The questions Florida, Texas, and Arizona slip and fall victims ask us most - answered plainly. If yours isn't here, call us. It's always free.
What do I need to prove to win a slip and fall case in Florida?
Under Florida Statute § 768.0755, you must prove two things: (1) the property owner had actual or constructive knowledge of the hazardous condition, and (2) that hazard caused your fall and injuries. Constructive knowledge means the condition existed long enough that a reasonable inspection should have found and fixed it. This is where most Florida slip and fall cases are won or lost - and why the store's inspection logs are so critical.
Does a wet floor sign mean I automatically lose my case?
No. A wet floor sign does not automatically end your claim. The sign must have been visible, properly placed near the actual hazard, and positioned before you entered the area. If it was around a corner, blocked by a display, placed after your fall, or if the hazard extended well beyond the sign's location, the store can still be liable. Every situation is different and worth a free evaluation.
How do I prove the spill had been there long enough to make the store responsible?
Evidence of duration includes: dried or spreading edges around the spill, dirt or footprints tracked through the liquid, the store's own inspection logs showing no recent check of that area, witness accounts of seeing the hazard before your fall, and surveillance footage showing the spill was present before you arrived. We know exactly what to demand through discovery to build this evidence.
What if I slipped on a floor that was just mopped?
When a store employee creates the hazard - by mopping and leaving the floor wet without proper warning - the store has direct knowledge of the dangerous condition. This is actually one of the stronger slip and fall fact patterns. The key issues are whether adequate, visible wet floor signs were placed and whether the area was cordoned off or an alternative route was made available to customers.
What if I slipped in a Walmart, Target, or Publix parking lot?
Retailers are responsible for safe conditions in their parking lots, walkways, and entryways - not just inside the store. Potholes, uneven pavement, broken curb cuts, inadequate lighting, and predictably pooling standing water are all valid bases for a premises liability claim. The same knowledge standard applies: the store must have known or should have known about the condition through reasonable maintenance.
The store says I was distracted. Can they use that against me?
They can try. Florida's modified comparative negligence rule means your recovery is reduced by your percentage of fault - and if you are found more than 50% at fault, you cannot recover at all. Retailers routinely allege distraction or inappropriate footwear. Our job is to counter that narrative with evidence that the hazard was the primary cause and that a reasonable, attentive shopper would have had no warning it was there.
I didn't file an incident report before I left the store. Is my case over?
No - but act quickly. The absence of an incident report is a hurdle, not a death sentence for your claim. Same-day medical records, photographs, witness statements, and surveillance footage can all establish that the fall occurred. Contact us immediately - the longer you wait, the more evidence disappears, particularly surveillance footage which is overwritten within 30 to 72 hours.
How quickly does surveillance footage disappear?
Most large retailers overwrite surveillance footage on a rolling cycle of 30 to 72 hours. Some systems overwrite faster. Once it is gone, it cannot be recovered. The moment we are retained, we send formal preservation demand letters to the store creating a legal obligation to preserve the footage. If a store destroys evidence after receiving that demand, that destruction itself becomes powerful evidence against them in litigation.
Can I sue a restaurant, hotel, or apartment complex for a slip and fall?
Yes. The same premises liability principles that apply to retail stores apply to restaurants, hotels, gyms, theme parks, office buildings, apartment complexes, and any property open to the public or to invited guests. Property owners and occupiers have a legal duty to maintain reasonably safe conditions. Florida, Texas, and Arizona all recognize this duty.
What injuries from slip and falls typically result in higher settlement values?
Cases involving the following generally carry higher value: hip fractures (especially in older adults), vertebral and wrist fractures, traumatic brain injuries from hitting the floor or a fixture, torn knee ligaments, herniated discs requiring surgery, and injuries causing permanent disability or disfigurement. The impact on your ability to work and perform daily activities is a major driver of settlement value.
How long do I have to file a slip and fall lawsuit in Florida?
For incidents occurring on or after March 24, 2023, Florida's statute of limitations for negligence claims - including slip and fall - is two years from the date of your fall. The prior four-year window no longer applies. Missing this deadline permanently bars your right to compensation regardless of how strong your case is.
What if I can't afford medical treatment while my case is pending?
Many of our clients receive medical care on a medical lien basis - treating providers defer payment until your case resolves, with payment coming from your settlement proceeds. We work with a network of qualified orthopedic specialists, neurologists, and physical therapists who treat injury clients on this basis. You should never delay necessary treatment because of cost concerns while your case is open.
Should I accept the store's or insurer's first settlement offer?
Almost never accept a first offer without consulting an attorney. Large retailers like Walmart, Target, and Publix have experienced in-house claims teams whose job is to close your claim quickly and cheaply. First offers are calculated to do exactly that - before you understand the full value of your injuries. Once you sign a release, your claim is permanently gone. Call us before you sign anything - it's free.
Does DIG Law handle slip and fall cases in Texas and Arizona too?
Yes. We are licensed and actively practicing in Florida, Texas, and Arizona. Premises liability laws differ by state but the core duty - that property owners must maintain reasonably safe conditions for invited guests and customers - exists in all three. Texas and Arizona both carry two-year statutes of limitations for most personal injury claims. Call the office closest to you and we will handle the rest.