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Florida Slip and Fall Lawyer | Broward County & Fort Lauderdale
Florida Slip and Fall Lawyer
Insurance Companies Defend These Claims Aggressively. Susan Brown Knows Why — She Used to Build Their Defenses.
Florida Advocates represents slip and fall victims throughout Broward County, Fort Lauderdale, and South Florida. When you have been seriously injured because a property owner failed to maintain safe conditions, you need an Lawyer who understands exactly how to prove the property owner knew or should have known about the danger — and exactly how to defeat the standard insurer playbook for denying these claims.
Susan Brown spent years as a bodily injury insurance adjuster before becoming a trial Lawyer. She evaluated slip and fall claims, reviewed surveillance footage, and developed the arguments insurers use to deny them. Now she uses that inside knowledge to defeat those exact arguments — starting from day one.
Florida Slip and Fall Claims Are More Legally Complex Than They Appear
Many people who are seriously injured in a slip and fall assume the case is straightforward: they fell, the property was unsafe, someone is liable. Florida law is more nuanced than that — and property owners’ insurers count on that complexity to deny or minimize claims.
Under Florida Statute Section 768.0755, if you slipped on a transitory foreign substance in a business, you must prove the business had actual or constructive knowledge of the dangerous condition and failed to address it. That is a higher legal standard than most people expect — and it is why having experienced legal representation from day one is essential.
Under Florida Statute 768.0755, you must prove the business had actual or constructive knowledge of the hazard. This is a higher standard than most states impose on injured plaintiffs.
Susan Brown spent years evaluating exactly these types of claims for insurance companies. She knows the evidence that proves them — and the moves insurers make to defeat them.
Florida Slip and Fall Statistics — A Hidden Epidemic
Slip and fall accidents are among the leading causes of emergency room visits in the United States. According to the Centers for Disease Control and Prevention:
| Statistic | Number |
|---|---|
| Americans treated for fall injuries each year | 1 million+ |
| Falls as cause of traumatic brain injury (TBI) | #1 leading cause |
| Falls causing serious injury (broken bone or head injury) | 1 in 5 |
| Hip fractures caused by falls | 95% |
In Florida, the combination of year-round wet weather, high tourist traffic, aging infrastructure, and a large senior population creates conditions where slip and fall injuries are especially common. Broward County’s shopping centers, hotels, restaurants, and condominium complexes see thousands of fall injuries annually.
For adults over 65, the consequences are often severe. Hip fractures are particularly devastating — many victims never fully recover their mobility, and falls remain the leading cause of injury-related death in this age group.
These injuries are preventable. When property owners fail to maintain safe conditions, they should be held accountable.
Why Susan Brown Handles Slip and Fall Cases Differently
Most personal injury Lawyers have only ever worked one side of a slip and fall claim — the plaintiff’s side. Susan Brown worked on both sides before she ever set foot in a courtroom as a trial Lawyer.
Before law school, Susan worked as a bodily injury insurance adjuster. She evaluated slip and fall claims, reviewed surveillance footage, analyzed cleaning logs, and developed the arguments that insurers use to deny or minimize these cases. She was selected as the designated adjuster for her company’s largest insured, managing complex claims under specialized handling procedures. She was then recruited by the state’s largest personal injury firm — which is where she decided to pursue her law degree to do that work herself.
When Susan takes on your slip and fall case, she is not guessing what the insurance company is going to argue. She already knows. And she begins gathering the evidence that defeats their strategy from day one — including the immediate preservation letter that protects surveillance footage before it gets deleted on the standard 24 to 72-hour cycle most businesses operate on.
Learn more about Susan Brown →
Understanding Florida Statute Section 768.0755
Florida’s transitory foreign substance statute applies when a person slips on something — liquid, food, debris — in a business establishment. It requires proving that the business either:
Actual Knowledge
An employee knew about the specific hazard and failed to clean it up or warn customers. Proof typically comes from witness testimony, employee statements, prior incident reports involving the same hazard, or internal communications.
Constructive Knowledge
The condition existed long enough that the business should have discovered it through ordinary care, OR the condition occurred with such regularity that it was foreseeable. Proof typically comes from surveillance footage showing how long the hazard was present, cleaning logs showing inspection schedules were not followed, prior incident reports, and witness testimony.
Surveillance video at many Florida businesses is deleted on a 24 to 72-hour cycle. Time matters. The moment you retain us, we send a preservation demand to the property owner. If the footage is deleted before that demand goes out, critical evidence is lost forever.
Falls Not Involving a Foreign Substance
Not all slip and fall claims fall under Section 768.0755. Falls caused by broken flooring, uneven pavement, missing handrails, defective stairs, inadequate lighting, or broken tiles are governed by general premises liability principles. These cases require showing the property owner knew or should have known about the structural condition and failed to repair it or warn of the danger.
We handle both categories — transitory substance cases under Section 768.0755 and structural defect cases under general premises liability law.
What Insurance Companies Do After a Florida Slip and Fall
Property owners carry liability insurance for exactly these situations. But when a claim is filed, the insurer’s goal is to pay as little as possible. Common tactics we see in Broward County slip and fall claims include:
- Claiming they had no knowledge of the hazard — the most common defense and the one Section 768.0755 forces injured plaintiffs to overcome
- Arguing the spill occurred moments before the fall and there was no time to address it
- Requesting a recorded statement while you are still in pain and before you understand your injuries
- Reviewing surveillance footage privately and claiming it shows nothing — without providing a copy to you or your Lawyer
- Allowing surveillance footage to be “routinely deleted” before you can obtain it
- Arguing you were distracted, wearing inappropriate footwear, or otherwise contributed to your fall
- Disputing the severity of your injuries or claiming they were pre-existing
- Offering a quick settlement — or a gift card — before you have completed medical treatment
- Asking you to sign a release disguised as an “incident report” or “settlement of claim”
- Delaying the claim until you are financially pressured to accept less
The moment you retain Florida Advocates, all communication with the insurance company goes through us. We send preservation letters immediately to protect surveillance footage and cleaning logs. You will not be pressured or misled. We handle the insurer while you focus on your recovery.
Common Slip and Fall Locations in Broward County
Grocery Stores
Wet produce areas, refrigeration leaks, freshly mopped floors, spilled liquids in beverage aisles, ice from the seafood department, broken jars
Restaurants and Bars
Spilled beverages, grease near kitchen areas, unmarked step-downs, wet entrances during rain, wet bathroom floors, food debris
Hotels and Resorts
Pool decks, lobby floors during rain, bathroom tiles, stairwells, poorly lit hallways, wet entrances after housekeeping mops
Retail Stores and Shopping Centers
Stock spills, cluttered aisles, uneven flooring transitions, parking lot potholes, broken curbs, wet entryways
Apartment and Condominium Complexes
Common areas, parking structures, walkways, pool areas, stairwells, broken railings, inadequate lighting, missing handrails
Office Buildings
Recently mopped lobbies, elevator thresholds, parking garages, wet entrances during rain
Hospitals and Medical Facilities
Wet floors, cluttered hallways, poor lighting, equipment in walkways
Government-Owned Property
Sidewalks, parks, public buildings, bus stations — special sovereign immunity rules apply (see below)
Cruise Ship Terminals
A common South Florida issue requiring specific legal analysis — Port Everglades and Port of Miami terminals
Construction Sites and Workplaces
Debris, uneven surfaces, inadequate barriers, exposed rebar, wet concrete
Injuries Commonly Caused by Slip and Fall Accidents
Slip and fall injuries range from minor to catastrophic. Common injuries we see in Broward County cases include:
- Traumatic brain injury (TBI) — particularly from falls striking the back of the head on hard flooring
- Concussion — even without loss of consciousness, with symptoms that may not appear immediately
- Spinal cord injuries — herniated discs, nerve damage, in severe cases paralysis
- Hip fractures — particularly serious in older victims, often requiring surgery and extended rehabilitation
- Knee injuries — torn ACL, MCL, or meniscus requiring surgical repair
- Shoulder injuries — rotator cuff tears from bracing during the fall
- Wrist and arm fractures — from outstretched hands attempting to break the fall
- Ankle fractures and sprains
- Facial injuries — broken nose, dental damage, lacerations
- Soft tissue injuries — damage that may not appear on initial imaging but causes chronic pain
- Psychological injuries — fear of falling, anxiety, loss of independence (particularly in seniors)
- Wrongful death — when a fall results in fatal head trauma or complications
Damages You Can Recover After a Florida Slip and Fall
- Medical expenses — emergency care, hospitalization, surgery, physical therapy, future treatment
- Lost wages — time missed from work during recovery
- Reduced earning capacity — if injuries prevent you from returning to your previous occupation
- Pain and suffering — physical pain and discomfort
- Emotional distress — anxiety, depression, fear of falling
- Permanent disability or disfigurement
- Loss of enjoyment of life — inability to participate in activities you previously enjoyed
- Loss of consortium — impact on your relationship with your spouse
- Wrongful death damages — if a loved one died as a result of fall injuries
What to Do Immediately After a Slip and Fall in Florida
- Report the accident to the property manager or store manager before leaving — request that they create an incident report
- Request a copy of the incident report — this preserves the contemporaneous record of what happened
- Photograph the hazard, the surrounding area, your injuries, your footwear, and any wet floor signs (or lack thereof)
- Look for surveillance cameras and note their locations
- Get names and contact information from witnesses
- Seek medical attention promptly — even if injuries seem minor, some injuries do not present symptoms immediately
- Keep the shoes and clothing you were wearing — do not wash or discard them
- Do not give a recorded statement to the property owner’s insurer
- Do not sign anything — including incident reports that contain liability waivers or releases
- Do not accept gift cards or quick settlement offers
- Contact Florida Advocates — we send a preservation letter for surveillance footage immediately
Request a copy of the incident report before leaving the property. Do NOT sign anything — many “incident reports” contain hidden liability waivers or releases.
Special Rules: Slip and Falls on Florida Government Property
If your fall occurred on government-owned property — a city sidewalk, county park, state building, or public facility — different rules apply under Florida’s sovereign immunity law (Florida Statute § 768.28).
Different rules apply to government property cases — damages are capped, a formal pre-suit notice of claim is required, and the timeline is strict. Missing the notice deadline can permanently forfeit your right to compensation.
Damages against government entities are capped at $200,000 per person and $300,000 per incident under Florida’s sovereign immunity statute. You must file a formal notice of claim with the appropriate government entity before a lawsuit can begin, and the entity has 6 months to investigate before suit can be filed. Additionally, proving negligence against a government entity often requires meeting higher standards than claims against private property owners.
If you fell on government property in Broward County or anywhere in South Florida, contact an Lawyer as quickly as possible.
Florida’s Modified Comparative Negligence and Slip and Fall Claims
Florida follows a modified comparative negligence rule under Florida Statute § 768.81, revised in March 2023:
- If you are found partially at fault below 50%, your recovery is reduced by your percentage of fault
- If you are found more than 50% at fault, you cannot recover any damages
Insurance companies routinely attempt to shift blame onto the injured person. Common arguments include:
- You were looking at your phone instead of watching where you were going
- You were wearing inappropriate footwear — flip-flops, high heels, worn soles
- You ignored warning signs or barriers
- You were walking too fast or not paying attention
- You should have seen the hazard and avoided it
- You were intoxicated
- You were carrying items that obstructed your view
Example: If your damages are $100,000 and the insurer convinces a jury you were 20% at fault for being distracted, you recover $80,000. If they convince a jury you were 51% at fault, you recover nothing.
We anticipate these arguments from the start and build the evidence that defeats them. Even if you bear some responsibility, you may still be entitled to significant compensation. Susan’s experience as a former insurance adjuster means she knows exactly how comparative fault arguments are constructed — and exactly how to dismantle them.
Florida Slip and Fall Statute of Limitations — Two Years
Two years from the date of your fall — but surveillance footage may be deleted within 24 to 72 hours. Contact us immediately.
Florida law gives you two years from the date of your fall to file a personal injury lawsuit. Special deadlines apply when:
- A government entity is the defendant — pre-suit notice within 3 years under Fla. Stat. § 768.28, with damage caps applicable
- The fall caused a death — a wrongful death claim must be filed within 2 years of the date of death
- A minor was injured — additional considerations may apply to the limitations period
The bigger practical deadline, however, is the evidence deadline. Surveillance footage is often deleted within 24 to 72 hours. Cleaning logs may be discarded. Witnesses forget details. The hazard itself may be cleaned up, repaired, or altered. Contact us as early as possible to preserve the evidence that proves your case.
About Lawyer Susan Brown
Susan Brown oversees the Personal Injury Department at Florida Advocates. Before becoming an Lawyer, Susan worked as a bodily injury and workers’ compensation insurance adjuster. She was then recruited by the state’s largest personal injury firm — which is where she decided to pursue her law degree. That inside knowledge of how insurance companies evaluate, delay, and undervalue claims is what sets her apart from Lawyers who have only ever worked one side of a case.
Education
- J.D. with Honors — University of Florida College of Law (1999)
- Book Award in Legal Drafting
- Trial Advocacy Scholarship (won written competition)
- Teaching Assistant — Appellate Advocacy and Legal Research & Writing
- B.S. — Florida State University
Court Admissions
- Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
- U.S. Court of Appeals for the Eleventh Circuit
Appellate Experience
- Argued and won cases before the U.S. Court of Appeals for the Eleventh Circuit
- Argued and won cases before the U.S. District Court for the Middle District of Florida
Professional Memberships
- Broward County Trial Lawyers Association
Insurance Insider Background Worked as an insurance adjuster (workers’ compensation and bodily injury) before law school. Recruited by Florida’s largest personal injury firm. Throughout her legal career has represented both plaintiffs and insurance companies — which gives her a perspective most personal injury Lawyers simply do not have.
Learn more about Susan Brown →
Frequently Asked Questions — Florida Slip and Fall Cases
What do I need to prove to win a slip and fall case in Florida?
Under Florida Statute 768.0755, you must prove the property owner had actual or constructive knowledge of the dangerous condition. This means showing either that an employee knew about the hazard and failed to address it, or that the condition existed long enough that it should have been discovered through reasonable care. Surveillance footage, cleaning logs, and witness testimony are critical evidence.
What if there was a wet floor sign — can I still recover?
The presence of a wet floor sign does not automatically defeat your claim. If the sign was inadequate, placed after the fall, positioned where it could not reasonably be seen, or if the hazard extended beyond the warned area, a claim may still succeed. The question is whether the business acted reasonably under all the circumstances.
What if I fell at a friend’s home or a private residence?
Premises liability applies to private residences as well as businesses. Homeowners’ insurance typically covers these claims. We can evaluate whether liability exists and whether coverage is available. Many homeowners are unaware that their insurance covers guest injuries.
The store offered me a gift card and asked me to sign something. What do I do?
Do not sign anything. A property owner or insurer offering an early settlement, gift card, or asking for a release of claims is attempting to resolve the matter before you understand the full extent of your injuries or your legal rights. Once you sign a release, you cannot pursue additional compensation even if your injuries turn out to be more serious than initially thought. Contact us before signing anything.
How long does a Florida slip and fall case take to resolve?
Slip and fall cases typically resolve within 6 to 18 months depending on the complexity of proving knowledge, the severity of injuries, and the willingness of the insurer to negotiate fairly. Cases requiring litigation can take longer. The key is preserving evidence — especially surveillance footage — from day one.
What if I was partially at fault for my fall?
Under Florida’s modified comparative negligence rule, you can recover compensation as long as you were not more than 50% at fault. Your recovery is reduced by your percentage of fault. For example, if your damages are $100,000 and you are found 20% at fault for looking at your phone, you recover $80,000. Countering blame-shifting arguments is a core part of what we do.
Do I have to go to court?
Most Florida slip and fall cases resolve through negotiated settlement without going to trial. However, we prepare every case as if it will go to trial — because insurers settle for more when they know the opposing Lawyer is genuinely prepared to litigate.
What if surveillance footage was already deleted before I contacted an Lawyer?
The case is not necessarily over. There are other forms of evidence that establish constructive knowledge: cleaning logs, employee schedules, prior incident reports involving the same area, witness testimony, weather records, and statements from the property’s own employees. We can also pursue a “spoliation of evidence” argument if the footage was destroyed after the property owner knew of the claim.
What does it cost to hire Florida Advocates for my slip and fall case?
Nothing unless we recover for you. We work on a contingency fee basis and advance all costs (filing fees, expert witnesses, medical records). You pay nothing unless we win your case.
Florida Slip and Fall Local Resources
Hospitals & Trauma Centers (Broward County)
Broward Health Medical Center
(Level I Trauma Center — Adult & Pediatric) 1600 S Andrews Avenue, Fort Lauderdale, FL 33316
Phone: (954) 355-4400
Website
Memorial Regional Hospital
(Level I Trauma Center) 3501 Johnson Street, Hollywood, FL 33021
Phone: (954) 987-2000
Holy Cross Hospital
4725 N Federal Highway, Fort Lauderdale, FL 33308
Phone: (954) 771-8000
Courts
Broward County Courthouse (17th Judicial Circuit)
201 SE 6th Street, Fort Lauderdale, FL 33301
Phone: (954) 831-6565
Website
We represent clients throughout Broward County and South Florida — Fort Lauderdale, Dania Beach, Hollywood, Pompano Beach, Coral Springs, Plantation, Weston, Hallandale Beach, Pembroke Pines, Miramar, Boca Raton, and surrounding areas.
Contact Florida Advocates for a free case evaluation. You pay nothing unless we recover for you.
Why Choose Florida Advocates for Your Slip and Fall Claim
You may have seen billboards, TV commercials, and online ads promising fast settlements. Many of these are “settlement mills” — high-volume firms that push for fast settlements rather than maximum recovery. Slip and fall cases are particularly poorly served by this approach because they require methodical evidence-gathering and strategic legal analysis.
At Florida Advocates, we take a different approach:
- Direct Lawyer involvement — Susan Brown personally oversees your case
- Immediate evidence preservation — preservation letters go out the same day you retain us
- Insurance insider knowledge — we know how slip and fall claims are valued and defended because Susan used to do that work
- Federal court experience — we can litigate at any level
- No rushed settlements — we build cases for maximum value, not quick turnover
You deserve more than a billboard. You deserve an advocate who will actually pursue your full recovery.
No Fee Unless We Win
We work on a contingency fee basis. That means:
- Free consultation — no cost to speak with us about your case
- No upfront fees — we advance all case costs
- No Lawyer fees unless we recover for you
You will never receive a bill from us while your case is active. We only get paid when you do.
About Florida Advocates
Florida Advocates is a personal injury law firm headquartered in Dania Beach, Florida — in the heart of Broward County. We represent slip and fall victims throughout Fort Lauderdale, Broward County, and all of Florida.
Office Locations:
Dania Beach (Broward County) — Headquarters
45 E Sheridan Street Dania Beach, FL 33004
North Miami (Miami-Dade County)
13499 Biscayne Blvd #107 North Miami, FL 33181
Tampa (Hillsborough County)
238 E Davis Blvd #210 Tampa, FL 33606
Phone: 754-290-3803
Email: info@fladvocates.com
Hours: Monday – Friday: 9:00 AM – 5:00 PM
Available by phone 24/7 for emergencies
Serving Slip and Fall Victims Throughout South Florida
Florida Advocates represents slip and fall victims throughout Broward County, Miami-Dade County, Palm Beach County, and Hillsborough County, including:
- Fort Lauderdale
- Dania Beach — Office Location
- Hollywood
- Pembroke Pines
- Coral Springs
- Plantation
- Hallandale Beach
- Miramar
- Weston
- Pompano Beach
- Boca Raton
- Miami
- Miami Beach
- Hialeah
- North Miami
- Tampa
If you were injured in a slip and fall anywhere in Florida, we can help.
Contact a Florida Slip and Fall Lawyer
If you or a loved one has been injured in a slip and fall accident anywhere in Florida, contact Florida Advocates today for a free, confidential consultation. Time matters in slip and fall cases — surveillance footage is often deleted within days. Call now to protect the evidence that proves your case.
Call: 754-290-3803
Email: info@fladvocates.com
Call us for a free consultation. You pay nothing unless we recover for you. After all, isn’t that what family would do?
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