Wet Floor Signs and Your Florida Slip and Fall Claim

By Igor Hernandez, CHG Lawyers, Coral Gables, Florida

Under Fla. Stat. § 768.0755, the key question is what the business knew or should have known about the spill, and whether it should have acted.

This page explains slip and fall law Florida shoppers and visitors should understand.

What happens after a slip on a spill in a store?

When someone slips on a spill inside a store and gets hurt, the store’s knowledge of that spill becomes a central question. Picture a shopper walking past a cooler where liquid has pooled on the tile. A wet floor sign may be nearby, or it may not be.

Whether the store can be held responsible depends on the facts of that case. The records, witness accounts, and the timing of the spill all matter.

What does Florida’s statute say about spills in a business?

Under § 768.0755, an injured 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 injured person must also show the business should have taken action to fix it.

In everyday words, a “transitory foreign substance” is a temporary substance on the floor, such as a spill.

Actual knowledge

Actual knowledge means the business knew about the spill. For example, an employee may have seen the liquid and walked past it without acting.

Constructive knowledge

Constructive knowledge is a second path. The statute says it may be shown with circumstantial evidence, which means indirect proof.

• Time: The condition existed long enough that, using ordinary care, the business should have known about it.
• Regularity: The condition occurred repeatedly, so it was foreseeable.

Indirect proof might include video, cleaning logs, or witness statements. Each piece of evidence needs to be weighed against the facts of the case.

Does a wet floor sign settle the question?

No sign settles the question by itself under the statute’s text. Section 768.0755 does not mention wet floor signs, cleanup, or warnings. It asks whether the business had knowledge and should have acted to remedy the condition.

A sign, a cleanup, or a timed mop-up may be part of that picture. How much weight any of them carries turns on timing and the specific facts.

The statute also says it does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises, according to § 768.0755(2). So the statute does not describe every premises claim. Other legal duties may also apply.

How can shared fault affect a Florida slip and fall claim?

Shared fault, called comparative fault, can reduce what a person recovers. Under § 768.81(2), in a negligence action, the claimant’s contributory fault lowers the damages awarded in proportion to that fault. Under Florida’s comparative fault law, as amended in 2023, § 768.81(6) bars a claimant found more than 50% at fault from recovering damages in most negligence actions. Medical negligence claims under chapter 766 are excepted, and the change applies to causes of action filed after March 24, 2023.

The same statute says a court enters judgment against each liable party based on that party’s percentage of fault. It does not use joint and several liability for that purpose, as set out in § 768.81(3).

How much time is there to file?

Florida sets lawsuit time limits by statute. The main list is in Fla. Stat. § 95.11. Which limit applies turns on the type of claim and when it accrued, and other periods or exceptions may apply.

Under the statute’s accrual rule, a cause of action accrues when its last element occurs, according to § 95.031. Because deadlines can be short, contact CHG Lawyers promptly if you were hurt.

What should you keep after a fall?

Evidence can change or disappear over time. Photos of the spot, any sign or lack of one, and names of people who saw the fall may later matter to how the facts are shown.

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

Talk with CHG Lawyers about your fall

If you were hurt on a spill in a store, you may have questions about what the business knew and what the law says. CHG Lawyers is based in Coral Gables, Florida, and represents people throughout Florida, including in Miami, Orlando, Tampa, and Jacksonville. Contact CHG Lawyers to talk through what happened. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently asked questions

Does a wet floor sign protect a store in Florida?