Restaurant Slip and Fall in Florida: Spilled Drinks, Bad Stairs and Poor Lighting

A restaurant slip and fall can happen in seconds: ice and a spilled drink by the bar, a wet floor outside the restroom, broken glass on a dance floor, a loose step on the way to the patio, or stairs too dark to see. In bars and nightclubs, crowded floors, dim lighting and spilled drinks make falls even more likely.

A fall can change your life. Falls cause head injuries, broken hips and wrists, spine injuries and, in some cases, death. This guide explains, in plain language, what you generally have to prove in Florida, how claims for spills differ from claims for bad stairs or lighting, and what to do after a fall. This article is general information, not legal advice. Every case depends on its facts, so speak with a lawyer about your situation.

Restaurant slip and fall: what Florida law requires

Florida businesses, including restaurants, bars and nightclubs, generally must keep their premises in a reasonably safe condition and warn customers about dangers they know or should know about that are not obvious. But a business is not automatically responsible just because someone fell there.

For one common type of fall, Florida has a specific statute. Under section 768.0755, Florida Statutes, if you slip on a "transitory foreign substance" in a business, such as a spilled drink, ice or food, you generally must prove the business had actual or constructive knowledge of the dangerous condition and should have fixed it. Falls caused by other conditions, such as broken stairs or poor lighting, are judged under the general duty to maintain the property.

Common hazards in restaurants, bars and nightclubs

• Spilled drinks and iceAround the bar, the service station and crowded tables.
• Broken glassDropped glasses and bottles, especially on dance floors and patios.
• Grease and foodNear buffets, kitchen doors and server paths.
• Wet restroom floorsLeaking sinks, toilets and mopped floors with no warning.
• Rain at entrances and patiosWet tile and slick outdoor decks, common in South Florida.
• Bad stairs and handrailsLoose, broken or uneven steps and missing or shaky handrails.
• Poor lightingDark steps, hallways and level changes that customers cannot see.
• Raised platforms and level changesVIP sections, stages and single steps that are hard to notice.
• Loose mats and cordsCurled mats, torn carpet and cords across walkways.

Spilled drinks and broken glass: proving the business knew

In a restaurant slip and fall on a spill or other substance on the floor, the key question is usually notice. Under section 768.0755, constructive knowledge can be shown with evidence that:

• The condition was there long enough that the business, using ordinary care, should have found it, or
• The condition happened regularly, so it was foreseeable, such as ice that always ends up on the floor by a busy bar well.

Evidence that can help includes video showing how long the spill was there, inspection or sweep logs, staff statements, prior complaints and photos of the area. Dirt, footprints or cart tracks through a spill can also suggest it had been there for a while. A business that created the hazard itself, for example a server who dropped a tray, may be judged differently; a lawyer can review those facts.

Bad stairs, loose handrails and poor lighting

Not every restaurant slip and fall involves a spill. Falls on stairs and in dark areas are usually about the property's condition. The questions are generally whether the business knew or should have known about the problem, whether it fixed it or warned customers, and whether the danger was something a customer could reasonably see.

Common issues include broken or loose steps, uneven step heights, missing or shaky handrails, burned-out lights on stairs and in hallways, and unmarked single steps or platforms. Businesses often argue a danger was "open and obvious." How that applies depends on the facts and can be technical, so speak with a lawyer.

Who may be responsible for a fall at a restaurant or bar?

• The restaurant or barThe business operating the space and controlling day-to-day conditions.
• The property owner or landlordEspecially for structural problems, stairs, parking areas and common areas.
• A management or maintenance companyIf it was hired to clean, inspect or repair.
• A shopping center or hotelWhen the restaurant or bar is inside a larger property.

In a restaurant slip and fall, figuring out who controlled the area where you fell is an important early step. A lawyer can review leases, contracts and maintenance records.

What if you had been drinking?

Having a few drinks does not automatically end a claim, but it can matter:

• Comparative fault. Under section 768.81, Florida Statutes, if you are found more than 50% at fault for your own injuries, you generally cannot recover damages. If you are 50% or less at fault, your recovery is generally reduced by your share.
• The alcohol defense. Section 768.36, Florida Statutes, says a plaintiff generally cannot recover any damages if, at the time of the injury, the plaintiff was under the influence of alcohol to the extent that normal faculties were impaired (or had a blood or breath alcohol level of 0.08 or higher), and, as a result, was more than 50% at fault for his or her own harm.

Businesses often raise alcohol as a defense in a restaurant slip and fall or a fall at a bar or club. These rules are fact-specific, so speak with a lawyer before assuming anything.

What to do after a fall at a restaurant or bar

1. Get medical help. Head, hip and back injuries can be serious even if you feel fine at first.
2. Report the fall to the manager. Ask for an incident report and a copy, or at least the report number and the manager's name.
3. Photograph what made you fall. The spill, glass, step or dark area, before anyone cleans or fixes it. Include your shoes and your injuries.
4. Note the cameras. Ask that video be saved, and note every camera you see.
5. Get witness contacts. Friends, other customers and staff who saw the fall or the hazard.
6. Keep your receipt. It shows you were there and when.
7. Be careful with statements. Do not guess about what happened or say you are fine, and think twice before giving a recorded statement to an insurer.
8. Speak with a lawyer. A lawyer can send a preservation letter for video and records. For more steps, see what to do after a slip and fall in Florida.

How long do you have to file a restaurant slip and fall claim?

For most negligence claims from injuries after March 24, 2023, the time to file a lawsuit in Florida is generally two years from the date of the injury, under section 95.11, Florida Statutes. Some claims have different rules, such as wrongful death claims and claims against government agencies, which also require advance notice. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

If you lost a loved one, see our wrongful death page.

Tomas Robirosa helps people hurt in falls, negligent security incidents and crashes across Miami-Dade, Broward and Palm Beach, and throughout Florida. Consultations are free, and there is no fee unless we recover for you. Se habla español.

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