Slip and Fall Claims in Florida

Slip and fall accidents can happen at any time. Usually, an individual will go into a store (or other business, such as an amusement park, stadium, or mall) and due to some condition on the floor, they slip, trip, or fall.

While the most common causes of slip and falls involves liquid on the floor, other conditions that cause injury can include anything from damaged or raised surfaces, ice on the sidewalks or walkways, or obstructed views from hazardous conditions.

Slip and fall claims may seem simple, but they can become fairly complicated once you consider factors like the property owner's knowledge or how the Florida statute of limitations for slip and falls affects a claim for damages.

Still, if you have been injured and face costly medical bills or loss of income, being able to be compensated for a property owner's negligence can be a tremendous help in easing the financial strain.

Attorney for Slip and Falls in Ft. Lauderdale, FL

If you or someone you know has had a slip and fall accident in Broward County, or in the surrounding counties of Hendry County, Miami-Dade County, Collier County, or Palm Beach County, Florida, then it will be in your best interest to contact an experienced personal injury attorney.

The lawyers at Bacchus & Navarro Law Group are experienced litigators who will fight to get you the best possible settlement. Our office is centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse. If you have suffered from injuries due to a slip and fall accident in Miami, West Palm Beach, East Naples, or LaBelle, Florida, then contact our firm immediately.

Call (954) 500-5555 to schedule a no obligations consultation with our personal injury attorneys.


Overview of Slip and Fall Claims in Broward County


Back to top

Florida Premises Liability under Statute § 768.0755

Slip and fall claims in Fort Lauderdale, Florida will be accessed under Fla. Stat. § 768.0755, the Florida Premises Liability for Transitory Foreign Substances in a Business Establishment Statute.  The Statute allows an individual to recover for injuries on a business property under the following circumstances:

  • if a person slips and falls on a transitory foreign substance in a business establishment, then
    • the injured person can prove that the business had actual or constructive knowledge of the dangerous condition and
    • that the business should have taken action to remedy it.
  • Constructive knowledge can be proven by showing either of the following:
  • that the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business should have known of the condition; or
  • that the condition occurred with regularity and was, therefore, foreseeable.

Slip and Falls with Warning Signs

One of the most common questions asked is whether an individual will be able to recover from a slip and fall accident when there were caution signs of the danger. Warning signs generally include things like "wet floor" signs or blocking tape.

While a warning sign is difficult to overcome, it is not a bar to recovery. If the injured party can still prove all of the elements of negligence, then a warning sign will not necessarily be sufficient to bar a business from legal liability.


Back to top

Damages in Slip and Fall Accidents

Florida courts award two types of damages –punitive damages or compensatory damages. Compensatory damages are designed to compensate a victim for his or her calculable loss. Punitive damages are considered a punishment to the wrongdoer.  Damages may be economic or noneconomic damages.

Economic damages may be awarded for specific types of loss.

  • Medical expenses
  • Loss of support and services
  • Lost income
  • Funeral Expenses
  • Replacement value of property

Non-economic damages include nonfinancial losses that would not have occurred if not for the injury that was caused by another's negligence. Noneconomic damages may include the following:

  • Loss of capacity for enjoyment of life
  • Mental anguish
  • Pain and suffering
  • Inconvenience

Back to top

Additional Resources

768.0755 F.S. – Visit Online Sunshine, the Florida Legislature's website for more information on the statutory disposition of the Florida premises liability statute. The Statute includes information on constructive knowledge and the kind of evidence sufficient to show constructive knowledge.

Broward County Courthouse
201 Southeast 6th St.
Fort Lauderdale, FL 33301
 

Small Claims Case -- Visit the Clerk of the Circuit and County Courts website for more information on how to file a small claims case. A case is considered a small claim if the potential recovery amount is up to $5,000. Moreover, the website provides information on how to collect a small claims judgment.


Back to top

Find an Attorney for Slip and Fall Claims in Broward County, FL

If you or someone you know has suffered from a slip and fall accident in a store, mall, amusement park, or on someone else's property and you believe that your fall was due to the property owner's negligence, then contact Bacchus & Navarro Law Group immediately.

We have attorneys who are experienced and zealous litigators who not only will fight for your best possible result but who will also guide you step-by-step through all the stages of your case.

Having provided counsel to numerous clients throughout the Greater Miami-metropolitan area, we take cases in Broward County, Palm Beach County, Collier County, and Miami-Dade County.

Our office is conveniently located at 401 E. Las Olas Blvd. in Ft. Lauderdale, just minutes from Broward County Central Courthouse and we have taken cases in Miami, West Palm Beach, LaBelle, and East Naples, Florida.

Contact our office at (954) 500-5555 for a free no-obligations consultation.

This Article Was Last Updated on Tuesday, June 13, 2017.


Back to top