Slip and Falls

slip and falls / premises liability

What should you do if you are injured in a slip and fall? Call an experienced injury lawyer in South Florida who can help you recover. 

If you or someone you know has been injured on the property of another or due to the fault of another, be sure to contact an experienced injury attorney in Fort Lauderdale or Miami. 

Florida slip and fall laws govern when a property owner or occupier can be held legally responsible for injuries caused by dangerous conditions on their property. These claims fall under Florida premises liability law, primarily found in Chapter 768 of the Florida Statutes and developed through court decisions. To recover damages, an injured person generally must show that the property owner owed a duty of care, breached that duty by failing to maintain the premises in a reasonably safe condition, and that the breach caused actual injuries and damages.

Florida law applies special rules to slip and fall accidents involving transitory foreign substances, such as spills, food, liquids, or debris, especially in business establishments. In these cases, the injured person must prove that the business had actual or constructive knowledge of the dangerous condition and failed to correct it. Constructive knowledge may be shown by evidence that the condition existed long enough that it should have been discovered, or that it occurred regularly and was therefore foreseeable. This heightened proof requirement makes slip and fall cases against businesses more challenging than general negligence claims.

Property owners’ duties in Florida vary depending on the legal status of the injured party, such as whether they are an invitee, licensee, or trespasser. Business customers and guests are owed the highest duty of care, while trespassers are owed limited protections. Florida also follows a comparative negligence system, meaning that compensation may be reduced if the injured person is found partially responsible for their own fall, for example by ignoring obvious hazards or failing to act reasonably under the circumstances. Attorney Eliot Dempsey and the Dempsey Law Firm assist clients in navigating these complexities, ensuring that injured parties understand their rights and pursue all available damages, which may include medical expenses, lost wages, reduced earning capacity, pain and suffering, and other losses related to the injury. Claims must be filed within Florida’s statute of limitations, generally two years for negligence actions.

Additionally, attorney’s fees and costs are a significant aspect of Florida PIP (Personal Injury Protection) litigation. Earlier versions of the law allowed one-way attorney’s fees in favor of insureds and assignees, but subsequent reforms have limited or eliminated fee shifting in many cases. Courts now closely examine compliance with statutory conditions precedent, standing, policy language, and billing practices. The Dempsey Law Firm helps clients navigate this framework, balancing the prompt payment of medical benefits with statutory controls designed to reduce fraud, excessive litigation, and inflated medical billing, while ensuring clients receive the representation and compensation they deserve.