Slip and Fall
in Florida.
Understand the questions this claim type raises, the records worth organizing and the scope of available state-specific source checks.
The background sections describe U.S. claim concepts. They are not verified statements of every Florida requirement.
Rules relevant to this claim type
A filing period is not a countdown from a date alone. The cause of action, defendant, discovery, notice rules and exceptions matter. These records explain their scope; they do not calculate your deadline.
Negligence filing period
The 2026 Florida Statutes lists an action founded on negligence under the two-year category in section 95.11. The applicable statutory version and accrual date must be checked for an individual claim.
Scope: Negligence actions only. This is not a universal rule for every injury or every incident date.
- Medical malpractice and wrongful death appear as separate categories.
- Effective-date provisions, government claims and statutory exceptions require separate analysis.
Official places to continue
- Florida Legislature — Limitation periods ↗
- USA.gov — Florida government and agencies ↗
- U.S. Department of Labor — State workers’ compensation officials ↗
A resource link is a starting point. It does not verify every statement or establish that a particular rule applies. See our source and review policy.
Understanding this claim type
Slip and fall cases — part of the broader premises liability category — are among the most common personal injury claims and also among the hardest to prove. The central question is usually not whether you fell, but whether the property owner knew about the hazard and had a reasonable opportunity to fix it.
Property owners owe different levels of care depending on the visitor's status (invitee, licensee, or trespasser) and the state's premises liability rules. A customer who slips on a wet floor in a grocery store is owed the highest duty of care; a trespasser is owed very little.
The 'open and obvious' defense is the most common way these claims are defeated — the property owner argues the hazard was so visible that any reasonable person would have avoided it. Evidence that the hazard was hard to see, that the owner had prior notice, or that the area was poorly maintained weakens this defense.
Questions and records to organize
These are general preparation topics. Their relevance depends on the facts and applicable law.
- Notice — did the property owner know or should they have known about the hazard?
- Open and obvious defense — the owner claims the hazard was visible
- Surveillance footage — often overwritten within days if not preserved
- Incident reports — getting a copy at the time of the fall is critical
- Comparative fault — the owner argues the visitor should have been more careful
- Lighting, signage, and maintenance records as evidence