What Florida Statute 768.0755 Requires You to Prove After a Grocery Store Slip

Slipping in a grocery store does not automatically mean the store is responsible under Florida law. Under Fla. Stat. § 768.0755, you must prove the store either knew about the dangerous substance on the floor or should have known about it and failed to clean it up. This means showing actual knowledge, an employee saw or created the hazard, or constructive knowledge, which can be shown in two ways: the spill sat there long enough that a reasonable store would have discovered it, or the same type of hazard happened so often that the store could have predicted it. Without one of those showings, the store generally owes you nothing even if you were seriously hurt.

What does ‘transitory foreign substance’ actually mean under § 768.0755?

Fla. Stat. § 768.0755 applies only to a “transitory foreign substance”, a temporary, movable hazard that does not belong on the floor. This includes things like water from produce misters, meltwater from seafood ice beds, leaking freezer cases, or rain tracked in during Miami-Dade’s summer thunderstorms. The key word is transitory: it must be something out of place and short-lived, not a permanent part of the building. Hazards such as broken tiles, loose floor mats, or fallen displays may fall outside this statute and be governed instead by common-law premises liability, depending on the facts. Section 768.0755(2) makes clear it adds a proof requirement but does not eliminate other duties the store may owe under general negligence law.

What is actual knowledge and how do you prove the store knew?

Actual knowledge means a store employee saw the spill, was told about it, or caused it through their own actions. In Hialeah grocery stores, this could include a produce clerk who runs misters and watches puddles form but places no warning sign, a seafood worker who knows meltwater pools daily under the ice bed, or a manager who received a customer complaint about a leaking freezer before someone fell. If you can show actual knowledge, you do not need to prove how long the substance was there. Many people assume a puddle alone proves negligence, but Florida law focuses on whether the store knew or should have known, not just that a spill existed.

How do you prove the store should have known, the ‘long enough’ test under § 768.0755(1)(a)?

Under Fla. Stat. § 768.0755(1)(a), constructive knowledge can be shown if the substance was on the floor long enough that a careful store should have found it. But courts require more than just the presence of liquid: you need “plus factors” showing it had been there awhile. Examples include shopping cart tracks through the spill, footprints, discoloration from dirt, dried edges with a wet center, or thawed food indicating time passed. In Hialeah stores, this might be meltwater with multiple boot prints, a freezer leak spread across several tiles with dry edges, or a mister puddle crossed by cart wheels. Surveillance video is critical here, but stores can overwrite footage within days, so acting fast to send a preservation letter matters. Sweep logs showing no inspections before your fall also help support this claim.

How do you prove the store should have known, the ‘regular and foreseeable’ test under § 768.0755(1)?

The second path to constructive knowledge under Fla. Stat. § 768.0755(1) does not require proving how long the specific spill sat on the day you fell. Instead, you show the same type of hazard occurred regularly and was therefore foreseeable. In Hialeah, this could mean puddles forming predictably under timed produce misters, rainwater tracked daily through entrances during summer storms, or a known leaking freezer seam. Evidence includes prior incident reports from the same spot, maintenance requests for the same equipment, or internal logs noting recurring problems. Once a lawsuit is filed in Miami-Dade Circuit Court, these records can often be obtained through discovery. This route shifts focus from timing on one day to patterns the store ignored over time.

How do comparative fault and the two-year deadline affect your grocery store claim?

Florida uses modified comparative negligence under Fla. Stat. § 768.81. If a jury finds you 30 percent at fault, for example, because you were looking at your phone, your recovery is reduced by 30 percent. But if you are found more than 50 percent at fault, you recover nothing. Insurers often argue you ignored a wet-floor sign or weren’t paying attention to push your fault above that threshold, especially after the 2023 tort reform. Separately, under Fla. Stat. § 95.11, you have two years from the date of injury (for incidents on or after March 24, 2023) to file a lawsuit in Miami-Dade Circuit Court. Waiting too long risks losing your claim forever, and waiting even a few days can mean losing surveillance video or other key evidence.

Where can I read the plain-English overview of suing a Florida supermarket?

This article explained what Fla. Stat. § 768.0755 requires you to prove, actual or constructive knowledge of a transitory foreign substance. For a broader look at whether your case has merit, including how injuries, evidence, and insurance play into a possible lawsuit, read our companion piece: Slipped in a Florida supermarket: can you sue the store?.

Frequently asked questions

Does a puddle on the grocery store floor automatically mean the store is negligent?
No. Under Florida law, a puddle alone is not enough. You must prove the store knew or should have known about the substance and failed to clean it up or warn customers.

What is a ‘plus factor’ and why do I need one to prove my slip-and-fall case?
A plus factor is circumstantial evidence, like footprints, discoloration, or dried edges, that shows the spill was not fresh. When you rely on how long the spill was there, courts generally require it because the mere presence of liquid does not prove the store had enough time to discover and fix the hazard.

Can I still recover if the grocery store says I should have watched where you were walking?
Yes, as long as a jury does not find you more than 50 percent at fault. Your recovery will be reduced by your share of fault, but you are not barred unless your responsibility exceeds half.

How long do I have to file a lawsuit after slipping in a Hialeah grocery store?
For injuries on or after March 24, 2023, you have two years from the date of the incident to file a lawsuit in Miami-Dade Circuit Court. Missing this deadline means losing your right to compensation permanently.

Does it matter that the grocery store put out a wet-floor sign near where I fell?
It can matter, but not always. A sign may show the store took reasonable steps, but if the sign was poorly placed, hidden, or unrelated to the actual spill, it may not protect them. The key is whether the store acted reasonably under the circumstances.

Related reading: The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837 · The driver who hit me in Hialeah has no insurance. What now?

Hurt in an accident in Hialeah? Call Wolfson & Leon at (305) 285-7071 for a free consultation. We speak Spanish, and there is no fee unless we win.