Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
What do I have to prove in a Florida slip and fall case?
For a fall on a spill or other substance in a business, you must prove the business had actual or constructive knowledge of the dangerous condition and should have fixed it or warned you.
Florida Statute 768.0755 sets this rule for "transitory foreign substances," things like spilled liquid, produce, or ice on a floor. Knowledge can be shown two ways:
- Actual knowledge: an employee saw it, was told about it, or caused it.
- Constructive knowledge: the condition was there long enough that the business should have found it, or this kind of condition happened regularly and was foreseeable.
Other premises cases, like broken stairs, missing handrails, poor lighting, uneven walkways, and unsafe parking lots, are judged under ordinary negligence: did the owner fail to keep the property reasonably safe or warn about a danger it knew about?
What evidence matters in a slip and fall case?
Surveillance video is usually the most important evidence, followed by cleaning and inspection logs, incident reports, and employee statements.
The video can show how long the hazard was on the floor, whether employees walked past it, and exactly how you fell. Many systems record over footage in days or weeks. I send preservation demands right away, specific to the store, the date, the cameras, and the records that matter. Read more about why evidence preservation matters.
What you can do: photograph the hazard and your shoes, get names of employees and witnesses, ask that an incident report be made, and get medical care the same day if you can.
How long do I have to file a slip and fall lawsuit in Florida?
For most falls on or after March 24, 2023, you generally have two years to file a negligence lawsuit. Fla. Stat. § 95.11(5)(a).
Falls on government property, such as a city building or public sidewalk, come with written-notice requirements and other rules. Don't wait on those.
What if the store says I should have been watching where I was going?
Florida's comparative fault rule reduces your recovery by your share of fault, and bars recovery only if you are found more than 50% at fault.
"Open and obvious" and "you weren't paying attention" are the most common defenses. Good evidence about the condition, the lighting, the display that drew your eye, and how long the hazard sat there is how those defenses are answered.
Common questions
Do I have a case if I fell at a grocery store in Jacksonville?
You may. It depends on whether the store knew or should have known about the hazard, which usually turns on video, logs, and witnesses. The sooner those are preserved, the better.
Should I give a recorded statement to the store's insurance company?
Not before talking to a lawyer. Those statements are used to argue the hazard was obvious or that your injuries came from something else.
What if my MRI was normal after the fall?
A normal MRI does not mean you are not hurt. See why serious injuries can happen in "minor" accidents.
This page is general information about Florida law, not legal advice for your situation.