How to Build a Slip and Fall Case in Florida

Florida slip and fall cases are among the most contested types of personal injury claims because of Florida Statute § 768.0755, which requires the injured person to prove the business "had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it." That is a high evidentiary bar — and meeting it requires deliberate, fast work to preserve evidence, document the scene, and develop the testimony that proves notice. This page walks through the building blocks of a winnable Florida slip and fall case.

The Five Things You Have to Prove

1. That you fell on the defendant's property at the time and place alleged
2. That a "transitory foreign substance" (a spill, leak, dropped object, or similar) was the cause of your fall
3. That the property owner had actual or constructive knowledge of the substance
4. That the property owner failed to take reasonable action to remove or warn about the hazard
5. That the fall caused real, documented injuries

Step One — Preserve the Surveillance Video

The single most important step in any Florida slip and fall case is preserving the store's surveillance video. The video usually shows when the spill happened, who walked through it, whether any employee passed by without addressing it, and how long it sat before your fall. The video is the most direct evidence of constructive knowledge.

Most retailers cycle their video on a 14- to 30-day loop. We send a written preservation-of-evidence letter to the property owner within hours of being retained. Failure to preserve the video after receiving such a letter exposes the defendant to spoliation sanctions and a jury instruction allowing inference that the missing video would have helped the plaintiff.

Step Two — Photograph and Document the Scene

If you can do it before leaving the property:

• Photograph the substance on the floor — close-up and from multiple angles
• Photograph the surrounding area, including any warning signs (or absence of them)
• Photograph your clothing and shoes, particularly any wetness or staining
• Photograph any visible injuries
• Note the lighting conditions
• Identify exactly where you fell — by aisle, by reference to fixtures, by distance from the entrance — so video can be located later

Step Three — Get a Written Incident Report

Ask the manager to fill out an incident report and ask for a copy. Most stores will create one but resist providing a copy. Even if they refuse to give you one, the request itself documents the time and place of the fall.

Step Four — Identify Witnesses

Get the names and contact information of:

• Any other customers who saw you fall
• Any other customers who saw the spill before you fell
• Any employees who responded
• Anyone who walked you out of the store

Witness statements taken within days of the fall are far more useful than statements taken months later — memories fade quickly.

Step Five — Get Medical Care Promptly

Defense lawyers will use any delay between the fall and your first medical visit to argue your injuries were caused by something other than the fall. Even if you "feel okay" at the scene, see a doctor within 24–48 hours. Tell the doctor exactly how the fall happened and what hurts. Those medical-record entries are foundational evidence.

Step Six — Constructive Knowledge Evidence

Beyond the surveillance video, constructive knowledge is often built through:

• Sweep logs that show inadequate or fabricated inspection records
• Prior incident reports showing similar falls in the same area
• The physical condition of the substance — was it dirty, with cart tracks through it, suggesting it had been there a long time?
• The temperature of food or beverages spilled (hot vs. cold tells you something about how long it has been on the floor)
• Employee depositions about how often the area is inspected
• Industry-standard testimony about reasonable inspection intervals

Step Seven — Damages Documentation

The settlement value of any slip and fall case is driven heavily by the medical record. Make sure your treating physicians document:

• The mechanism of injury — how the fall happened
• Objective findings — imaging, range-of-motion limitations, neurological testing
• The course of treatment
• Functional limitations
• Prognosis and need for future care
• Whether and to what extent the injury is permanent

Statute of Limitations

For slip and fall injuries occurring on or after March 24, 2023, Florida's statute of limitations is two years from the date of the fall.

If you have been hurt in a slip and fall in Miami-Dade, Broward, or Monroe County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation. The faster we get involved, the more evidence we can preserve.