Can You Sue a Business for a Slip and Fall Accident in Florida?

Slip and fall accidents can happen anywhere, but when they occur in a business—such as a grocery store, restaurant, or shopping mall—the consequences can be serious. If you’ve suffered an injury due to hazardous conditions on a business property, you may wonder if you have the right to file a lawsuit. In Florida, businesses have a legal duty to keep their premises safe. If they fail to do so, they can be held liable for your injuries.

When Can a Business Be Held Liable for a Slip and Fall?

Under Florida law, a business is responsible for maintaining safe conditions for customers and visitors. If a hazardous condition exists and the business fails to address it, the company may be held liable for any resulting injuries. However, proving liability in a slip and fall case requires showing that the business was negligent.

To sue a business for a slip and fall accident in Florida, you must prove the following:

• A dangerous condition existed. This could include wet floors, uneven flooring, torn carpets, poor lighting, or debris in walkways.
• The business knew or should have known about the hazard. Florida law requires proving that the business had actual or constructive knowledge of the dangerous condition and failed to fix it.
• The hazardous condition directly caused your injury. There must be a direct link between the unsafe condition and the injuries you sustained.
• You suffered damages. This includes medical expenses, lost wages, pain and suffering, and other financial losses resulting from the fall.

Common Causes of Slip and Fall Accidents in Businesses

Businesses can be held responsible for slip and fall accidents when they fail to address common hazards. Some of the most frequent causes of falls in commercial establishments include:

• Wet or slippery floors from spills or mopping without proper warning signs
• Uneven flooring, broken tiles, or torn carpets
• Poor lighting that makes it difficult to see obstacles
• Cluttered aisles and walkways
• Loose handrails or stairway defects
• Leaking ceilings or water accumulation

For example, if a grocery store employee mops the floor but forgets to put up a warning sign, and a customer slips and gets injured, the store may be liable. Similarly, if a restaurant allows food or drinks to spill on the floor without cleaning it up promptly, the business can be held accountable.

How Florida’s Slip and Fall Laws Affect Your Case

Florida has specific laws governing slip and fall accidents in businesses. Under Florida Statute 768.0755, a person injured in a slip and fall accident must prove that the business had actual or constructive knowledge of the dangerous condition and failed to take reasonable action to correct it.

Here’s what this means for your case:

• Actual knowledge: The business was aware of the hazard (e.g., an employee saw the spill but did nothing about it).
• Constructive knowledge: The hazard existed long enough that the business should have known about it (e.g., a puddle remained on the floor for an extended period without cleanup).

Additionally, Florida follows a comparative negligence rule, meaning that if you are found partially responsible for the accident, your compensation may be reduced. For example, if you were distracted while walking or ignored warning signs, the court may assign you a percentage of fault, which would lower your settlement amount.

Steps to Take After a Slip and Fall Accident in a Business

If you’ve been injured in a slip and fall accident at a business, taking the right steps can strengthen your case and improve your chances of receiving compensation. Here’s what to do:

1. Report the Incident

Inform a manager or store employee immediately. Many businesses have procedures for documenting accidents, and filing an official report can serve as important evidence later.

2. Take Photos and Gather Evidence

Photograph the hazardous condition that caused your fall, such as a wet floor, broken tile, or poor lighting. If possible, take pictures before the business has a chance to fix the problem.

3. Get Contact Information from Witnesses

Eyewitness statements can support your claim. If anyone saw the fall, get their name and contact information in case their testimony is needed later.

4. Seek Medical Attention

Even if you feel fine, see a doctor as soon as possible. Some injuries, like concussions or soft tissue damage, may not show symptoms immediately. Medical records will also serve as crucial evidence in your case.

5. Consult a Slip and Fall Attorney

Businesses and their insurance companies often try to minimize payouts or deny liability. An experienced slip and fall attorney can help you determine whether you have a valid claim and fight for the compensation you deserve.

Call Kemp Injury Law if You’ve Been Injured in a Florida Slip and Fall Accident

If a business is found liable for your slip and fall accident, you may be entitled to compensation for:

• Medical expenses (hospital visits, surgeries, physical therapy, etc.)
• Lost wages if your injury prevents you from working
• Pain and suffering
• Future medical costs for long-term injuries
• Emotional distress

The amount of compensation varies depending on the severity of the injury, the impact on your life, and the business’s level of negligence.

Slip and fall accidents in businesses can lead to serious injuries and financial burdens, but you don’t have to face them alone. If you were injured due to a hazardous condition at a store, restaurant, or other business, contact us today. Our legal team is ready to help you seek the compensation you deserve.