Slip and Fall Cases in Florida: What Plaintiffs Must Prove Under the 2023 Law Changes

If you've been injured in a slip and fall accident at a Florida business, you may have heard that recent law changes make these cases more difficult. That's largely true—but it doesn't mean victims are without recourse. Understanding what the law now requires is the first step toward building a viable claim.

Under Florida Statute §768.0755, a person injured by a transient foreign substance in a business establishment must prove that the business had actual or constructive knowledge of the dangerous condition. Constructive knowledge means the condition existed long enough that the business should have known about it through the exercise of ordinary care.

The 2023 tort reform package reinforced and tightened these standards. Courts have increasingly scrutinized whether businesses had adequate inspection and maintenance programs in place. The mere existence of a hazardous condition is no longer enough to establish liability. Plaintiffs must show the business knew or should have known.

Surveillance video is often the single most critical piece of evidence in these cases. A recording showing a spill that sat unaddressed for 20 minutes tells a very different story than one where the hazard appeared seconds before a fall. Plaintiff attorneys routinely file emergency motions to preserve surveillance footage, which businesses may otherwise overwrite within days.

Despite the tougher legal landscape, viable slip and fall claims still result in substantial settlements and verdicts in Florida. The key is thorough evidence gathering, an experienced attorney, and a clear understanding of what you need to prove.