Hurt in a Slip and Fall in Orlando? You Don't Have to Handle It Alone

Slip and Fall Lawyer in Orlando, Florida: How Florida’s Deadline Works

If you’re searching for slip and fall attorneys in Orlando Florida, the first question is usually about time. For most negligence claims in Florida, the general rule is two years to file a lawsuit (Fla. Stat. § 95.11(5)(a)). This page explains how that deadline works, what can change it, and what you can do now to protect your claim. The information is general, so it can’t replace a review of your own facts.

The Short Answer: Florida’s Two-Year Deadline for Most Slip and Fall Claims

For most slip and fall claims, Florida gives you two years to file a lawsuit (Fla. Stat. § 95.11(5)(a)). That period applies to actions founded on negligence, which is the legal term for harm caused by someone’s carelessness. For negligence claims that accrued after March 24, 2023, the two-year rule is the current rule.

Deadlines for injury claims can change over time, so it is important to speak with a lawyer promptly. That’s why the date of your fall matters. We explain how to check it in the next section.

A deadline limits when you can file a lawsuit. It is not a date to finish treatment or wait for an insurance answer. Many people spend months on medical care and paperwork, and the clock keeps running during that time.

Missing the deadline can end a claim, even when the facts are strong. Treat this date as urgent.

When the Clock Starts and Which Rule Applies to Your Fall

A cause of action generally begins to run when the last element of the claim occurs, which may not always be the day you were hurt. In a fall case, the fall and the injury are usually the key dates.

Here’s a simple way to think about it. Suppose you slipped on a wet floor in an Orlando store after March 24, 2023. The two-year rule is the one to check first. Deadlines can depend on when an injury happened, so contact the firm promptly to learn what applies to your situation.

Don’t rely on a guess. Write down the exact date of the fall, the date you first felt the injury, and the dates of any medical visits tied to it. Clear dates help a lawyer check the timing quickly. Pinpointing the start date is a fact question, and our team reviews it with each person.

Exceptions That Can Change the Deadline

Some claims follow different timing rules. Government involvement is the most common change. If a city, county, or state agency may share fault, you must first present a written claim. Claims against the state or its agencies follow separate notice and filing rules, so the timing can differ from a standard negligence claim.

A fatal fall raises different questions. Families facing this loss should ask about timing early.

Claims involving a child have their own protections: the court must protect any amount awarded for a minor child under the Florida Guardianship Law. That statute protects the money.

These exceptions are why the answer depends on the facts. Bring any notices, letters, or incident reports you received to your consultation, so the timing can be reviewed.

What a Slip and Fall Claim Must Prove in Florida

If it didn’t, and you were hurt, you may have a claim. Medical bills, lost pay, and pain and suffering are common types of loss.

For a fall on a wet or slick spot in a business establishment, Florida has a specific statute that applies to transitory foreign substances, such as spills. Florida law treats a slip on a temporary spill or wet spot in a business establishment differently from other falls. In general, the injured person must show that the business knew, or should have known, about the dangerous condition and should have acted to fix it. You must show the business had actual or constructive knowledge of the danger. The business should also have acted to fix it.

Constructive knowledge means the business should have known.

Picture a spilled drink in a grocery aisle that sat for a long stretch while staff walked past. That pattern raises the question of whether the store should have known. The statute does not replace the store’s general duty to keep its premises reasonably safe.

How Florida’s Fault Rules Affect What Can Be Recovered

Florida uses modified comparative negligence, which is a shared-fault rule (Fla. Stat. § 768.81(6)). In a negligence action in Florida, a party found greater than 50 percent at fault for their own harm may not recover any damages. That bar does not apply to medical negligence claims under chapter 766.

Fault below that line still matters. The court enters judgment against each liable party based on its percentage of fault.

Expect the other side to raise your own choices. They may say you were looking at your phone, ignored a warning sign, or wore worn-out shoes. These arguments are reviewed as part of the claim. Early records make it easier to answer them with facts.

Why Acting Early Protects a Slip and Fall Claim

Acting early helps protect the proof of what happened. Many fall claims begin with an incident report, medical records, and a demand or negotiation before any lawsuit is filed. Each step in a claim can take its own time. The 7-year limit in Fla. Stat. § 95.11(3)(b) applies only to actions founded on the design, planning, or construction of an improvement to real property. It does not govern a slip-and-fall claim at a store, parking lot, or apartment complex. For a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence, but in any event the action must be filed within 7 years after the date a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion is issued, or the date construction was abandoned if not completed, whichever is earliest. Contact the firm promptly to learn what applies to your situation.

Take these practical steps now:

• Report the fall to the property manager or owner, and ask for a copy of any incident report.
• Photograph the spot, any warning signs or missing signs, the lighting, and the shoes or clothing you wore.
• Get medical care, and follow your doctors’ instructions for your treatment.
• Keep receipts, bills, and records of missed work.
• Write down the names and contact details of anyone who saw the fall.

Video footage can be overwritten, and witnesses move or forget what they saw. That is why timing matters so much in these cases.

Talk With a Slip and Fall Lawyer in Orlando, Florida About Your Deadline

If you were hurt in a fall at a store, parking lot, or apartment building in Orlando or elsewhere in Florida, you may not know how much time is left. A short conversation can answer that question. CHG Personal Injury Lawyers is a Florida-based firm that focuses on personal injury cases across Florida, including slip and fall claims. Igor Hernandez is the responsible lawyer for this page, and he is admitted to The Florida Bar.

CHG charges no attorney’s fees and no case costs unless there is a recovery. Your first consultation is free, confidential, and carries no obligation to continue. To talk about your fall and your deadline, request your free consultation today.

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