{"id":78244,"date":"2026-10-20T07:31:55","date_gmt":"2026-10-20T07:31:55","guid":{"rendered":"https:\/\/chglawyers.com\/resources\/slip-and-fall\/how-to-file-a-slip-and-fall-lawsuit\/"},"modified":"2026-10-27T14:53:06","modified_gmt":"2026-10-27T14:53:06","slug":"how-to-file-a-slip-and-fall-lawsuit","status":"publish","type":"page","link":"https:\/\/chglawyers.com\/resources\/slip-and-fall\/how-to-file-a-slip-and-fall-lawsuit\/","title":{"rendered":"How to file a slip and fall lawsuit?"},"content":{"rendered":"\n
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Slip and Fall Claims | Serving Florida<\/p>

Hurt on Someone Else's Property? Here Is How a Slip and Fall Lawsuit Works<\/h1>

A fall in a store, apartment building, parking garage, or restaurant can change your life. Learn what a slip and fall claim involves in Florida, and what steps you can take next.<\/p>

Get a Free, Confidential Consultation<\/a><\/div>
Get a Free, Confidential Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By CHG Lawyers \u00b7 Published October 20, 2026<\/p>\n\n

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If You Were Hurt in a Fall on Someone Else\u2019s Property, You May Have a Claim<\/h2>\n

If you were hurt in a fall on someone else\u2019s property, you may have a claim against the owner. This is true for some falls in a store, an apartment complex, a restaurant, or a parking lot. Every case depends on its own facts, and no outcome can be promised.<\/p>\n

Maybe you\u2019re reading this because you\u2019re hurting right now. Maybe you\u2019re worried about medical bills or missed work. Or maybe you\u2019re researching for a parent, spouse, or adult child who can\u2019t easily handle this alone. You don\u2019t need to know the legal rules yet.<\/p>\n

If you\u2019re wondering how to file a slip and fall<\/a> lawsuit in Florida, a lawsuit is only one possible path. A fall injury may first be handled through an insurance claim. Some claims are resolved without a court case. This page walks through the steps in order, so you can see what comes next. For more background, see our slip and fall injury guide.<\/p>\n\n

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If you were hurt in a fall on someone else\u2019s property, you may have a claim against the owner. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

What Is a Slip and Fall Claim?<\/h2>\n

A slip and fall claim asks for payment after someone falls because of a hazard the property owner did not fix or warn about. Common examples include a spilled liquid, a wet floor with no sign, a torn carpet, an uneven walkway, or a broken step.<\/p>\n

Lawyers call the owner\u2019s responsibility for the property premises liability.<\/p>\n

In Florida, a fall on a business floor from a transitory foreign substance (a temporary spill or slippery material) has its own statute. Fla. Stat. \u00a7 768.0755<\/a> covers that situation. The type of property, the type of hazard, and the facts all matter.<\/p>\n

What You Generally Need to Prove in a Florida Slip and Fall Case<\/h2>\n

For a spill on a business floor, the statute adds a specific test. The injured person must prove the business had actual or constructive knowledge of the dangerous condition and should have acted to fix it. Under Florida law, a person who slips and falls on a transitory foreign substance in a business establishment must prove that the business had actual or constructive knowledge of the dangerous condition. Constructive knowledge can be shown with circumstantial evidence. Under Fla. Stat. \u00a7 768.0755<\/a>, constructive knowledge may be proven by circumstantial evidence showing that the dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition, or that the condition occurred with regularity and was therefore foreseeable.<\/p>\n

The statute also says it does not change any common-law duty of care owed by a person in control of business premises. Whether each element is met depends on the evidence. Nothing here means a particular claim will succeed.<\/p>\n

How to File a Slip and Fall Lawsuit: Medical Care, the Scene, and Evidence<\/h2>\n

Getting medical care comes first. An evaluation creates a record of your injuries, and that record can matter later. Follow the advice of your own doctors, attend follow-up visits, and tell them every symptom, even small ones.<\/p>\n

Next, document the scene if you can do so safely. Take photos or video of the hazard, the lighting, your footwear, any warning signs, and the surroundings. Write down the date, time, and what happened while you still remember it clearly.<\/p>\n

Collect the names and phone numbers of witnesses and any employees who responded. Ask the property for a copy of its incident report. Keep receipts, bills, prescription records, and a simple daily journal of your pain and what you could not do.<\/p>\n

Ask the property in writing to preserve surveillance footage and records. Video can be overwritten over time, so a written request helps protect what may exist. Keep a copy of every letter you send.<\/p>\n

How a Fall Claim Starts With the Property Owner\u2019s Insurer<\/h2>\n

A fall claim may start with a claim to the property owner\u2019s liability insurer. The insurer generally handles claims made against its insured owner. Your claim is generally against the owner or the party responsible for the property. An insurer\u2019s role does not, by itself, make the insurer directly liable to you.<\/p>\n

Be careful before you give a recorded statement. Do not sign a release, and do not accept an early payment until you understand the full extent of your injuries. Early offers are made before many injuries are fully known.<\/p>\n

Some claims are resolved without a lawsuit. You can ask questions about your options before you respond to an insurer. Speaking with a lawyer first can help you understand what you\u2019re being asked to agree to.<\/p>\n

Florida Deadlines: The Time Limit for Filing a Slip and Fall Lawsuit<\/h2>\n

Florida sets time limits for filing lawsuits, and missing a deadline can end a claim. These limits are found in Fla. Stat. \u00a7 95.11<\/a>. The exact deadline depends on the type of action and when the claim accrued.<\/p>\n

A claim generally accrues when the last element of the claim occurs. Fla. Stat. \u00a7 95.031<\/a> explains that rule. For that reason, the accrual date depends on the facts of each case.<\/p>\n

Do not rely on a general rule you read online. Exceptions and tolling rules (rules that can pause a deadline) may apply, and they depend on the facts. Ask a lawyer to confirm your deadline as early as possible. Waiting can leave less time to gather evidence.<\/p>\n\n

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Not sure what your next step is?<\/h3>

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n

How Comparative Fault Can Affect a Florida Slip and Fall Claim<\/h2>\n

Comparative fault means fault can be divided among the people involved. Under Fla. Stat. \u00a7 768.81<\/a>, in a negligence action, a court enters judgment against each liable party based on that party\u2019s percentage of fault. It does not hold each party responsible for the full amount.<\/p>\n

The same statute also says that in a negligence action, contributory fault chargeable to the injured person diminishes proportionately the amount awarded, but does not bar recovery, subject to its subsection (6). Under Fla. Stat. \u00a7 768.81<\/a>, in a negligence action to which this section applies, a party found to be greater than 50 percent at fault for his or her own harm may not recover any damages, and this limit does not apply to personal injury or wrongful death actions arising out of medical negligence under chapter 766. This is a serious issue, so your own conduct matters.<\/p>\n

The property owner may argue that you contributed to the fall. For example, the owner may point to your footwear, a visible warning you walked past, or how fast you were moving. The owner may also argue the hazard was open and obvious, or that it was unknown. Whether these arguments succeed depends on the evidence and the facts of the case.<\/p>\n

The Stages of a Florida Personal Injury Lawsuit<\/h2>\n

A Florida injury lawsuit generally moves through several stages. First comes the investigation and evidence gathering. Next, there may be a demand or negotiation with the insurer. If the claim does not resolve, a complaint may be filed in the proper Florida court.<\/p>\n

The defendant then responds. The discovery stage follows, which can include written questions, requests for records, depositions (sworn out-of-court testimony), and inspection of the property.<\/p>\n

Some cases settle during discovery or at mediation, where a neutral person helps the sides talk. Others go to trial. Court rules and the amount in dispute can affect where and how a case proceeds. Each stage can take a different amount of time depending on the case. No timeline can be promised.<\/p>\n

What Compensation May Be Available and the Limits to Know<\/h2>\n

Fall claims may seek economic losses, such as medical bills and lost income. They may also seek non-economic losses, such as pain and suffering. Whether a particular category applies depends on the facts, the evidence, the law, and comparative fault.<\/p>\n

Falls at work are generally handled through workers\u2019 compensation, not a premises lawsuit against a property owner. If your fall happened on the job, ask about that system before you take other steps.<\/p>\n

No amount of compensation can be estimated or promised here. Each case is different, and results vary.<\/p>\n

Common Mistakes That Can Hurt a Slip and Fall Claim<\/h2>\n

Several mistakes can make a fall claim harder to prove or resolve.<\/p>\n