Premises Liability, Slip and Fall, and Trip and Fall Claims in Florida

Serving Volusia, Flagler, Orange, Seminole, Lake, Brevard, and St. Johns Counties

Florida law requires property owners and occupiers to maintain their premises in a reasonably safe condition. When they fail to do so, visitors can suffer serious injuries. My Affordable Attorney represents clients who have been hurt in slip and fall and trip and fall incidents across Central and Northeast Florida, including communities such as DeLand, Edgewater, Pierson, Port Orange, Palm Coast, Lake Mary, Sanford, Bunnell, and Titusville. Our firm offers free consultations and a transparent twenty‑five percent flat fee structure, so injured Floridians receive experienced counsel without sacrificing a large share of their recovery.

What Is Premises Liability?

Premises liability is a branch of negligence law that holds property owners, managers, and tenants responsible for unsafe conditions on the property. These claims arise in many settings, including grocery stores, apartment complexes, parking lots, construction sites, and private residences. They typically involve hazardous surfaces or hidden defects that cause a visitor to slip, trip, or fall.



Florida’s Statutory Framework

Florida Statute 768.0755 governs injury claims involving “transitory foreign substances” on the floors of business establishments. An injured person must prove that the owner had actual notice of the dangerous condition, or that the condition existed long enough for the owner to have constructive notice and to have taken action to remedy it. Evidence establishing constructive notice may include the nature of the hazard, the length of time it was present, and prior similar incidents.

Common Hazards Leading to Slip and Fall or Trip and Fall Injuries

• Liquids, grease, or debris on supermarket aisles

• Uneven sidewalks, cracked pavement, or potholes in parking lots

• Torn or bulging carpeting in apartment hallways

• Poor lighting that obscures steps, ramps, or curbs

• Missing handrails on staircases

• Cords or hoses stretched across walkways



• Loose mats or rugs without non‑skid backing
  

Elements of a Successful Premises Liability Claim

Duty of Care – The owner owed a duty to maintain reasonably safe premises for the visitor’s status as an invitee, licensee, or, in limited circumstances, a trespasser.

Breach of Duty – The owner failed to correct or warn of a dangerous condition that the owner knew or should have known existed.

Causation – The hazardous condition directly caused the visitor’s injury.

Damages – The visitor sustained compensable losses, including medical expenses, lost income, and pain and suffering.



Steps to Take After a Slip or Trip and Fall

• Seek immediate medical attention.

• Report the incident to the property manager and request a written report.

• Photograph the scene, the hazard, and any visible injuries as soon as possible.

• Preserve footwear and clothing that may contain evidence of the substance or defect.

• Obtain contact information for witnesses.

• Consult an attorney before speaking to any insurance adjuster.

Defenses You Should Anticipate

Property owners and insurers frequently assert that the hazard was “open and obvious” or that the injured person was comparatively negligent. Early investigation, scene preservation, witness statements, and expert testimony are critical to counter these defenses.



Defenses You Should Anticipate

Property owners and insurers often raise defenses to avoid paying full compensation. Understanding these arguments early allows for more effective case preparation. Common defenses include:

Open and Obvious Condition
Owners may argue that the hazard was clearly visible and should have been avoided by any reasonable person. While not a complete bar to recovery, it can reduce damages if accepted by the court.

Comparative Negligence
Florida follows a modified comparative negligence rule. If you are found partially at fault, your damages will be reduced. If you are more than 50 percent at fault, you may recover nothing.

Lack of Notice
Under Florida Statute 768.0755, business owners are only liable if they had actual or constructive notice of the dangerous condition. If the hazard appeared suddenly or was not present long enough to be discovered, liability may be denied.

No Dangerous Condition or Duty

A property owner may claim that no hazardous condition existed, or that no duty was owed based on the visitor’s status (e.g., trespasser or someone in a restricted area).

Evidentiary and Procedural Defenses
Defendants may challenge your credibility, claim that evidence was lost or not preserved (such as photographs or witness contact information), or argue that delays in reporting weaken your case.

These defenses highlight the importance of quick investigation, evidence collection, and legal guidance immediately following an incident.

Damages Available

If you are injured due to a property owner’s negligence, Florida law allows recovery for both economic and non-economic damages. These may include:

Medical Expenses
Compensation may cover emergency care, surgery, physical therapy, and future medical needs related to the injury.

Lost Wages and Earning Capacity
You may recover income lost while unable to work, as well as compensation for reduced earning potential if the injury causes long-term limitations.

Pain and Suffering
This includes physical pain and the loss of comfort or mobility due to the injury.

Emotional Distress
Accidents may lead to anxiety, depression, or loss of confidence, particularly among older adults or those with preexisting conditions.

Loss of Enjoyment of Life
If the injury limits your ability to participate in daily activities, hobbies, or family life, compensation may be available.

Out-of-Pocket Costs
You may recover for transportation to medical visits, assistive devices, medications, or home modifications needed because of the injury.

In severe cases involving permanent harm or egregious conduct by the property owner, additional damages may be available.



Service Areas Highlight

Our firm delivers personalized representation to clients in both major cities and smaller towns that larger firms often overlook, including:

• DeLand, Deltona, and Orange City

• Ormond Beach and Holly Hill

• New Smyrna Beach and Edgewater

• Palm Coast, Flagler Beach, and Bunnell

• Sanford, Lake Mary, and Altamonte Springs

• Apopka, Eustis, Tavares, and Mount Dora

• Titusville, Cocoa, and Merritt Island

By focusing on these communities, we ensure prompt scene inspections, local witness interviews, and familiarity with area courts.'



Why Choose My Affordable Attorney?

Focused Experience – Our practice is dedicated to personal injury, including premises liability.

Transparent Fees – Twenty‑five percent flat fee representation. No surprises.

Statewide Reach with Local Insight – We routinely appear in courts throughout Volusia, Flagler, Orange, Seminole, Lake, Brevard, and St. Johns Counties, as well as smaller communities such as DeBary, Holly Hill, New Smyrna Beach, and Leesburg.

Flexible Availability – We accept calls and emails twenty‑four hours a day, seven days a week, and can schedule same‑day appointments.

Bilingual Service – Spanish translation is available upon request.

Speak With an Attorney Today

If you or a loved one has suffered a slip and fall or trip and fall injury, do not wait. Evidence can disappear quickly, and statute of limitations imposes strict deadlines. Call or email now for a free consultation. Our team is ready to explain your rights, investigate your claim, and pursue the compensation you deserve.