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If you received injuries in a slip and fall accident in Florida, it is crucial to know what slip and
fall laws apply in the case. You need to know what laws apply to know if you have a case,
whether you will need a Jacksonville slip and fall lawyer, and what you can expect to win.
Florida’s slip and fall laws are partly created by the legislature and partially created by the courts
through case law or precedent. This article will discuss what you need to know about Florida slip
and fall laws.
What are the Slip and Fall Laws of Florida?
Florida’s slip and fall laws are Florida Revised Statutes 768.0755. This statute states that the
victim must prove that the business failed to remedy a dangerous condition to win a slip and fall
lawsuit. The victim must also show that the business had actual or constructive notice of the
dangerous situation. Florida law allows the victim of a slip and fall to recover for economic and
non-economic damages, including medical bills, lost work, and pain and suffering.
Florida’s slip and fall laws are somewhat complex. Florida is one of the few states with detailed
written slip and fall laws passed by the legislature. The laws state exactly what a victim needs to
prove to win his or her case.
What You Need to Prove to Win a Slip and Fall Case in Florida
Under the laws of Florida, to win a slip and fall case, you must prove the following:
▪ You slipped on a substance
▪ The fall occurred on another person’s property
▪ The substance created a dangerous condition
▪ The property owner or manager had actual or constructive knowledge of the dangerous
condition
▪ The property owner or the manager should have fixed it
▪ The property owner or the manager didn’t fix it
Florida’s law explains that there are several ways you can show that the property owner knew or
should have known about the dangerous condition. First, you can show that the dangerous
situation existed long enough that the owner should have found it. Second, you can show that the
dangerous condition occurred repeatedly so the property owner should have known about it for
that reason. Third, you can show that the property owner knew about the dangerous condition
and had a reasonable amount of time to fix it.
Florida’s Common Law
The written slip and fall laws enacted by the legislature in Florida are not complete. No written
law could ever cover every possible factual situation that could arise in a case. That makes it
essential to keep Florida’s common law in mind when you evaluate any slip and fall case.
Common law is the law created by judges as the issues arise during cases. The common law adds
specifics like what types of damages you may recover from a slip and fall case. It also explains
in detail the statutory law over time.
Florida’s slip and fall statutes are relatively new. So, as you read Florida’s court opinions and
dispositions and compare them to your case, remember that a case may not still be relevant.
While some court opinions are still good law, other cases are outdated and no longer applicable.
That’s why it is important to contact a Florida personal injury attorney to review your case and
do the research for you. Our experienced attorneys at Nooney, Roberts, Hewett & Nowicki can
help you with the legal intricacies no injury victim would want to go through alone. Call our
office at (904) 398-1992 to schedule your free consultation.
Statute of Limitations for Florida Slip and Fall Cases
According to Section 95.11(3)(a), Florida Statutes, the statute of limitations for a slip and fall in
Florida is four years. That means that the victim of a slip and fall in Florida has four years from
the date of the incident to bring their claim. This law applies to all negligence personal injury
claims in Florida, which includes slip and fall cases.
Filing a Lawsuit
Filing a lawsuit for a slip and fall in Florida begins with a summons and complaint. The
complaint must state the facts of the case and state that the case is based on Florida’s personal
injury negligence laws. It’s up to the victim of the injury, also called the plaintiff, to initiate the
lawsuit. A plaintiff initiates the lawsuit by filing their claim in the court of their corresponding
jurisdiction by the statute of limitations deadline. To file a slip and fall lawsuit in Florida, the
plaintiff submits their summons and complaint to the appropriate court and pays the filing fee.
Comparative Negligence Slip and Falls
Another important part of slip and fall laws in Florida is the concept of comparative negligence.
Comparative negligence is the legal concept that you can share fault for a slip and fall in Florida.
The law recognizes that sometimes, both the property owner and the victim can have some
responsibility for the accident. Fortunately for slip and fall victims, the law still allows you to
recover something even if you’re partially at fault for an accident.
For example, you might slip and fall by tripping over an object that shouldn’t have been in your
path. But you might have been running in a place where you should have been walking instead.
In that case, Florida law still allows you to collect compensation for the slip and fall. However,
your compensation may be reduced because of your shared responsibility for the slip and fall.
Section 768.81, Florida Statutes, is the comparative negligence law that applies to slip and fall
cases.
Contact Our Jacksonville Slip and Fall Lawyers
If you’ve been hurt in a slip and fall accident, the Nooney, Roberts, Hewett & Nowicki legal
team can help you understand Florida’s complex laws. Our team has the legal training to
understand the laws that apply to your case. We can help you determine what you need to prove
to win your case. Our team can take all of the necessary steps on your behalf to ensure that you
receive the fair and equitable compensation that you deserve.
A slip and fall case is complex, but you deserve justice. Come see why hundreds of satisfied
clients have relied on Nooney, Roberts, Hewett & Nowicki to get the compensation they deserve.
Call us today at (904) 398-1992 for your free consultation.
