What to Do After a Slip and Fall in Florida: Steps, Proof and Your Rights

Knowing what to do after a slip and fall can make a real difference, both for your health and for any claim you may have later. In Florida, falls happen every day on wet floors in grocery stores, spilled drinks in restaurants, broken tiles in condo hallways and uneven sidewalks outside shopping centers. The steps you take right away, like getting medical care, reporting the fall and saving evidence, often decide whether the property owner can be held responsible. This guide explains those steps in plain language, what you generally have to prove under Florida law, and the mistakes to avoid. This article is general information, not legal advice. When in doubt, speak with a lawyer about your situation.

What to do after a slip and fall: step by step

If you fall, your first concern is your health. After that, a few simple steps protect your rights. Here is what to do after a slip and fall, in the order that usually makes sense:

1. Stay still for a moment and check yourself. If you hit your head, feel pain in your neck or back, or cannot stand easily, do not force it. Ask someone to call 911.
2. Get medical help. Go to the emergency room, urgent care or your doctor as soon as you can, even if you feel okay. Some injuries, like concussions and back injuries, show up hours or days later.
3. Report the fall to the manager or owner. Ask for an incident report to be written while you are there. Ask for a copy, or at least the manager's name and the report number.
4. Take photos and video before anything changes. Photograph the floor, the liquid or object, the lighting, any warning signs (or the lack of them), your shoes and your injuries. Spills get cleaned up quickly.
5. Get names of witnesses. Customers and employees who saw the fall or the hazard can be very important. Write down names and phone numbers.
6. Look for cameras. Note any security cameras pointing at the area and ask that the video be saved. Many systems record over old video after a short time.
7. Keep your shoes and clothes. Do not wash or throw away what you were wearing. It can show the substance on the floor and that your shoes were not the problem.
8. Write down what happened. The same day, write the time, the place, what you slipped or tripped on, and what people said to you.
9. Be careful with insurance calls. The property owner's insurer may call you quickly. Stick to the facts and think twice before giving a recorded statement.
10. Talk to a lawyer. A Florida slip and fall and premises liability attorney can help preserve evidence and explain your options.

The evidence that matters most in a slip and fall case

A big part of what to do after a slip and fall is saving evidence. In Florida, slip and fall cases are often won or lost on evidence gathered in the first days. These are the pieces that usually matter most:

• Photos and videoPictures of the hazard taken right after the fall, and any security camera video of the area before and during the fall.
• The incident reportThe report the store, restaurant or building wrote. It shows that the owner knew about your fall and what was recorded at the time.
• WitnessesPeople who saw the fall, the spill or the hazard, or who heard an employee talk about it.
• Medical recordsRecords that connect your injuries to the fall, starting with your first visit.
• Cleaning and inspection logsRecords showing when the area was last checked or cleaned. A lawyer can request these.
• Your shoes and clothingThey can show the substance and help answer the question of whether your footwear played a role.

Florida slip and fall law: what you generally have to prove

Falling on someone else's property does not by itself mean the owner is responsible. Under Florida premises liability law, you generally have to show that the owner or the business in control of the property was careless (negligent) and that this carelessness caused your injuries.

Falls in stores and restaurants. When a person slips on a "transitory foreign substance" in a business, such as a spilled drink, water, food or a cleaning product, section 768.0755, Florida Statutes, requires the injured person to prove that the business had actual or constructive knowledge of the dangerous condition and should have fixed it. Constructive knowledge can be shown with circumstantial evidence that:

• the condition existed long enough that, with ordinary care, the business should have known about it; or
• the condition happened regularly, so it was foreseeable (for example, a cooler that leaks again and again).

This is why evidence about how long a spill was there, such as footprints, cart tracks, dirt in the liquid, or video, can be so important.

Other hazards. Not every fall involves a spill. Broken steps, loose handrails, torn carpet, uneven floors, poor lighting and broken sidewalks are usually analyzed under general negligence rules. What an owner owes you can depend on why you were there. Customers and other invited guests are generally owed the highest duty: the owner must keep the property reasonably safe and warn about dangers the owner knows or should know about that are not obvious. People on the property for their own purposes, and trespassers, are generally owed less. These categories can be technical, so speak with a lawyer about your facts.

Are slip and fall cases hard to win?

They can be. Insurance companies often fight slip and fall claims hard, and Florida's notice rule for businesses puts the burden on the injured person. Common defenses include:

• "We didn't know"The business says the spill had just happened and it had no reasonable chance to find it.
• "It was open and obvious"The owner argues anyone would have seen the hazard. In Florida this argument may affect the duty to warn, but owners generally still have a duty to keep the property reasonably safe.
• "You weren't paying attention"The owner blames your shoes, your phone or where you were looking.
• "Your injuries came from something else"The insurer points to an old injury or a gap in your medical treatment.

Comparative fault matters a lot. Under section 768.81, Florida Statutes, as changed in 2023, 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 of fault. That is one reason the evidence from the scene, and the way you describe the fall, matter so much.

Knowing what to do after a slip and fall helps you build that proof. Strong cases usually have clear proof of the hazard, proof that the owner knew or should have known about it, and medical records that tie the injuries to the fall.

Where slip and falls happen in South Florida

The basic rules are similar, but each type of property raises its own questions:

• Grocery stores and supermarketsSpilled liquids, produce, leaking coolers and freshly mopped floors. Section 768.0755 usually applies.
• Restaurants, bars and hotelsWet entrances on rainy days, spilled drinks, greasy floors and pool decks.
• Condos and apartmentsBroken stairs, poor lighting, leaks in hallways and wet lobbies. The association, the landlord or a management company may be responsible, depending on who controls the area.
• Parking lots and sidewalksPotholes, wheel stops, cracked or raised sidewalks and poor lighting.
• Government propertyFalls on a city sidewalk, in a public building or on a county facility. Claims against government agencies have special notice rules and other limits, so speak with a lawyer early.

Florida's frequent afternoon rain makes wet entrances a common problem. A business may need to use mats, signs or extra cleaning when it rains. Whether it did enough is a question of fact in each case.

Who pays the medical bills after a slip and fall?

If the property owner is legally responsible, the claim is usually paid by the owner's liability insurance. Many businesses, condo associations and landlords carry this coverage. A claim can include medical bills, lost income and pain and suffering, depending on the facts.

While the claim is pending, your own health insurance, Medicare or Medicaid may pay your medical bills. Some property policies also include a small "medical payments" coverage that pays regardless of fault. Health insurers may ask to be paid back from any recovery.

Since 2023, Florida law (section 768.0427, Florida Statutes) has specific rules about how medical expenses are proven in injury cases. Keep every bill, statement, receipt and explanation of benefits, and tell your lawyer how your treatment is being paid.

Common mistakes after a slip and fall

Knowing what to do after a slip and fall also means knowing what not to do. These mistakes come up again and again:

• Saying "I'm fine" and leaving. Adrenaline hides pain. Leaving without a report makes the fall harder to prove.
• Waiting to see a doctor. Gaps in treatment are one of the first things insurers point to.
• Not taking photos. The spill is usually gone within minutes.
• Guessing in your statement. Saying "I wasn't looking" or "maybe it was my fault" can be used against you. Stick to what you know.
• Posting on social media. Photos and comments can be taken out of context. It is safer not to post about the fall or your injuries.
• Signing papers or accepting a quick offer. Do not sign a release or medical authorization from the owner's insurer before you understand it.
• Waiting too long to get help. Video and witnesses disappear, and legal time limits generally apply. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

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

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 fall, under section 95.11, Florida Statutes. Claims against government agencies have extra requirements, including written notice before a lawsuit. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

Even when there is time left to file, it is better not to wait. Video, witnesses and cleaning records are easiest to get in the first days and weeks.

Tomas Robirosa helps people hurt in slip and fall, trip and fall and other premises accidents across Miami-Dade, Broward and Palm Beach. Consultations are free, and there is no fee unless we recover for you. Se habla español.

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