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Miami Beach · Slip and fall
Wet tile, tracked-in sand and slick pool decks cause a lot of falls in Miami Beach, and Florida law asks specific questions about what the property knew.
A fall can happen in a hotel lobby, a condo hallway, a restaurant on Lincoln Road or a parking garage ramp after a rainstorm. The injuries are often worse than people expect: broken wrists and hips, knee and shoulder tears, back injuries and head injuries. Tomas Robirosa is a Miami Beach slip and fall lawyer who helps residents, workers and visitors in Miami Beach figure out whether the owner or business should have prevented the fall.
Miami Beach has a mix of buildings you don't see in most cities. The Art Deco District alone holds hundreds of hotels, apartments and other buildings from the 1920s, '30s and early '40s, many with original steps, tile and narrow entries. Newer towers have polished lobbies and large pool decks. Add beach sand on shoes, outdoor showers, sudden rain and air-conditioning condensation, and floors can turn slick fast.
Outdoor dining and shopping on Lincoln Road and along busy commercial streets bring spilled drinks, uneven pavers and crowded walkways. Parking garages add oil, standing water and poorly marked steps. Each of these can support a claim when the property owner knew, or should have known, and did nothing.
When you slip on a transitory substance, like water, a drink or food, in a business, Florida Statute 768.0755 requires proof that the business had actual or constructive knowledge of the condition. Constructive knowledge generally means the condition was there long enough that staff should have found it, or it happened regularly enough to be foreseeable.
That makes early evidence important:
A wet floor sign doesn't end the question. Where it was placed, and for how long the floor stayed wet, can still matter.
Not every fall happens in a business. In a condo building, the association generally maintains the common areas, such as lobbies, hallways, pool decks and garages, under its governing documents and Florida's Condominium Act, Chapter 718. A fall inside a unit may involve the unit owner or a landlord instead.
A trip on a broken public sidewalk can lead to a claim against a government, which has extra notice steps and different rules. If you aren't sure who owns the spot where you fell, photos and the exact location help sort it out.
Insurers often argue that you weren't watching your step. Under Florida's modified comparative negligence rule, a person found more than 50% at fault generally can't recover, and a smaller share reduces the recovery. Get medical care, keep your receipts and don't give a recorded statement before you get advice. Learn more on our slip and fall page, or call (305) 600-0529 to reach his Miami Beach office.
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Your Attorney
Tomas Robirosa is the founding attorney of Robirosa Accident & Injury Law. He built his practice around careful preparation and personal attention: when you hire the firm, you talk to your lawyer, in English or Spanish, and you always know where your case stands.
He graduated cum laude from Nova Southeastern University’s Shepard Broad College of Law, is a Florida Supreme Court Certified Circuit Civil Mediator, and is admitted to practice in Florida state courts and the U.S. District Court for the Southern District of Florida.
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