I Slipped at Someone Else's Store While Working, Can I Sue the Property Owner?

Yes. Workers’ comp from your employer covers your medical bills and lost wages, but it does not protect the property owner where you were hurt. If that owner’s negligence caused your fall, a wet floor, broken loading dock, poor lighting, you can bring a separate premises-liability lawsuit against them at the same time you receive comp benefits.

Why doesn’t my employer’s workers’ comp shield the property owner from a lawsuit?

Workers’ compensation provides a trade-off: you get guaranteed medical and wage benefits without having to prove fault, but in exchange you give up the right to sue your employer for additional damages. That immunity generally protects only your employer. It does not extend to third parties like the owner of a store, warehouse, or retail space where you were working when you fell. This is known as a third-party claim. For example, a delivery driver slipping in the receiving area of a grocery store on Okeechobee Road, a cleaning crew member falling in a Medley warehouse near the Palmetto Expressway, or a merchandiser hurt while stocking shelves, all can pursue the property owner separately. If the property owner is not your employer, it generally gets no protection from your employer’s workers’ comp immunity. The same can apply when the property belongs to a landlord rather than the business you were serving, depending on who controlled the area where you fell.

What do I actually have to prove against the property owner?

To win a premises liability case, you must show four things: the property owner owed you a duty of care, they breached that duty, their breach caused your injury, and you suffered actual damages. As someone on the property for a business purpose, like making a delivery or servicing equipment, you are considered a “business invitee,” which means the owner must keep the premises reasonably safe and fix or warn about hidden dangers. But ownership alone is not enough. You must prove they knew or should have known about the hazard and failed to act. Under Florida law, if you slipped on a spill or other transitory foreign substance, the rules are stricter. Florida Statute § 768.0755(1) requires proof that the business had actual knowledge (an employee saw or was told about it) or constructive knowledge (the condition existed long enough that ordinary care would have discovered it). Circumstantial evidence, such as a large puddle right next to employees who were working nearby, can help show the store should have known about it.

Slipped on a spill inside the business? Here is the specific rule Florida uses.

When your fall involves a liquid, grease, food debris, or any other transitory foreign substance inside a business, Florida Statute § 768.0755(1) controls your case. The mere presence of the substance is not proof of negligence. You must show the business either actually knew about it, such as a worker being told, or should have known through constructive knowledge. Constructive knowledge can be shown two ways: the substance had been there long enough to be discovered through reasonable inspection, or similar spills happened often enough that the business should have anticipated the risk. Circumstantial evidence matters. For example, a large, obvious spill right next to an employee who is restocking shelves may support constructive knowledge even without direct proof of how long it sat. A delivery driver slipping on a puddle from a leaking cooler in a store’s back room on Okeechobee Road could use the same logic if staff had walked past it for hours.

What about broken loading docks, uneven pavement, or bad lighting, does the same rule apply?

No. Florida Statute § 768.0755 applies only to transitory substances like spills. Structural hazards, such as broken dock plates, cracked pavement, dark stairwells, or malfunctioning freight elevators, are governed by general premises liability law. The property owner must maintain these areas in a reasonably safe condition. They also must warn of hidden dangers they know about. However, if a hazard is open and obvious, like a clearly visible gap in a loading dock, they may not need to warn, but they still have a duty to keep the area safe. Who owes the duty can depend on who controls the area: even if a lease assigns maintenance to a tenant, a landlord that controls an area such as a common service corridor may still owe a duty. Examples include technicians in Medley warehouses, delivery drivers using docks along W 49th St, or crews entering poorly lit service areas in Hialeah shopping centers. Your own fault matters too. Under Florida Statute § 768.81, if you ignored clear warnings or acted carelessly, your recovery is reduced by your share of fault, but you only lose your claim entirely if you are more than 50 percent at fault.

What evidence should I collect before I leave the property?

Act fast. Surveillance footage can be recorded over quickly, sometimes within days.

1. Take photos and video of the exact spot where you fell, including the hazard and surrounding area. Include a shoe or water bottle for scale.
2. Report the incident to a manager and ask for a written incident report. If they refuse, write down the manager’s name, time, and that they declined.
3. Get names and phone numbers from every witness, other workers, responding employees, customers.
4. Photograph ceiling or wall-mounted cameras near the scene; note their direction.
5. Send a written preservation demand the same day or next morning via email or certified letter, stating the date, time, location, and requesting all footage from a window before and after the fall.
6. See a doctor right away. Delayed treatment weakens the link between the fall and your injury. Do not give a recorded statement to the property owner’s insurance company until you speak with an attorney.

Is the property owned by the City of Hialeah or Miami-Dade County? You must send written notice first.

If your fall happened on government property, like the Hialeah or Okeechobee Metrorail stations, or inside a City of Hialeah facility, Florida Statute § 768.28(6) requires you to send a written notice of claim before filing a lawsuit. This notice must describe what happened, where, and when, and be delivered to the appropriate government office. Missing this step can end your case, even if it is otherwise strong. Private stores and warehouses do not require this notice, but government-owned transit facilities and municipal buildings do. This requirement is in addition to the standard two-year deadline to file suit under Florida Statute § 95.11, so do not wait. Confirm the correct notice procedure with an attorney right away.

My workers’ comp claim is already open, how does a third-party settlement or verdict affect it?

Your workers’ comp insurer typically has a lien on any money you recover from the property owner. This means they can seek repayment for medical bills and lost wages they already paid. For example, if you received $15,000 in comp benefits after a fall at a warehouse on W 49th St and later settle a third-party claim for $120,000, the comp carrier will assert a lien against that settlement. An experienced attorney can often negotiate a reduction of that lien, increasing your net recovery. Generally, the workers’ comp benefits you received do not lower the damages you can claim from the property owner; the lien is dealt with out of the recovery. Handling both claims together requires coordination between personal injury and workers’ comp law.

Frequently asked questions

I was making deliveries and slipped in the store’s back room, am I considered a ‘business invitee’ who gets the highest protection under Florida law?
Yes. Because you were on the property for a commercial purpose that benefited the business, delivering goods, you are legally a business invitee. Property owners owe invitees the highest duty of care: to keep the premises reasonably safe and fix or warn about hidden dangers.

What if there was no spill, I tripped on a broken dock plate or a dark stairwell. Can I still sue the property owner?
Yes. Florida Statute § 768.0755 only applies to spills or transient substances. Defects like broken metal plates, uneven steps, or poor lighting fall under general premises liability law. You must show the owner knew or should have known about the hazard and failed to repair it or warn you.

How long do I have to file a lawsuit against the property owner where I was hurt on the job?
For injuries that occurred on or after March 24, 2023, you have two years from the date of the fall to file a negligence lawsuit under Florida Statute § 95.11. This deadline applies even while your workers’ comp claim is open.

If I was partly at fault, say, I was distracted or not wearing slip-resistant shoes, can I still recover anything?
Yes, as long as you are not more than 50 percent at fault. Florida uses modified comparative negligence under Florida Statute § 768.81. If you are found 30 percent responsible, your recovery is reduced by 30 percent. Only if you are more than half at fault do you lose your claim entirely.

Will my workers’ comp carrier take money out of whatever I recover from the property owner?
Usually, yes. The carrier typically has a lien for benefits already paid and can seek reimbursement from your third-party recovery. However, an attorney can often negotiate that lien down, so you keep more of the settlement. You do not repay the carrier out of your own pocket, the lien comes from the recovery itself.

Related reading: I fell in a store in Hialeah. Can I make a claim? · 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.