Hurt on a Wet Floor or Broken Step in Miami Beach? You Do Not Have to Figure Out Your Next Step Alone.

Responsible attorney: Igor Hernandez, admitted to The Florida Bar Office: Miami, Florida

Lincoln Road on a sunny afternoon is shopping bags, sidewalk cafés, and people taking their time. One wet patch can end that stroll fast. If you slipped on a spill or wet floor at a Miami Beach hotel, restaurant, or store and got hurt, Florida law may give you a claim against the property owner. Whether you have one turns on the facts and on Florida law, so the details matter.

When can a fall at a Miami Beach business lead to a claim?

A fall can lead to a claim when the business knew, or should have known, about the hazard and did nothing to fix it or warn you.

Picture a guest who steps in water left near a hotel pool entrance, or a diner who slips on soup spilled near a restaurant patio. Florida has a specific statute for falls on a temporary substance inside a business, such as a spill or puddle. It also says it does not affect the broader common-law duty of care a business owner owes.

What must you prove about the spill?

Under § 768.0755, the injured person must prove the business had actual or constructive knowledge of the dangerous condition. The business also should have acted to fix it.

Constructive knowledge means the business should have known, even if no one noticed it. The statute says constructive knowledge can be shown with circumstantial evidence, meaning clues that point to what happened. The statute describes how constructive knowledge may be shown with circumstantial evidence, as set out in Fla. Stat. § 768.0755:

• The condition existed long enough that, with ordinary care, the business should have known about it.
• The condition occurred with regularity, so it was foreseeable.

Evidence that can help show how long a spill was there includes photos, video from cameras, witness names, and incident reports. Write down what you remember while it is still fresh.

How does your own fault affect a Florida claim?

Florida’s comparative fault rule (shared fault) can reduce an award based on your share of blame. Under § 768.81, damages are reduced in proportion to the claimant’s share of fault, and under subsection (6), a claimant found more than 50% at fault may not recover damages in most negligence actions. Under the 2023 amendment that added § 768.81(6), Florida’s greater-than-50% bar generally applies to negligence actions filed after March 24, 2023 (Ch. 2023-15, Laws of Fla.), and its exceptions, such as medical negligence actions, depend on the facts and applicable Florida law.

A property owner may argue the spill was obvious or that you were not watching where you walked. Those arguments are part of how fault is weighed, so the facts of your fall matter.

How long do you have to file?

Florida sets time limits for filing personal injury lawsuits in § 95.11. The limit can depend on when the claim arose and the type of claim, and the statute has exceptions. Because time limits can run out, timing matters from the start.

What about your medical bills?

Keep every bill, receipt, and payment record. Under § 768.0427, evidence of medical bills that have already been paid is limited to the amount actually paid, regardless of the source of payment. Organized records make that proof easier to present.

Follow your doctors’ care plan. This page does not give medical advice.

Why do falls matter so much for older Floridians?

Falls can cause serious injuries, especially for older adults. The Florida Department of Health publishes fall-injury statistics for Florida, including data on residents age 65 and older.

If a parent or grandparent fell at a store, hotel, or restaurant, the same questions about the property owner’s knowledge and care may apply. Families caring for an older loved one may have to track bills, appointments, and missed time at home, so keeping notes early helps.

Who we are and how we can help

CHG Personal Injury Lawyers is a Florida-based personal injury firm. The firm focuses on personal injury matters, including slip and fall, car, truck, and catastrophic injury cases. Our team serves people throughout Florida from our Miami office, and Igor Hernandez is the responsible attorney.

A case may be referred to, or handled together with, another law firm. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently asked questions