An Injury Attorney Explains: What You Need to Know About Florida Slip and Fall Laws

There is nothing worse than being injured in a slip and fall accident and then trying to recover from your injuries all while fighting for your entitled compensation. Plus, the stress that can come with it.   

 

As a victim of a slip and fall, it is important to understand Florida’s current laws. While the state does lay out precise statutes on what to do and what to prove, it is important to have a professional and knowledgeable attorney by your side because slip and fall accidents do get complex, and often the law sides with the business/property owner.  

 

 

How Long Do I Have To File A Lawsuit? 

 

A victim of a slip and fall injury in Florida has up to four years from the date of the accident to file a claim. Florida Statute 95.11(3)(6) defines this timeframe. It is important to note that this law applies to all Florida negligence personal injury claims, not just slip and falls. 

 

When a victim—also known as the plaintiff upon filing—files a lawsuit they must submit a summons and complaint to the appropriate court and pay a filing fee. Only the victim of the injury can initiate the lawsuit. 

 

 

How To Prove A Slip And Fall 

 

Florida is only one of a couple of states that have detailed, written-out laws that state exactly what a victim needs to do to prove (and win) their case. All Florida slip and fall laws can be found in Florida Statute § 768.0755(1): 

 

Current Florida Law States:  

 

If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.  

 

 

Current Florida Law States:  

 

If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.  

 

 

Essentially, this means to win a slip and fall case a victim must prove the following: 

 

  1. The victim slipped on a substance
  2. The substance created a dangerous situation  
  3. The fall occurred on someone else’s property (not the victim’s property) 
  4. The property owner had actual or constructive knowledge of the dangerous condition 
  5. The property owner should have fixed it or taken steps to make others aware of hazardous conditions 
  6. However, the property owner/representative did not take appropriate action to mitigate risks 

 

 

What is Comparative Negligence? 

 

The State of Florida uses the idea of comparative negligence as a part of its injury law. Comparative negligence is a legal concept that states that a victim can share fault with the property owner for a slip and fall.  

 

This concept recognizes that sometimes it is not always 100% the fault of the property owner and that the victim may have had some responsibility for the accident. While a victim still may recover compensation, the settlement may be reduced due to the victim’s shared responsibility for the action. 

 

Florida law 768.81 describes in detail more about comparative negligence in slip and falls, but to make sure you are receiving the maximum compensation you deserve, make sure you speak with an experienced slip and fall accident attorney at Mickey Keenan, P.A. Here, we treat you like our own family and will make sure you are not taken advantage of and/or wrongly framed for being partly at fault for the slip and fall. 

 

 

Slip And Fall? Make Sure To Call 

 

Florida’s slip and fall laws are complex. You should never have to go into a lawsuit on your own. Leaning on a personal injury lawyer you can trust, is key; especially when Florida has such detailed rules to prove and win a slip and fall. And, even if you win, the defendant can try to limit your compensation so you don’t get what you deserve to make you whole again. 

 

Mickey Keenan, P.A. is a South Tampa-based accident law firm that is experienced in slip and falls and ready to fight for you! Your family is always our family. Call (813) 871-1300 for a free case evaluation today. Remember you will never pay unless you win. 

 

 

Mickey Keenan

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