Can A Store Be Liable for a Customer’s Fall Injury In Florida?

Is a store liable for a customer injury? The answer depends on whether the store knew (or should have known) about the dangerous condition that caused your fall. Florida law sets a high bar for proving retail store negligence, requiring you to show the business had actual or constructive knowledge of the hazard before you can recover compensation.

If you fell at a store in Florida, understanding what happens when you are injured in a store and what you need to prove is critical to protecting your rights.

Our experienced Winter Haven personal injury lawyers can help.

Florida’s premises liability law for business customers

When you enter a store as a customer, Florida law classifies you as a “business invitee.” This status entitles you to the highest duty of care from the property owner. The store must:

• Maintain the premises in a reasonably safe condition
• Correct dangerous conditions they know about or should discover through reasonable inspections
• Warn customers of concealed dangers that aren’t obvious

This duty of care extends to all areas where customers are invited, including aisles, checkout areas, restrooms and parking lots.

The key statute: Florida Statute § 768.0755

Florida Statute § 768.0755 governs slip and fall cases involving “transitory foreign substances” in business establishments. A transitory foreign substance is any liquid or solid item located where it doesn’t belong (spilled soda, dropped food, tracked-in water, etc.).

Under this statute, if you fell at a store due to a foreign substance, you must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to fix it.

Actual knowledge

Actual knowledge means the store directly knew about the hazard. This occurs when:

• A store employee created the dangerous condition (mopped the floor without warning signs)
• An employee witnessed the hazard and didn’t address it
• A customer reported the spill or hazard to staff
• The store’s own policies or procedures created the danger

Proving actual knowledge often requires witness testimony, incident reports or surveillance footage showing employees were aware of the hazard.

Constructive knowledge

Constructive knowledge is harder to prove. Florida Statute § 768.0755 allows you to establish constructive knowledge through circumstantial evidence showing either:

1. The dangerous condition existed long enough that the store should have discovered it through reasonable care, OR
2. The condition occurred with regularity and was therefore foreseeable

Florida courts look at the condition’s appearance. Evidence like dirt tracked through a spill, footprints, scuff marks or debris suggests the hazard was there long enough for staff to find it during routine inspections. A fresh spill with no signs of age typically won’t establish constructive knowledge.

Common types of retail store negligence

Stores can be liable for various hazardous conditions beyond slip and fall accidents:

Wet or slippery floors from spills, cleaning, tracked-in rain or leaking refrigeration units create fall risks. Stores must clean spills promptly and use warning signs during cleaning.

Cluttered aisles with merchandise, boxes or stock carts obstructing walkways can cause trip and fall injuries. Stores must keep aisles clear and properly organize inventory.

Defective flooring including torn carpeting, broken tiles, warped floors or uneven surfaces poses serious hazards. Regular maintenance prevents these conditions.

Poor lighting in parking lots, stairwells or store areas makes it difficult to see hazards and increases fall risk.

Falling merchandise from improperly stacked shelves or unstable displays can cause serious head injuries.

Inadequate security may create liability if the store knew about criminal activity on the premises and failed to take reasonable protective measures.

What you must prove for a successful claim

To recover compensation after you fell at a store, you need to prove four elements:

1. The store owed you a duty of care. As a customer, you’re a business invitee entitled to the highest duty of care. This element is usually straightforward.
2. The store breached this duty. You must show the store failed to maintain safe conditions, didn’t warn you of known hazards, or failed to conduct reasonable inspections.
3. The breach caused your injury. Your fall must have resulted directly from the store’s negligence, not from your own carelessness or an unavoidable accident.
4. You suffered damages. You need documented injuries and losses (medical bills, lost wages, pain and suffering).

The hardest element is typically proving the store’s knowledge of the hazard under Florida Statute § 768.0755.

Evidence that strengthens your case

The moments after a fall are critical for building your case:

Document the scene immediately. Take photos or video of the hazard, surrounding area and your injuries. Capture the substance’s appearance (dirty, tracked through, old-looking versus fresh).

Get witness information. Store customers and employees may have seen the hazard before your fall or witnessed the accident. Collect names and contact information.

Report the incident. Notify the store manager and insist they create an incident report. Request a copy for your records.

Preserve physical evidence. Keep the shoes and clothing you wore during the fall. They may contain residue from the substance that caused the fall.

Seek medical attention immediately. Even if injuries seem minor, get examined. Medical records linking your injuries to the fall are essential for your claim.

Request surveillance footage. The attorneys at JustCallMoe can send a preservation of evidence letter requiring the store to save relevant footage before it’s deleted.

Florida’s comparative negligence rule

Under Florida Statute § 768.81(6), if you’re more than 50% responsible for your fall, you can’t recover any compensation. If you’re 50% or less at fault, your recovery is reduced by your percentage of responsibility.

Stores often argue the hazard was “open and obvious” and that you should have seen and avoided it. This defense doesn’t automatically bar recovery, but it can reduce your compensation if the jury finds you partially at fault.

For example, if your total damages are $100,000 and you’re found 30% at fault, you’d recover $70,000. If you’re found 60% at fault, you recover nothing.

Time limits for filing your claim

Florida law gives you two years from the date of injury to file a lawsuit against the store. This statute of limitations was recently reduced from four years in March 2023.

Two years may sound like plenty of time, but evidence disappears quickly. Surveillance footage gets deleted, witnesses forget details and stores clean or repair the hazard. The sooner you act, the better your chances of preserving critical evidence.

What happens when you are injured in a store

After you fell at a store, here’s what typically happens:

Immediate aftermath: Store management will likely ask you to fill out an incident report and may offer first aid. Be cautious about what you say. Don’t admit fault or downplay your injuries.

Insurance claim: The store’s liability insurance will investigate your claim. An adjuster may contact you for a recorded statement. You’re not required to give one without an attorney present.

Medical treatment: Seek immediate medical care. Follow all treatment recommendations and attend follow-up appointments. Gaps in treatment hurt your claim.

Settlement negotiations: The insurance company may make an early settlement offer. These initial offers are typically far below what your case is worth.

Frequently asked questions about store liability in Florida

What if the store claims they didn’t know about the hazard?

Under Florida Statute § 768.0755, they must have either actual or constructive knowledge. If the hazard existed long enough that reasonable inspections should have discovered it, or if it occurred regularly and was foreseeable, the store can still be liable even if they claim ignorance.

Can I sue if I slipped on something I dropped?

Probably not. If you created the hazard yourself, the store isn’t liable. However, if the store’s negligence contributed (poor lighting or wet floors), you may still have a claim subject to comparative negligence.

What if there was a wet floor sign but I didn’t see it?

Warning signs can reduce or eliminate store liability, but placement matters. If the sign was poorly positioned, inadequate for the hazard’s size, or blocked from view, you may still have a valid claim.

How much is my store injury case worth?

Case value depends on injury severity, medical expenses, lost wages, pain and suffering and the strength of evidence showing store negligence. Minor injuries typically settle for thousands, while serious injuries requiring surgery can be worth hundreds of thousands or more.

Do I need a lawyer for a store injury claim?

Florida’s premises liability law is complex, especially proving knowledge under Florida Statute § 768.0755. Insurance companies use this complexity to deny valid claims. The attorneys at JustCallMoe handle the investigation, evidence preservation and negotiations so you can focus on recovery.

Get help after a fall injury at a Florida store

If you fell at a store in Florida, the store’s insurance company will work to minimize or deny your claim. They’ll argue the store didn’t have knowledge of the hazard, that you were careless, or that your injuries aren’t serious.

You need attorneys who understand Florida’s strict premises liability laws and know how to prove retail store negligence. The attorneys at JustCallMoe handle slip and fall cases throughout Florida. We know how to investigate these accidents, gather the evidence needed to prove store knowledge and fight for maximum compensation.

Injured on the go? Contact JustCallMoe today for a free consultation. We have offices in Orlando, Tampa, Palm Beach Gardens and Rockledge serving clients throughout Florida. We work on a contingency fee basis, which means no fee unless we win.

Call today to discuss your store injury case with our experienced attorneys.