Florida Slip and Fall Cases

The §768.0755 standard

Florida Statute §768.0755 governs slip-and-fall cases involving transitory foreign substances — spilled drinks, tracked-in rain, grease, produce, etc. — in business establishments. The injured person must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action.

Constructive knowledge can be shown by evidence that (a) the condition existed long enough that the business should have discovered it, or (b) it occurred with such regularity that it was foreseeable.

Your legal status on the property

• Invitee (customer, guest at a store or restaurant): highest duty — reasonable care to keep the premises safe and to warn of known hazards.
• Licensee (social guest): duty to warn of known dangers not obvious to the guest.
• Trespasser: only a duty not to cause willful or wanton harm — with narrow exceptions for children (the "attractive nuisance" doctrine).

What you have to prove

1. A dangerous condition existed on the property;
2. The owner knew or should have known about it;
3. The owner failed to fix it or warn you;
4. That failure caused your injury;
5. You suffered actual damages.

Evidence that wins these cases

• Incident report — insist one be created and get a copy.
• Photos and video of the exact hazard, from multiple angles, before it's cleaned up.
• Store surveillance footage — request preservation immediately; most systems overwrite in 7 to 30 days.
• Inspection and cleaning logs — often reveal how long the hazard was present.
• Witness names — including employees.
• Footwear you were wearing — the defense will inspect it, so preserve it too.

Comparative fault traps

The defense in slip-and-fall cases almost always argues the hazard was "open and obvious" and that you should have seen it. Under Florida's modified comparative negligence rule, being found more than 50% at fault means you recover nothing. Wet-floor signs, warning cones, and unusual footwear all become battlegrounds.