How Much Time Do You Have to Sue After a Slip and Fall in Florida?

By Igor Hernandez, CHG Personal Injury Lawyers, Coral Gables, Florida

Filing deadlines for Florida slip and fall claims depend on when the claim accrued. The two-year negligence period from HB 837 (ch. 2023-15) applies to causes of action that accrued after March 24, 2023, while older claims generally fall under the prior four-year period. Other periods and exceptions may apply. Florida law sets a filing period for negligence actions, and whether it applies to a given claim depends on when the claim accrued and on the facts of the case. But the exact deadline depends on when the claim arose, who owns the property, and other facts. This page explains the rules so you can plan.

If you were hurt in a fall, you may be dealing with pain, bills, and missed work all at once. The deadline is one more thing to understand. This guide walks through it in plain language. For general background, see our slip and fall injuries page.

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

For a negligence claim that accrued after March 24, 2023, the two-year period may apply, and other periods and exceptions may also apply depending on the facts.

The statute lists “an action founded on negligence” among its two-year actions. A slip and fall claim may be brought as a negligence claim. Other claims, such as those against a government agency, can follow different time limits.

When does the clock start running?

The clock generally starts when the claim’s last required element occurs. Under Fla. Stat. § 95.031, a cause of action accrues when its last element occurs. In a simple fall, that may be the date you were hurt.

Whether the clock starts on the date of the fall, at a later diagnosis, or at another point depends on the facts of each case and applicable Florida law. The statute’s wording focuses on when the last element of the claim occurs. How that applies to your facts depends on your records and Florida law. To review your situation, contact CHG Personal Injury Lawyers or Igor Hernandez; CHG charges no attorney’s fees and no case costs unless there is a recovery.

Does the deadline change if a government owns the property?

Claims against state or local government agencies may be subject to additional requirements under Fla. Stat. § 768.28, including pre-suit notice, and how those requirements apply depends on the facts and applicable Florida law. Other requirements may also apply, so these cases need prompt attention.

What happens if the deadline passes?

A lawsuit filed after the deadline may be dismissed. Exceptions and rules that pause or extend deadlines may apply in some cases. Each case differs, and missing a deadline can end a claim that might otherwise have existed.

Does the owner have to have known about the hazard?

In a slip on a transitory foreign substance in a business establishment, Florida law asks about knowledge. Fla. Stat. § 768.0755 requires the injured person to prove the business had actual or constructive knowledge of the dangerous condition and should have acted to fix it.

Constructive knowledge may be shown with circumstantial evidence. That includes proof that the condition existed long enough that ordinary care should have caught it, or that it happened often enough to be foreseeable. This section does not change any other common-law duty of care owed by a person or entity in possession or control of a business premises. Other kinds of hazards may follow different rules.

How does your own fault affect the claim?

Florida uses comparative fault. Under Fla. Stat. § 768.81, a court generally enters judgment against each liable party based on that party’s percentage of fault. Under § 768.81(6), in negligence actions to which that section applies, a plaintiff whose fault is greater than 50 percent of the total may not recover damages. This does not reach medical negligence actions under chapter 766, applies to causes of action filed after March 24, 2023, and depends on the facts of each case.

Questions that may come up in a fall case can include whether you were watching where you walked, what shoes you wore, and whether you used a handrail. These questions can affect how fault is divided, but each case differs.

What steps might you consider now, depending on the facts of your situation?

Start by writing down what happened while you still remember it. Note the date, time, location, and what caused you to fall.

• Take photos of the spot, the hazard, and your shoes or clothing.
• Get the names and contact details of anyone who saw the fall.
• Ask the property manager for an incident report, and keep a copy.
• Keep receipts, bills, and records of missed work.
• See your doctors and follow their care.

Medical decisions belong with your doctors. Your job is to keep records of your care.

Frequently asked questions

Talk with Igor Hernandez about your deadline

If a fall has left you hurting and you’re worried about a deadline you didn’t expect to face, you don’t have to sort it out alone. Contact CHG Personal Injury Lawyers to talk through your situation with Igor Hernandez. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Igor Hernandez is admitted in Florida as a member of The Florida Bar. CHG Personal Injury Lawyers represents clients throughout Florida from its office in Coral Gables, Florida.