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
02 The first week
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.
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.
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.