How to Prove Liability in Slip-and-Fall Cases Under Florida Premises Liability Law
Imagine walking into a store or restaurant, expecting to go about your day, only to find yourself on the floor after slipping on an unnoticed puddle or uneven surface. The physical pain is immediate, but what comes next can be even more overwhelming: stacking medical bills, time lost from work, and the looming worry of how to hold someone responsible for your injury. Slip-and-fall accidents can feel both frustrating and overwhelming, leaving victims unsure of their rights or where to turn for help.
Slip-and-fall cases are a type of premises liability case that holds property owners and occupiers accountable for maintaining safe conditions on their property. If you’ve been injured in a slip-and-fall accident, proving liability can feel challenging.
However, understanding Florida's premises liability law will help guide you through the process of building your case. At Reese Legal, we know how confusing this process can be, which is why we're here to help victims in Orlando and the surrounding areas protect their rights and pursue justice.
With over 27 years of legal experience, we’ve guided countless clients toward successful outcomes after slip-and-fall accidents. Whether you’re a local resident or a visitor to the areas of Windermere, Winter Park, Doctor Phillips, or Bay Hill, we are conveniently located in Orlando, just one mile from Universal Studios. This makes it easy for our clients to connect with us when they need support the most.
We’re here to listen, advocate, and hold negligent parties accountable for their actions. If you’re unsure about whether you have a case or what steps to take, we encourage you to reach out for guidance, as it could make all the difference in your recovery.
Understanding Premises Liability in Florida
Under Florida law, property owners have a legal duty to maintain safe conditions for those who legally enter their property. This responsibility is outlined in Florida Statutes Section 768.0755, which governs property owners' liability for injuries caused by unsafe conditions on their premises. These statutes distinguish between different types of visitors, such as invitees (customers or guests), licensees (social visitors), and trespassers, with each category having different levels of protection under the law.
For slip-and-fall cases, most victims are classified as “business invitees.” These individuals are invited onto the property for the benefit of the property owner, such as patrons visiting a grocery store or guests staying at a hotel.
Property owners owe the highest duty of care to business invitees, which includes regularly inspecting the premises for hazards, promptly addressing unsafe conditions, and warning visitors about potential dangers. To prove liability in a slip-and-fall case under Florida law, you must establish the following key elements:
The property owner owed you a duty of care: This element focuses on your reason for being on the property. If you were lawfully on the premises, such as a customer in a store, the property owner owed you a duty to ensure the premises were reasonably safe.
There was a dangerous condition on the property: A dangerous condition is anything that poses an unreasonable risk of harm to someone on the property. Examples include wet floors, cracks in pavement, poor lighting, or stray cords in walkways. The owner’s failure to address such hazards creates a potential for injury.
The property owner knew or should have known about the hazard: Florida law requires the injured party to prove that the property owner had actual or constructive knowledge of the dangerous condition. Constructive knowledge means the hazard existed long enough that the property owner, through reasonable inspection, should have discovered and corrected it.
The dangerous condition caused your injury: To establish liability, you need to show that a specific hazard directly caused your accident and injury. This often requires evidence like medical records, photos of the scene, and witness statements.
Support Your Claim With Important Evidence
Proving liability requires substantial evidence. Florida’s slip-and-fall statute can make these cases challenging, but collecting the right documentation significantly strengthens your claim. Some examples of useful evidence include:
Photographs or videos: Right after your fall, take photos or videos of the hazard (e.g., spilled liquids or broken tiles) to document the unsafe condition clearly.
Incident reports: Notify the property manager or owner immediately, and document the report. Request a copy of this report for your records.
Medical records: Promptly seek medical attention and keep detailed records of all injuries, treatments, and doctor visits. This not only helps with your recovery but also ties your injuries directly to the accident.
Witness statements: If anyone saw your fall, their testimony can be invaluable in corroborating your version of events. Collect contact information from witnesses as soon as possible.
Surveillance footage: Many businesses use security cameras, so be sure to request access to any footage that may have recorded the incident. This can serve as vital evidence for your case.
Avoiding Common Pitfalls in Slip-and-Fall Claims
Many slip-and-fall cases are denied due to common mistakes or missteps in the claims process. Some issues to avoid include:
Delaying medical treatment, which may cause the defense to question the severity of your injuries
Failing to document everything at the scene of the accident
Speaking to insurance adjusters without legal representation, potentially damaging your claim
By partnering with Reese Legal, you gain the support of our experienced attorney who knows how to prepare and present a strong case. From managing complicated negotiations with insurance companies to compiling evidence and testimonies, we handle the heavy lifting so you can focus on healing.
Dedicated Legal Advocacy
Slip-and-fall accidents are not just embarrassing—they can also lead to serious injuries with long-term consequences. If you’re dealing with the aftermath of a slip-and-fall accident, you don’t have to face it alone. At Reese Legal, we are committed to providing compassionate and skilled legal representation to help you seek the justice and compensation you deserve.
Our Orlando, Florida, firm is an accessible resource for victims. Located just a mile from Universal Studios, we are here for locals and visitors alike. Contact us today for a consultation. We’ve helped others in your position, and we’re ready to help you, too.