01The notice rule for business slip-and-fall injuries
Florida Statutes § 768.0755 applies when someone slips and falls on a transitory foreign substance in a business establishment. The injured person must prove actual or constructive knowledge and that the business should have acted to remedy the condition.
The statute identifies two ways circumstantial evidence can establish constructive knowledge: the condition existed long enough that ordinary care should have revealed it, or it occurred regularly and was foreseeable. A photograph may show a spill, while video and cleaning records may help answer the separate timing question.
02Not every unsafe-property injury is a spill case
A broken handrail, damaged stair or other structural condition may require a different analysis from a temporary spill. A lawyer should identify the condition, who possessed or controlled the property and the duty owed to you.
For a hotel, rental property or shopping center, save the address, business names and any incident-report reference. The building owner, tenant and maintenance contractor are not necessarily the same entity.
03Florida deadlines: do not rely on an old four-year summary
Florida’s current § 95.11 places negligence actions in a two-year limitation category. The applicable rule depends on when the claim arose, the type of claim and any exception. Older online articles may describe a different rule.
Government-property claims and other special situations can involve separate notice requirements. Ask an attorney to calculate your deadline rather than counting from a general web guide. Sending this site an inquiry does not stop a deadline.
04Prepare a Florida premises liability case inquiry
After medical care, write down a timeline while events are fresh. Tell a lawyer whether an employee saw the condition, whether you noticed warnings, whether anyone said it had happened before and whether a report was made.
- Keep original photos of the spill or defect and the surrounding walking area.
- Save purchase receipts, hotel confirmations or other proof of when you were there.
- Record witness details and any statements about prior complaints.
- Ask promptly about preserving surveillance and inspection records.
- Collect bills, treatment notes and documentation of missed work.
Common questions
How do I find premises liability lawyers near me in Florida?
Look for a Florida-licensed attorney who handles the type of property and injury involved. Ask who will handle your case, how evidence will be preserved and how fees and costs work. This site has no claimed local law office.
Does a wet-floor photo prove the store is liable?
Not by itself. For a qualifying business slip-and-fall, § 768.0755 also requires evidence of actual or constructive knowledge and that the business should have remedied the condition.
Sources
We link to primary and official sources so you can check the details yourself. Laws change; confirm current rules with a licensed attorney.
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