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What to Do After a Slip and Fall in Florida
I Was Hurt in a Slip and Fall, What Should I Do?
After a slip and fall in Florida, three things matter most: getting checked by a doctor, reporting the fall before you leave the property, and photographing the hazard before someone cleans it up or repairs it. Florida law generally requires an injured person to show that the property owner knew, or should have known, about the dangerous condition, and much of that proof can disappear within hours. Use the checklist below to protect both your health and your claim. You can reach our Boca Raton slip and fall lawyer around the clock at 561-221-7474 if you have questions about your own fall.
10 Steps to Take After a Slip and Fall
- Get medical help first. If you hit your head, can’t put weight on a leg, or feel sharp pain in your neck, back or hip, stay still and ask someone to call 911. Standing up too quickly after a hard fall can make some injuries worse.
- Report the fall before you leave. Tell the store manager, property manager, landlord or homeowner what happened, and ask that an incident report be prepared while you are still there. Describe what caused the fall in plain, factual terms. Many businesses won’t hand over a copy, so ask to photograph it, or at least write down the report number and the name of the person who took your information.
- Photograph the hazard before it disappears. Spills get mopped and broken steps get fixed, sometimes within minutes. Take wide shots that show where you fell and close-ups of the liquid, debris or defect. Capture footprints or cart tracks through a spill, dirty or drying edges, a missing wet-floor sign, dim lighting and your visible injuries. Details like these can show how long the hazard was there.
- Get names from witnesses and employees. Collect the names and phone numbers of anyone who saw the fall, along with the names of employees who helped you, cleaned the area or commented on the hazard. A remark such as “that’s been leaking all morning” can matter a great deal later, so write down who said it and when.
- Look for security cameras. Note any cameras that face the area where you fell. Many businesses record over their footage on a routine schedule, which is why a written demand to preserve the video should go out as early as possible.
- Keep your shoes and clothing as they are. Set aside what you were wearing without cleaning it. Insurers frequently blame footwear for a fall, and the shoes themselves, including any residue on the soles, can help answer that argument.
- See a doctor the same day if you can. Concussions, torn ligaments and herniated discs don’t always show themselves right away. Tell the doctor you fell, describe every area that hurts and follow the treatment plan. Long gaps in care are one of the first things an insurer points to when it disputes an injury.
- Watch what you say and sign. At the scene, don’t guess about why you fell or tell anyone you’re fine before a doctor has seen you. Within days, the property owner’s insurer or claims administrator may call. Don’t agree to a recorded interview, sign forms that open up your medical history or cash a settlement check until a lawyer has reviewed your situation.
- Track your recovery and keep it offline. Hold on to every bill, receipt and work note, and jot down each week how the injury limits your daily life. Hold off on posting about your activities, because claims adjusters routinely review public social media profiles.
- Get legal advice early, not at the deadline. Most Florida slip and fall lawsuits must be filed within two years of the fall (§ 95.11(5)(a), Fla. Stat.). Video, witnesses and maintenance records can be gone long before then, so the earlier an attorney looks into what happened, the more evidence there is to work with.
If You Fell in a Store, Supermarket or Restaurant
When a customer slips on a spill, dropped food or another “transitory foreign substance” inside a business, Florida law requires proof that the business had actual or constructive knowledge of the condition and should have fixed it (§ 768.0755, Fla. Stat.). In practice, that usually means showing the hazard sat there long enough to be found or kept happening in the same spot. That is why the details from steps 3 through 5 carry so much weight: tracks through a puddle, a cooler or roof leak that keeps coming back, or an employee who walked past the spill can all help prove notice. In one of our cases, a shopper who slipped in a retail store and needed knee surgery recovered $125,000. Past results do not guarantee a similar outcome.
Large chains also tend to route injury claims through a corporate claims department or an outside administrator, so the call you get after a store fall may not come from the store at all. If you fell at one of Florida’s major retailers, our guides to Publix slip and fall claims, Walmart slip and fall claims, Home Depot slip and fall claims and Lowe’s slip and fall claims cover the issues that come up most often at each chain.
Frequently Asked Questions After a Florida Slip and Fall
Do I need to call the police after a slip and fall?
Usually not. Florida doesn’t require a police report for an ordinary fall, and the incident report prepared by the business or property owner is typically the main record. Call 911 if you need medical help, and call the police if the fall involved a fight, a robbery or another crime on the property.
What if the store won’t give me a copy of the incident report?
That is common. Write down the date and time, the report number if there is one, and the name of the employee who took the report. Before a lawsuit, we send a written demand that the business preserve the report, its video and related records. If the case goes to litigation, we can request those records through discovery.
What if nobody saw me fall?
An unwitnessed fall can still be proven. Video, employee statements, the incident report, your photos, your medical records and your own account are all evidence. People who noticed the hazard before or after your fall can also help show how long it was there, even if they didn’t see you go down.
Who pays my medical bills after a slip and fall?
Florida’s PIP coverage applies to car crashes, not falls. Your health insurance, Medicare or Medicaid will usually pay first, and that payer may have a right to be reimbursed from any recovery. Some business and homeowners liability policies include medical payments coverage that pays a limited amount regardless of fault. When the owner was negligent, its liability insurer can be responsible for your medical bills, lost income and pain and suffering through a settlement or verdict.
Can I still recover if I wasn’t watching where I was going?
Possibly. Insurers often argue that a hazard was open and obvious or that the person who fell was distracted. Under Florida’s comparative fault law, your recovery is reduced by your percentage of fault, and you cannot recover if you are found more than 50% at fault (§ 768.81(6), Fla. Stat.). An obvious hazard also doesn’t automatically excuse an owner from its duty to keep the property reasonably safe.
How long do I have to file a slip and fall lawsuit in Florida?
For falls on or after March 24, 2023, most negligence claims must be filed within two years of the date of the fall (§ 95.11(5)(a), Fla. Stat.). A fall on property owned by a city, county or state agency requires a written notice of claim within three years and follows its own procedures (§ 768.28(6), Fla. Stat.). Wrongful death claims have different rules as well.
What if I fell at a friend’s home or my apartment complex?
A fall at a private home is usually handled through the owner’s homeowners or renters liability insurance, so the claim generally isn’t paid out of your friend’s own pocket. At an apartment or condo community, the landlord, management company or association may be responsible for common areas such as stairways, walkways and parking lots. Report the fall to management in writing, such as by email, so there is a dated record.
Where We Help Slip and Fall Victims in Florida
We are based in Boca Raton and also see clients by appointment in Wellington and Winter Park. If you fell in Boca Raton or elsewhere in southern Palm Beach County, start with our Boca Raton slip and fall practice page. For Wellington, Royal Palm Beach and the western communities, see our Wellington slip and fall lawyer page. For Winter Park, Orlando and the rest of Central Florida, see our Winter Park slip and fall lawyer page. We handle store fall claims across Florida, and if you can’t come to us, we can meet by Zoom or phone and sign documents through DocuSign.
Get Help After Your Fall, 24/7
Call 561-221-7474 to speak with attorney David B. Datny about what happened, start a chat, or read more about how we handle slip and fall cases in Boca Raton. There is no fee unless we win. Spanish-speaking staff are available, and we arrange Creole and Russian translators when needed.