Hurt in a Restaurant Fall on Coral Way? You Do Not Have to Figure It Out Alone

If you slipped on a wet floor at a restaurant or bar, you may have a claim against the business. Florida law asks a key question: did the business know about the spill, or should it have known, and fail to clean it up? A Coral Way slip and fall lawyer can explain how that question applies to your fall.

This guide explains what you need to show, how Florida’s deadlines work, and what to do after a fall. It is general information, not legal advice about your case. For background on these claims, see our slip and fall claims overview.

Can you sue a restaurant or bar after a slip and fall?

Whether you may have a claim depends on the facts of your case, including whether the business’s carelessness caused your fall.

Florida law calls this premises liability. It means the owner or operator of a property owes a duty to keep visitors safe from hazards it knows about or should know about.

Florida has a specific statute for falls on a substance that does not belong on the floor. Under Fla. Stat. § 768.0755, a person who slips on a transitory foreign substance in a business establishment must prove the business had actual or constructive knowledge of the dangerous condition. The business also should have acted to fix it.

Examples of temporary substances on a floor include water, a spilled drink, or grease.

What must you prove after a spill at a restaurant or bar?

You must show the business knew about the spill, or should have known about it. Florida’s statute explains how constructive knowledge may be proven, including through circumstantial evidence (Fla. Stat. § 768.0755).

Staff reports, messages, or a witness who alerted an employee can help show this.

Constructive knowledge means the business, in the exercise of ordinary care, should have known of the condition, even if no one said anything. The statute lists the circumstances that may show constructive knowledge (Fla. Stat. § 768.0755):

• The spill was there long enough that a business using ordinary care should have found it. Under § 768.0755(1)(a), circumstantial evidence like this can prove constructive knowledge.
• The condition happened regularly, so it was foreseeable. Under § 768.0755(1)(b), a spill that keeps happening in the same place may show this.

The statute also says it does not change the general duty of care a business owes. Under § 768.0755(2), the section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.

What often makes the difference: Photos taken soon after the fall, incident reports, witness names, and video footage can show how long a spill was on the floor. These details are often lost quickly, so save what you can.

Do floor hazards other than spills count?

Yes, but the rules can differ. The statute above applies to transitory foreign substances like spills, but it does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises. A broken step, a cracked tile, or an uneven floor may raise different questions under the general duty a business owes.

Because of this, the type of hazard matters. Describe exactly what you saw when you fell, and write down where you were standing. A coral way slip and fall lawyer can look at your facts and tell you which rules are most likely to apply.

How long do you have to file a claim in Florida?

Deadlines apply, and missing one can end a claim. Contact a lawyer promptly after your fall so there is time to gather evidence.

What if you were partly at fault for the fall?

Florida uses a modified comparative fault rule. Your award can be reduced by your share of fault. Under Fla. Stat. § 768.81, in a negligence action, contributory fault chargeable to the claimant “diminishes proportionately” the damages but does not bar recovery, subject to subsection (6).

For negligence actions to which § 768.81 applies, a claimant found greater than 50 percent at fault for his or her own harm may not recover any damages; this does not apply to personal injury or wrongful death actions arising out of medical negligence. In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages, but does not bar recovery, subject to subsection (6) of Fla. Stat. § 768.81.

A business may also try to blame someone else, such as a cleaning contractor. Under § 768.81, in order to allocate fault to a nonparty, a defendant must affirmatively plead the nonparty’s fault and, absent a showing of good cause, identify the nonparty if known, or describe the nonparty as specifically as practicable. The defendant must then prove that nonparty’s fault at trial.

Shared fault is a common argument in these cases. For example, a business may claim you were looking at your phone and missed a visible spill.

How are medical bills handled in a slip-and-fall claim?

Florida limits what you can prove for medical bills that have already been paid. Under Fla. Stat. § 768.0427, evidence of damages for past medical treatment that has been satisfied is limited to the amount actually paid, regardless of the source of payment.

Some injured people receive treatment under a letter of protection. The statute defines this as an arrangement where a provider treats you in exchange for a promise of payment from any judgment or settlement. Ask about any such arrangement before you agree to it.

Health insurance and other benefits can also affect a claim. Under Fla. Stat. § 768.76, the court reduces an award by amounts paid or available from collateral sources. There is no reduction for collateral sources that have a subrogation or reimbursement right.

Follow your doctors’ care. Keep every bill, receipt, and record of treatment.

Mistakes that can hurt a slip-and-fall claim

• Leaving without a report. Ask staff to write an incident report and get a copy.
• Not documenting the scene. Take photos of the floor, the spill, and any warning signs or their absence.
• Losing witness information. Get names and phone numbers from anyone who saw the fall.
• Delaying medical care. Get checked after a fall, even if you feel okay at first, and follow your doctors’ care.
• Posting about the fall online. Statements on social media can be used by the other side.

What to do next

Start by getting medical care and keeping every record. Save photos, the names of witnesses, and the shoes and clothing you wore.

Igor Hernandez is the attorney responsible for this content. He is a licensed attorney admitted to The Florida Bar. CHG Personal Injury Lawyers is a Florida-based firm that represents people hurt in falls and other accidents across Florida, including in Coral Way, Coral Gables, Doral, and Miami Beach.

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

If you slipped on a spill at a restaurant or bar and are still dealing with pain and bills, you may have a claim, and our team can talk it through with you. You can start with a free, confidential, no-obligation consultation.

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