Can You Sue After a Slip and Fall in a Florida Store or Apartment Complex?

A fall can happen in an instant: a spilled drink in a grocery aisle, a wet lobby floor after a South Florida rainstorm, a broken step in an apartment stairwell. Many people get up, feel embarrassed, and say “I’m fine.” But falls can cause broken bones, back injuries, and head trauma that don’t show their full effect until later.

If you were hurt in a fall on someone else’s property in Broward or Miami-Dade County, you may be able to recover compensation. But Florida law sets specific rules for these cases, and knowing them early can make a big difference.

Property owners must keep their premises reasonably safe

Florida property owners and businesses that invite the public in, such as stores, restaurants, hotels, gyms, and shopping centers, must keep their property in reasonably safe condition. That includes regularly inspecting for hazards, fixing dangerous conditions, and warning visitors about dangers they can’t easily see.

Landlords and apartment complex owners have similar duties for areas they control, such as stairways, hallways, parking lots, walkways, pool decks, and lighting.

Common causes of falls include:

• Spilled liquids, food, or produce on store floors
• Wet floors without warning signs, especially near entrances on rainy days
• Broken or uneven stairs, missing handrails, and torn carpet
• Cracked sidewalks, potholes, and uneven pavement in parking lots
• Poor lighting in stairwells, hallways, and garages
• Slippery pool decks and bathroom floors

Falling alone isn’t enough: you must prove the owner knew or should have known

This is the part that surprises many people. Florida doesn’t make a property owner automatically responsible just because someone fell there.

For falls on spills and other temporary hazards in a business, Florida law requires the injured person to prove that the business either knew about the danger or should have known about it and failed to fix it.

“Should have known” can be shown in two main ways:

• The hazard was there long enough that a careful business would have found it. For example, a spill with footprints or cart tracks through it, or liquid that had started to dry around the edges.
• The hazard happened regularly. For example, water that routinely collects near a store’s ice machine or a produce display that’s often wet.

This is why evidence gathered right after a fall is so important. Once the spill is mopped up and the video is erased, it becomes much harder to prove how long the hazard was there.

Your own actions will be examined too

Insurance companies defending slip-and-fall cases almost always argue that the injured person was partly to blame. They may say you were looking at your phone, wearing the wrong shoes, or ignoring a hazard that was “open and obvious.”

That matters more than ever. Since Florida changed its law in 2023, if you are found more than 50% at fault for your own injuries, you can’t recover anything. If you are 50% or less at fault, your compensation is reduced by your percentage of fault. An experienced attorney can push back against unfair attempts to shift the blame to you.

What to do after a fall

If you’re able, take these steps:

1. Report the fall to the store manager, property manager, or landlord right away, and ask for a copy of the incident report. If they won’t give you one, write down the name of the person you spoke with.
2. Photograph everything: the hazard itself, the surrounding area, any missing warning signs, your shoes, and your injuries.
3. Get witness information. Other customers or residents may have seen the hazard before you fell, which can help prove how long it was there.
4. Note any cameras. Many stores and apartment complexes have security cameras, but footage is often recorded over within days. An attorney can send a letter demanding that it be preserved.
5. Keep your shoes and clothing as they were at the time of the fall. Don’t wash or throw them away.
6. See a doctor promptly, even if you feel okay. Head injuries and fractures in wrists, hips, and ankles are common in falls and aren’t always obvious right away.
7. Be careful what you say. Don’t apologize, guess about what happened, or give a recorded statement to the property owner’s insurance company without talking to a lawyer.

Special situations

Apartment complexes and rentals. If you rent, your landlord is generally responsible for maintaining common areas. Whether they’re responsible for an area inside your unit depends on the lease and the circumstances.

Government property. Falls on public sidewalks, in government buildings, or on public transit involve special notice requirements and procedures. If your fall happened on city, county, or state property, speak with an attorney as soon as possible.

Older adults. Falls are especially dangerous for seniors and can lead to hip fractures and long hospital stays. If a loved one fell in a nursing home or assisted living facility, the case may also involve elder abuse or neglect.

Don’t wait: Florida’s deadline is shorter than it used to be

Under the 2023 changes to Florida law, most negligence claims, including slip-and-fall cases, must be filed within two years of the injury. Evidence disappears much faster than that, so the sooner you speak with an attorney, the better your chances of building a strong case.

Injured in a fall? Talk to Kane & Vital.

The attorneys at Kane & Vital have helped injured people across Broward and Miami-Dade County for more than 30 years, with offices in Sunrise and North Miami. We’ll review what happened, explain your options, and deal with the insurance company so you can focus on healing. Consultations are free.

Learn more about our slip and fall practice or contact us today. You can also call (954) 523-5123.

This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, so please contact an attorney about your specific situation.