Hurt on Someone Else's Property in North Miami Beach?

A slip and fall in North Miami Beach can leave you hurt, unable to work, and facing bills you didn’t expect. If the fall happened because a business or property owner knew about the danger, or should have known, you may have a claim. Florida law sets clear rules for these cases, and some of them move quickly.

Whether you fell in a grocery aisle, a restaurant, an apartment lobby, or a wet walkway after a day at Oleta River State Park, the first steps matter. This page explains what Florida law looks for, how long you have to act, and why you should talk with a lawyer early.

What Should You Do Right After a Slip and Fall?

Get medical care and follow your doctor’s care plan. Your health comes first, and a record of your injuries helps any later claim.

Then, if you can, protect the facts. Take photos of the spot, the floor, any spill, and any warning sign or missing sign. Write down the time, the weather, and who saw the fall. Ask the business to file an incident report, and keep a copy.

Save your shoes and the clothes you wore. Keep receipts, pharmacy bills, and notes about missed work. These details can matter months later, when memories fade.

Does a Business Have to Pay for a Slip and Fall in Florida?

A business is not automatically responsible just because you fell. Under Florida law, the injured person must show the business knew, or should have known, about the dangerous condition and should have fixed it. Florida law sets out a specific rule for a fall on a “transitory foreign substance” in a business establishment, which is a temporary hazard such as a spill, water, or a slick patch on the floor.

Duration. The hazard was there long enough that a business using ordinary care should have found it. A puddle that sat for a long time is a different case than a spill that appeared seconds before the fall.

Regularity. The condition happened often enough that it was predictable. If the same spot near a store entrance floods every rainy afternoon, the owner may be expected to watch for it.

The statute sets filing deadlines for actions other than for recovery of real property; it does not address any duty of care a business owes. Property owners still have to keep their premises reasonably safe under the general rules that apply to them. Facts decide these cases, so a short phone call can help you understand your options.

How Long Do You Have to File a Slip and Fall Lawsuit in Florida?

For most Florida negligence and personal injury claims that began after March 24, 2023, the deadline to file is two years. Florida’s limitations rules are in Fla. Stat. § 95.11.

Florida sets filing deadlines for actions other than recovery of real property, and those deadlines do not wait for you to feel better. Contact the firm promptly so there is time to gather records and witness information.

What If You Were Partly at Fault for Your Fall?

Partial fault does not always end a claim. Florida uses modified comparative fault for negligence suits filed after March 24, 2023. Under Fla. Stat. § 768.81, your damages are reduced by your share of fault. If you are found more than 50% at fault, you recover nothing.

That means a fall while looking at your phone, or while carrying a heavy load, is not automatically a bar to recovery. The percentage of fault is a key question, and the other side will often argue about it. Keep your evidence and let your attorney handle those arguments.

Florida also divides fault among responsible parties. Under the same statute, each party pays based on its own percentage of fault. It does not use joint and several liability as the basis for judgment.

How Are Medical Bills Proven in a Florida Injury Case?

Medical bills are a major part of most slip and fall claims. Florida has specific rules about what evidence can prove medical expenses. Fla. Stat. § 768.0427 addresses the evidence that can be offered to prove the amount necessary to satisfy unpaid medical charges, including treatment received under a letter of protection.

Keep every bill, statement, and insurance explanation you receive. Tell your attorney about any treatment arrangement you made so the records line up.

Why Do Falls Matter So Much for Older Floridians?

Falls can change a senior’s independence in a single moment. Older adults may take longer to heal, and a fall can lead to lasting limits on daily life. The Florida Department of Health’s older adult falls prevention program explains why falls are a serious concern for older residents across the state.

If a parent or grandparent fell at a store, a rental building, or a parking garage, the family often carries the worry and the paperwork. You do not have to sort it out alone.

Who Can Be Responsible for a Slip and Fall in North Miami Beach?

The responsible party may be the business that runs the store or restaurant. It may also be the property owner, a management company, or a contractor who created the hazard.

Insurance companies often move fast after a fall. Dealing with an adjuster by yourself can feel like swimming against Oleta River’s tide with one arm tied behind your back. Be careful about recorded statements and quick settlement offers until you understand your claim.

Mistakes That Can Hurt a Slip and Fall Claim

• Waiting too long to report the fall or to get checked by a doctor.
• Throwing away shoes, clothing, or other items from the day.
• Posting details of the fall or your activities on social media.
• Giving a recorded statement to an insurer before you understand what you’re agreeing to.
• Skipping follow-up care, which can make injuries harder to link to the fall.

Free Consultation and How Fees Work

CHG Personal Injury Lawyers is a Florida-based firm. Our team serves people in North Miami Beach and throughout Miami-Dade County. The firm’s lawyers are licensed in Florida. Igor Hernandez is the responsible attorney for this page.

The first consultation is free, confidential, and carries no obligation to continue. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions