Florida Slip and Fall Lawyer | Broward County & Fort Lauderdale

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.

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.

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:

• Had actual knowledge of the condition — meaning an employee knew about the hazard and failed to clean it up or warn customers, or
• Had constructive knowledge — meaning the condition existed long enough that the business should have discovered it through ordinary care, or occurred with such regularity that it was foreseeable.

Proving constructive knowledge often comes down to surveillance footage, cleaning logs, maintenance records, and incident reports. Surveillance video at many Florida businesses is deleted on a 24 to 72-hour cycle. The moment you retain us, we send a preservation demand to the property owner. Time matters.

Falls Not Involving a Foreign Substance

Not all slip and fall claims involve a liquid or substance. Falls caused by broken flooring, uneven pavement, missing handrails, defective stairs, or inadequate lighting 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 fix or warn of it. We handle both categories.

Common Slip and Fall Locations in Broward County

• Grocery stores — wet produce areas, refrigeration leaks, freshly mopped floors
• Restaurants and bars — spilled beverages, unmarked step-downs, wet entrances
• Hotels and resorts — pool decks, lobby floors, stairwells
• Retail stores and shopping centers — stock spills, cluttered aisles, uneven lots
• Apartment and condominium complexes — common areas, parking structures, walkways
• Government-owned property — sidewalks, parks, public buildings (special rules apply)
• Cruise ship terminals — a common South Florida issue requiring specific legal analysis
• Construction sites and workplaces

Injuries Commonly Caused by Slip and Fall Accidents in Florida

• Traumatic brain injury — particularly from falls striking the back of the head
• Spinal cord injuries
• Hip fractures — particularly serious in older victims
• Knee injuries — torn ACL, MCL, or meniscus
• Shoulder injuries — rotator cuff tears from bracing during the fall
• Wrist and arm fractures from outstretched hands
• Soft tissue injuries that may not appear on initial imaging but cause chronic pain

What to Do Immediately After a Slip and Fall in Florida

• Report the accident to the property manager or store manager before leaving
• Request a copy of the incident report — preserves the contemporaneous record
• Photograph the hazard, the area, and any wet floor signs (or lack thereof)
• Get names and contact information from witnesses
• Seek medical attention promptly — even if injuries seem minor
• Do not give a recorded statement to the property owner’s insurer
• Call Florida Advocates — we send a preservation letter for surveillance footage immediately

Special Rules: Slip and Falls on Florida Government Property

If your fall occurred on government-owned property — a city sidewalk, county park, or public building — different rules apply. Florida’s sovereign immunity law caps damages against government entities and requires a formal notice of claim to be filed before a lawsuit can begin. You must file this notice within three years of the accident. If you fell on government property, contact an attorney as quickly as possible.

Florida’s Modified Comparative Negligence and Slip and Fall Claims

Florida’s modified comparative negligence rule allows you to recover even if you were partly at fault — for example, if you were looking at your phone or wearing inappropriate footwear. Your recovery is reduced by your percentage of fault but is not eliminated unless you are more than 50% responsible. Insurers routinely attempt to shift blame onto the injured person. We anticipate these arguments from the start.

Statute of Limitations — Two Years

Florida law gives you two years from the date of your fall to file a personal injury lawsuit. If the property is government-owned, the timeline for a pre-suit notice is even shorter. Contact us as early as possible.

About Attorney Susan Brown — Florida Advocates Personal Injury Lawyers

Susan Brown oversees the personal injury division at Florida Advocates. Before becoming an attorney, Susan worked as an insurance adjuster handling bodily injury and workers’ compensation claims. 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 attorneys who have only ever worked on one side of a case.

Susan earned her J.D. with Honors from the University of Florida College of Law (1999), receiving the Book Award in Legal Drafting and a Trial Advocacy Scholarship. She is admitted to the U.S. District Courts for the Northern, Middle, and Southern Districts of Florida, and has argued and won cases before the Eleventh Circuit Court of Appeals. Susan is a member of the Million Dollar Advocates Forum — a designation reserved for attorneys who have achieved million-dollar-plus verdicts and settlements — and the Broward County Trial Lawyers Association.

Frequently Asked Questions — Florida Slip and Fall Cases

Serving Slip and Fall Victims Across South Florida

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.