages -- past and future medical expenses, lost wages, lost earning capacity, and out-of-pocket costs -- and non-economic damages including pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. In cases involving gross negligence -- where the property owner knowingly ignored a serious hazard for an extended period -- punitive damages may also be available.

Question 11

How much is a slip and fall case worth in Florida?

Accepted Answer

There is no single answer -- it depends on the severity of your injuries, whether they are permanent, your medical expenses, lost wages, and the strength of the evidence. Minor soft tissue injuries may settle for tens of thousands of dollars. Serious injuries -- broken hips, spinal injuries, traumatic brain injuries -- can result in settlements or verdicts of hundreds of thousands to millions of dollars. An attorney can evaluate the full value of your specific claim.

Question 12

Do I need a lawyer for a slip and fall case?

Accepted Answer

Slip and fall cases are notoriously difficult to win without legal representation. Property owners and their insurers have experienced legal teams whose job is to deny your claim. They will argue you were not paying attention, the hazard was obvious, or your injuries are exaggerated. An experienced premises liability attorney can obtain surveillance footage before it is deleted, subpoena maintenance records and prior incident reports, hire expert witnesses, and negotiate aggressively on your behalf. At Juan Cordero Lawyers, we handle slip and fall cases on a contingency fee basis -- you pay nothing unless we win.

Slip and Fall Questions, Answered

Injured? Call Now for a Free Consultation.

Slip & Fall FAQ Florida — Juan Cordero Lawyers

Slip and Fall Questions, Answered

Injured? Call Now for a Free Consultation.