Slip and fall accidents are among the most common causes of serious injuries in Florida—especially in grocery stores, apartment complexes, hotels, and shopping centers. But not every fall leads to a valid legal claim. To recover compensation, the injured person usually must prove that a dangerous condition existed and that the property owner failed to address it as required by Florida law.
So what exactly counts as a “dangerous condition” in a Florida slip and fall case?
What Is a Dangerous Condition Under Florida Law?
A dangerous condition is a property hazard that presents an unreasonable risk of harm to people lawfully on the premises. In slip and fall cases, this often involves conditions that make walking surfaces unsafe and increase the risk of losing balance or traction.
Under Florida premises liability law, property owners and occupiers have a duty to maintain their property in a reasonably safe condition and to warn visitors of known dangers that are not open and obvious.
Common Examples of Dangerous Conditions in Florida Slip and Fall Cases
Dangerous conditions can arise in many ways. Common examples include:
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Wet or slippery floors from spills, leaks, or recent mopping
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Uneven pavement or cracked sidewalks
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Loose floor mats or rugs
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Broken or missing handrails on stairs
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Poor lighting in hallways, stairwells, or parking garages
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Potholes or uneven surfaces in parking lots
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Grease or food debris in grocery stores or restaurants
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Water accumulation from rain near entrances without warning signs
These hazards are especially common in high-traffic areas where spills or wear and tear are foreseeable.
Transitory Foreign Substances and Florida Statute § 768.0755
Many Florida slip and fall cases involve transitory foreign substances, such as spilled liquids or dropped items in a store. Florida Statute § 768.0755 requires the injured person to prove that the business establishment had actual or constructive knowledge of the dangerous condition and failed to correct it.
Constructive knowledge may be shown by evidence that:
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The condition existed for such a length of time that the business should have discovered it, or
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The condition occurred regularly and was therefore foreseeable.
Surveillance video, inspection logs, and witness testimony are often critical in proving these elements.
Open and Obvious Conditions: Do You Still Have a Case?
Property owners often argue that the dangerous condition was “open and obvious.” While this defense can reduce liability, it does not automatically bar a claim under Florida law.
Even if a hazard is visible, property owners may still be liable if they should have anticipated that the condition posed a danger or that visitors would be distracted or unable to avoid it.
When Is a Property Owner Legally Responsible?
To establish liability in a Florida slip and fall case, the injured person generally must show:
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A dangerous condition existed on the property
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The property owner knew or should have known about it
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The owner failed to fix the condition or provide adequate warning
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The dangerous condition caused the fall and resulting injuries
Medical records, photographs, incident reports, and expert testimony can play a key role in proving these elements.
Injuries Commonly Caused by Dangerous Conditions
Slip and fall accidents can lead to serious injuries, including:
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Broken bones and fractures
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Head and traumatic brain injuries
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Back and spinal injuries
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Torn ligaments and soft-tissue damage
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Hip fractures, especially in older adults
These injuries often require extensive medical treatment and may result in long-term disability.
What to Do After a Slip and Fall in Florida
If you are injured in a slip and fall accident:
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Report the incident immediately
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Take photographs or video of the hazardous condition
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Obtain names of witnesses
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Seek medical attention promptly
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Avoid giving recorded statements to insurance companies without legal advice
Final Thoughts
A dangerous condition is the foundation of any Florida slip and fall claim. Understanding what qualifies—and how property owners are expected to respond—can make the difference between a successful case and a denied claim. Because these cases often turn on evidence that can disappear quickly, speaking with a Florida personal injury attorney early is critical.
Have you or someone you know been injured as a result of a slip and fall? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
