Slip and Fall Claims in Florida

In Florida, seeking compensation for a slip and fall injury, the biggest piece of advice is this: treat it like a legal case from day one, not just an accident. These claims rise or fall on evidence. Under Florida Statute § 768.0755, if the fall happened in a business due to something like a spill or debris, you must prove the business had actual or constructive knowledge of the dangerous condition. That means you need proof it was there long enough that they should have known about it—or that it happened regularly. So the first priority is preserving evidence. Take photos and videos of the scene immediately, get names and contact information for witnesses, request that the business preserve surveillance footage, and make sure an incident report is created.

Second, seek medical treatment right away and follow through consistently. Gaps in treatment are one of the most common ways insurance companies try to minimize or deny claims. Your medical records will directly connect the fall to your injuries, which is essential. Even if you think you’re “just sore,” soft tissue injuries, head injuries, and spinal injuries can worsen over time. Documentation matters.

Third, understand Florida’s modified comparative negligence rule under Florida Statute § 768.81. If you are found more than 50% at fault, you recover nothing. Insurance carriers often argue the hazard was “open and obvious” or that you weren’t paying attention. Be cautious about giving recorded statements to insurers without legal guidance, because small comments can later be used to shift blame onto you.

Finally, don’t wait. Most negligence claims in Florida are subject to a two-year statute of limitations under Florida Statute § 95.11, and key evidence like surveillance footage can be erased in days. Consulting an experienced Florida premises liability attorney early can help preserve evidence, evaluate notice issues, calculate damages (medical bills, lost wages, pain and suffering), and deal directly with insurers. Slip and fall cases are often more complex than they seem, so being proactive and strategic from the beginning makes a major difference in whether you recover meaningful compensation.

Condominium Association Boards and Maintenance Responsibilities

Disputes over maintenance responsibilities are common in condominium communities. Unit owners and associations often disagree about who is responsible for maintaining specific areas of the property. Under Florida law, a condominium association’s maintenance obligations generally relate to the common elements and are governed by both statute and the condominium declaration. Florida Statute 718.113 provides that the association is responsible for maintaining the common elements, although the declaration may assign responsibility for certain limited common elements either to the unit owners who use them or to the association as a shared expense. In addition, Florida Statute 718.108 defines common elements to include all condominium property not contained within the individual units, easements for utilities running through units, structural support components, and installations serving more than one unit or the common areas.

Condominium declarations often expand on this statutory definition. Many declarations classify everything outside the interior walls of a unit as a common element. When a declaration designates certain areas as common elements, the board has a legal duty to ensure those areas are properly maintained. For that reason, board members must be thoroughly familiar with the governing documents so they can fulfill the association’s maintenance responsibilities and avoid unnecessary disputes or liability.

Although inspection and maintenance requirements continue to evolve, some Florida counties have long imposed structural reinspection mandates. For example, Miami-Dade County and Broward County require certain buildings to undergo recertification inspections forty years after construction and every ten years thereafter. As state and local governments continue refining inspection laws, boards should take proactive steps to address maintenance concerns before they escalate into costly or dangerous problems.

Proactive measures may include implementing regular inspection checklists to ensure all common elements are reviewed annually or at other appropriate intervals, properly budgeting for ongoing maintenance, maintaining sufficient reserve and emergency funds for major repairs, and hiring a qualified condominium property manager to oversee day-to-day upkeep. Taking these steps can significantly reduce the risk of deferred maintenance issues and potential litigation.

With respect to personal liability, condominium associations must be organized as Florida corporations pursuant to Florida Statute 718.111. This corporate structure generally protects board members from personal liability for ordinary negligence claims against the association. Additionally, under the “business judgment rule,” board members are typically shielded from liability for decisions made in good faith and within the scope of their authority.

However, personal liability can arise in limited circumstances. Florida Statute 718.303 permits actions against board members in their individual capacity if they willfully and knowingly fail to comply with the Condominium Act. Similarly, Florida Statute 617.0834 allows individual liability for not-for-profit directors if their conduct constitutes a criminal violation, is reckless, is committed in bad faith or with malicious purpose, or results in improper personal benefit. Although these standards set a high bar, board members must remain mindful of their fiduciary duties and avoid conduct that could expose them to personal risk.

In sum, while board members are generally protected from personal liability, they must fully understand the association’s maintenance obligations under both the governing documents and Florida law. They owe a fiduciary duty to act in the best interests of the unit owners, which includes maintaining common elements responsibly and avoiding reckless or self-interested behavior. Establishing organized, well-funded, and proactive maintenance practices will help protect the community, reduce disputes, and minimize the risk of litigation.

What to Know About Florida's Prompt Pay Laws for Property Insurance Claims

To protect homeowners and promote a fair and efficient insurance claims process, the Florida Legislature enacted Senate Bill 2A, which significantly amended Florida Senate Bill 2A and revised Section 627.70131. These changes strengthen Florida’s prompt pay laws by imposing stricter deadlines on insurers and providing greater transparency for policyholders during the claims process.

Under the amended statute, insurers must acknowledge a claim or respond to communications from a policyholder within seven days, reduced from the prior fourteen-day requirement. This shorter timeframe ensures more responsive communication and helps move claims forward without unnecessary delay. Insurers are also required to provide policyholders with a copy of the adjuster’s report estimating the loss within seven days of its creation, giving homeowners the opportunity to review the basis for the insurer’s evaluation and encouraging greater transparency.

The law further accelerates the investigation process. Insurers must begin investigating a claim within seven days after receiving a proof-of-loss statement, rather than fourteen days as previously required. Physical inspections must now be completed within thirty days, down from forty-five days. These deadlines are designed to ensure that claims are assessed promptly and that policyholders receive timely determinations regarding their losses.

In addition, the timeframe for paying or denying a claim has been shortened from ninety days to sixty days. However, the Florida Office of Insurance Regulation may grant an extension of up to thirty additional days when factors beyond the insurer’s control prevent timely resolution. This provision balances the need for prompt payment with the recognition that exceptional circumstances can arise.

The amended statute also allows insurers to use electronic methods, including photographs, video recordings, and drones, to investigate property damage claims. By permitting modern technology in the investigative process, the law promotes efficiency and can reduce delays associated with scheduling in-person inspections.

Finally, insurers are required to maintain detailed records of all claim-related communications, proof-of-loss statements, inspection reports, information requests, and other relevant documentation. This record-keeping requirement promotes accountability and ensures a clear paper trail throughout the claims process.

The amendments strengthen consumer protections by improving communication, expediting investigations and payments, and increasing transparency. As a result, Florida homeowners can expect a more structured and responsive process when filing property insurance claims.

Tips for Appliance Warranty Disputes in Florida

In Florida, appliance warranty disputes are governed by a combination of state and federal law, and understanding how those laws work together can make a major difference in how you approach your claim. At the state level, Florida has adopted the Uniform Commercial Code (Chapter 672, Florida Statutes), which provides that goods sold to consumers carry implied warranties—most importantly, the implied warranty of merchantability, meaning the appliance must be fit for ordinary use. Even if a manufacturer’s written warranty is limited, you may still have rights under these implied warranties unless they were properly and clearly disclaimed. In addition, the federal Magnuson-Moss Warranty Act protects consumers when manufacturers or sellers fail to honor written warranties. This law allows consumers to pursue claims for breach of warranty and, in many cases, recover attorney’s fees if they prevail, which can create meaningful leverage in resolving disputes.

If an appliance fails, your first step should be to carefully review the written warranty to determine whether it is labeled as “full” or “limited,” what parts and labor are covered, and whether there are specific procedures for submitting a claim. Florida consumers should document everything—keep purchase receipts, warranty booklets, repair invoices, technician reports, photographs of defects, and written communications with the retailer or manufacturer. Many disputes arise when manufacturers repeatedly attempt repairs but fail to correct the issue. While Florida does not have a general “lemon law” for appliances like it does for motor vehicles, repeated unsuccessful repairs can support a claim for breach of warranty under both state law and the Magnuson-Moss Warranty Act.

It is also important to act promptly. Some warranties require notice within a certain timeframe, and Florida’s statute of limitations for breach of warranty claims is generally four years from the date of sale, not from the date the defect appears. If the retailer or manufacturer refuses to repair, replace, or refund as required under the warranty, you may consider sending a formal written demand letter outlining the defect, the repair history, and the relief you are requesting. In some cases, the warranty may require arbitration before filing suit, so reviewing dispute resolution clauses is critical.

Finally, be cautious about third-party extended warranties or service contracts. These are often governed by separate terms and may not provide the same protections as a manufacturer’s warranty. If you believe the seller engaged in deceptive practices—such as misrepresenting coverage or refusing to honor clear warranty obligations—you may also have a claim under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), which provides remedies for unfair or deceptive business conduct. Taking a strategic, documented, and timely approach can significantly improve your chances of resolving an appliance warranty dispute in Florida.

Property Damage in Florida

If your property is damaged in Florida, your legal rights depend largely on the cause of the damage, your insurance policy, and whether another party is legally responsible. Florida law provides homeowners and property owners with important protections, but recent legislative reforms have significantly changed how insurance disputes are handled.

Under Florida law, most property damage claims are governed by your homeowners’ insurance policy and Chapter 627 of the Florida Statutes. Insurers must acknowledge receipt of your claim within 7 days and generally must make a coverage decision within 90 days unless factors beyond their control prevent it. You have the right to a prompt investigation, a written explanation if your claim is denied, and payment for covered losses under the terms of your policy. If your claim is underpaid or denied, you have the right to challenge that decision through internal appeals, mediation, appraisal (if your policy allows), or litigation.

However, Florida has recently limited certain policyholder litigation rights. The Legislature eliminated “one-way attorney’s fees” in most property insurance cases, meaning that unlike in the past, insurers are not automatically required to pay your attorney’s fees if you win a lawsuit. This change has made it more important to carefully evaluate the strength and value of your claim before filing suit. Additionally, Assignment of Benefits (AOB) agreements — which previously allowed contractors to take over your insurance claim rights — have largely been eliminated for residential property insurance policies issued after January 1, 2023.

If your damage was caused by someone else’s negligence — such as a contractor, neighbor, driver, or business — you may have a separate legal claim for damages under Florida negligence law. In those cases, you generally have four years to file a lawsuit for property damage, although specific facts can affect that timeline. You may be entitled to compensation for repair costs, diminished property value, and related losses.

If your property is part of a condominium or homeowners’ association, responsibility for repairs may be divided between you and the association depending on the governing documents and the nature of the damage. Florida’s condominium and HOA statutes outline these allocation responsibilities, particularly after storm damage.

To protect your rights after property damage in Florida, you should: report the damage promptly to your insurer, document everything with photographs and written records, prevent further damage (such as tarping a roof), keep all receipts for emergency repairs, and carefully review your insurance policy. Missing deadlines or failing to cooperate with the insurer’s investigation can jeopardize your claim.

Florida property owners have the right to fair claim handling, written explanations of coverage decisions, and legal remedies when insurers or negligent parties fail to act properly. But because recent reforms have made litigation more complex and potentially more expensive, early legal guidance can be especially important when significant property damage is involved.