Slip, Fall & Premises Liability

I fell in a store — do I have a case?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
Falling and being hurt isn't enough. You must prove the business knew or should have known about the hazard.

This surprises almost everyone. A store isn't automatically responsible because you fell on its floor.

What Florida requires. You must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action.

Actual knowledge means someone at the business knew — an employee saw the spill, a customer reported it.

Constructive knowledge means they should have known, provable two ways: the condition was there long enough that a reasonably careful business would have found it, or the condition occurred with regularity and was therefore foreseeable.

That second route matters and it's underused. It doesn't require proving how long the spill sat. A recurring problem — a cooler that leaks, an entrance that floods when it rains, a produce aisle with regular drops — can establish knowledge without any timeline.

What isn't enough by itself: that a substance was on the floor, that you fell, and that you were injured.

The question isn't whether you fell. It's what they knew, and there are two ways to show it. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.