Hurt in a Slip and Fall in West Palm Beach? Here's What to Know Next

If you were hurt in a fall on property you don’t own or run, you may have a claim against the property owner. Whether you do depends on what caused the fall and what the owner knew or should have known.

Who This Page Is For: A Fall on Someone Else’s Property

If you slipped and got hurt on property someone else controls, you may have a claim against the owner or manager, depending on the facts.

Picture this. You step on a wet floor in a grocery store with no warning sign. Or you catch a cracked edge on a condo walkway, or you trip on a loose stair rail at a hotel. You get hurt. You didn’t own the place, and you didn’t create the danger. Many people in this spot wonder whether they can do anything about it.

In Florida, this kind of claim is often called premises liability (a claim that a property owner was responsible for an unsafe condition). The sections below explain its parts in plain words.

Generally, the injured person brings the claim. If a fall causes a death, the claim is brought by the decedent’s personal representative (the person appointed to handle the deceased person’s estate), for the survivors and the estate, under § 768.20.

Each case depends on its own facts. No result can be promised.

Where Slip and Fall Injuries Happen in West Palm Beach and Palm Beach County

Slip and fall injuries often happen in shared places that people use every day. Common settings include:

• Shopping centers and retail plazas, including store aisles and entrances
• Condominium lobbies, walkways, and pool decks
• Hotel and resort common areas, such as lobbies, stairs, and pool areas
• Parking lots and garages, including curbs, potholes, and poor lighting

Hazards that often come up in these places include wet or slippery floors, poor lighting, torn carpet, missing handrails, and unmarked changes in level. These are examples to discuss, not proof that anyone was at fault. Whether a hazard supports a claim depends on how it was created, how long it was there, and what the owner did about it.

A fall in a parking area or on a walkway can also raise questions about who was responsible for keeping that area in good condition. This page does not include local fall statistics, because no named source has been verified for them.

What a Florida Slip and Fall Claim Generally Requires

For a fall on a temporary substance in a business, the injured person generally must show the business knew or should have known about the danger.

Under § 768.0755, when a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove the business had actual or constructive knowledge (knowledge it had, or knowledge the law treats it as having) of the dangerous condition. The business also should have acted to fix it. Under Fla. Stat. § 768.0755, constructive knowledge may be proven by circumstantial evidence showing that:

• The condition existed long enough that, with ordinary care, the business should have found it.
• The condition happened often enough that it was foreseeable.

Other hazards, like a broken stair or a missing handrail, may fall under a different rule. § 768.0755(2) says the section does not affect common-law duties (duties set by earlier court decisions) owed by a person or entity in possession or control of a business premises. Which rule applies depends on the facts.

Florida also uses comparative fault (shared fault). Under § 768.81(6), a party found more than 50 percent at fault for their own harm may not recover any damages. Exceptions apply, including certain medical negligence claims.

Timing matters too. Under § 95.031(1), a cause of action generally accrues when its last element occurs. The time limits for filing in § 95.11 depend on the type of action and when it accrued. Because your deadline depends on your facts, have it reviewed promptly.

What to Do Now After a Fall

Getting medical care, reporting the fall, and keeping records may be relevant to a claim. None of these steps can promise a result.

• Get medical care. Follow your doctor’s advice. Keep copies of diagnoses, treatment plans, and bills.
• Report the fall. Tell the property manager or owner. Ask for an incident report, and keep a copy.
• Document the scene. If it is safe, photograph the hazard, the lighting, and the area. Write down the names and phone numbers of any witnesses.
• Keep your records. Save the shoes and clothing you wore. Note missed work and daily activities you can’t do.
• Be careful with the insurer. An adjuster works for the insurance company, not for you. Talk with a lawyer before you give a recorded statement or sign a release.

Under § 627.4136(1), a person who is not an insured generally cannot sue a liability insurer until a settlement or verdict exists against its insured.

How CHG Handles a Slip and Fall Case

CHG starts with a free, confidential initial consultation with no obligation to continue.

1. Initial consultation. You describe the fall, the location, and your injuries. You can ask questions. You aren’t required to hire the firm afterward.
2. Investigation. We look at the property, the hazard, maintenance and incident records, and witness information. We request records as appropriate.
3. Evaluation and options. We explain how Florida law may apply to your facts. Options may include negotiating with the insurer or filing a lawsuit if needed.
4. Ongoing updates. We keep you informed as the case moves. Timelines vary by case, and no timeline can be promised.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

Why CHG Personal Injury Lawyers for a West Palm Beach Fall

CHG Personal Injury Lawyers is a Florida-based firm. Its practice focuses on catastrophic injury claims, and it also handles everyday accidents, including slip and fall matters.

• Responsible lawyer: Igor Hernandez, admitted in Florida as a member of The Florida Bar.
• Office: Our office is in Coral Gables, Florida, and we serve clients in West Palm Beach.
• Support staff: Our office staff supports the lawyer with scheduling, records, and daily case work.
• Languages: The firm publishes educational content in English and Spanish.

Common Questions About West Palm Beach Slip and Fall Claims

Talk With CHG About Your West Palm Beach Fall

If you fell at a shopping center, condo, or hotel in West Palm Beach and now face medical bills and missed work, you may be asking who is responsible. Our office in Coral Gables can talk through those questions in a free, confidential consultation with no obligation to continue. Igor Hernandez, admitted in Florida as a member of The Florida Bar, is the responsible lawyer. Contact CHG at chglawyers.com/contact-us. CHG charges no attorney’s fees and no case costs unless there is a recovery.