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.