What Is Premises Liability in Florida?
Premises liability is the area of law that deals with injuries caused by dangerous conditions on someone else's property. This includes slip and fall accidents, trip and fall accidents, and injuries caused by broken railings, inadequate lighting, wet floors, or other hazards.
In Florida, property owners have a legal duty to maintain reasonably safe conditions for visitors. The extent of that duty depends on the visitor's legal status — whether they were an invitee (like a customer at a store), a licensee (like a social guest), or a trespasser. The duty owed to invitees is generally the highest.
Florida's Slip and Fall Law — What You Need to Know
Florida has a specific statute — Section 768.0755 — that applies to slip and fall accidents in businesses that invite the public. Under this law, to recover damages for a slip and fall on a transitory foreign substance (like a spill), an injured person must prove that the business had actual or constructive knowledge of the dangerous condition.
Constructive knowledge can be shown by proving the condition existed long enough that the business should have discovered it, or that the dangerous condition occurred regularly and was foreseeable. This is why documentation — surveillance footage, incident reports, witness statements, and photographs — is so important in these cases.
What to Do After a Slip and Fall Accident
- Seek medical attention promptly — document every treatment and provider visit
- Report the incident to the property owner, manager, or store personnel and ask for a copy of the incident report
- Photograph the hazard, your injuries, the area, and any warning signs (or lack of them)
- Get the names and contact information of any witnesses
- Do not clean your shoes or clothing — the condition of your footwear may be relevant
- Preserve any shoes or clothing you were wearing at the time
- Request that the property preserve any surveillance footage immediately — it is frequently overwritten within days
Common Slip and Fall Locations in Miami-Dade County
Slip and fall accidents occur in many different settings. Common locations in the North Miami Beach and Miami-Dade area include:
- Grocery stores and supermarkets
- Retail stores and shopping centers
- Apartment complexes and condominiums
- Restaurants and bars
- Parking lots and garages
- Hotels and resorts
- Government-owned properties
- Hospitals and medical facilities
How Gonzalez Munoz Law Handles Slip and Fall Cases
Gonzalez Munoz Law handles premises liability and slip and fall claims throughout Miami-Dade County from our North Miami Beach office at 16211 NE 12th Ave. We work to document the conditions that caused the fall, identify all parties who may have had responsibility, and help clients understand the insurance evaluation process and their legal options. We represent injury clients on a contingency fee basis — there is no attorney fee unless we recover on your behalf.
Frequently Asked Questions
Who is responsible for my slip and fall in a Florida store?
Generally, the property owner or business may be responsible if they knew or should have known about the dangerous condition and failed to address it. Florida's premises liability law requires proving the owner had actual or constructive knowledge of the hazard. The specific facts of your situation matter significantly.
Does it matter if I was partially at fault for my slip and fall?
Florida uses a modified comparative fault system. Under the 2023 law change, if you are found to be more than 50% at fault, you generally cannot recover damages. If you are 50% or less at fault, your recovery may be reduced by your percentage of fault. Whether fault applies to your specific situation depends on the facts.
What if there was no wet floor sign?
The absence of a warning sign may be relevant evidence, but it is not automatically determinative. Florida law requires proving the property owner had knowledge of the hazard. The presence or absence of warning signs is one factor that may be considered.
How quickly do I need to act after a slip and fall?
Promptly — for several reasons. Surveillance footage is often overwritten within 24 to 72 hours. Witnesses' memories fade. Physical evidence changes. Florida's statute of limitations is generally two years from the incident under current law. Consulting an attorney quickly helps preserve evidence and your options.
Can I recover if I slipped in an apartment complex parking lot?
Potentially, depending on the circumstances. Property managers and owners have a duty to maintain common areas in reasonably safe condition. Whether a particular condition creates liability depends on factors including how long the hazard existed, whether management was aware of it, and whether reasonable steps were taken to address it.