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Miami and Tampa slip and fall lawyer

The spill is not the case. How long it sat there is.

Florida rewrote the law on falls in business premises and put the burden squarely on the injured person. It is not enough that there was something on the floor and that you fell on it. You have to prove the business knew, or should have.

What you must prove
KnowledgeActual or constructive. Fla. Stat. § 768.0755
Store video
DaysMany systems overwrite within a week
Deadline to sue
2 yearsFalls on or after 24 March 2023. Fla. Stat. § 95.11
Fault limit
50%Over half at fault and the claim is barred. § 768.81

01 What the statute requires

What constructive knowledge means in a Florida fall claim

Section 768.0755 allows constructive knowledge to be shown two ways: that the condition existed for such a length of time that the business should have discovered it, or that it occurred with regularity and was therefore foreseeable.

Both are proved circumstantially. Dried edges on a puddle, cart tracks and footprints through it, melted ice, and a sweep log with a long gap all establish duration. A pattern of prior incidents in the same aisle establishes regularity.

None of that evidence belongs to you. It belongs to the defendant, and it has a retention schedule.

02 The first week

What to do after a slip and fall in a Florida store

Report it before leaving and ask for a copy of the incident report. Photograph the substance before anyone cleans it, wide enough to show the aisle and close enough to show the edges and any tracking.

Then the video. A written preservation demand sent in the first days obliges the business to keep the footage. Sent in month two it is a letter about a recording that no longer exists.

03 Where these cases come from

Miami-Dade

Miami-Dade falls come from supermarkets, big-box retail, hotels and apartment common areas across the county. Claims are filed at the Circuit Court on West Flagler, or the South Dade Justice Center for the south of the county.

The Miami office · Homestead

Hillsborough

Hillsborough falls run through retail along Dale Mabry and Fletcher, hotels near the airport, and the distribution sites along the interstate, where a loading dock is as common a hazard as a spill. Filing is at the Circuit Court on East Twiggs Street.

The Tampa office

04 What damages a claim

  • Leaving without reporting it, so no incident report exists.
  • Cleaning yourself up and going home before photographing the floor.
  • Waiting weeks, by which time the footage is gone.
  • Taking a gift card or a paid ER bill in exchange for a signature.

Frequently asked questions about Florida slip and fall

The floor had just been mopped and there was no sign. Is that enough?

It is strong, because it goes to actual knowledge — an employee created the condition and knew about it.

Establish who mopped and when. The cleaning schedule and the employee’s own account turn a missing sign into proof rather than an assertion.

I did not feel hurt until the next day. Does that ruin it?

No, and it is extremely common with back and shoulder injuries. What it affects is proof, because the gap gives the defense a story about some other cause.

Seeing a doctor promptly once symptoms appear, and telling them it followed the fall, closes most of that gap.

Tell Jose what happened

A free review of your slip and fall case, with no obligation, and no fee and no costs unless there is a recovery. English or Spanish, whichever you would rather use. You speak with Jose A. Dapena directly at every stage, not with an intake department — and if there is no claim worth bringing, he will tell you that.