Slip, Fall & Premises Liability

What do I have to prove in a Florida slip and fall?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
That a dangerous condition existed, that the business knew or should have known, that it failed to act, and that this caused your injury.

Four elements.

A dangerous condition. A transitory foreign substance — a spill, liquid, food, debris — or another hazard.

Notice. Actual or constructive knowledge. This is where these cases are won and lost, and it's the element added by statute in 2010 that made Florida cases harder.

Failure to remedy or warn. That the business didn't clean it up, block it off, or warn about it within a reasonable time.

Causation and damages. That the condition caused your fall and your injuries.

Comparative fault applies. The defense will argue you should have seen it, that you were on your phone, or that your footwear was inappropriate. Any percentage assigned reduces recovery, and above 50 percent it eliminates it.

What the evidence looks like. Surveillance footage, inspection and sweep logs, employee testimony, incident reports, and — for the regularity route — prior incidents at the same location.

Notice is the whole fight. Everything else is usually straightforward. ---

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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.