I fell in a store in Hialeah. Can I make a claim?
You can make a claim if the business or property owner knew, or should have known, about the hazard that made you fall and did not fix it or warn you. For a slip on a liquid or other substance in a business, Florida law (Fla. Stat. § 768.0755) requires you to prove the business had actual or constructive knowledge of it, meaning it was there long enough that they should have found it, or it happened regularly. Report the fall to the manager, photograph the spot, and see a doctor the same day.
Wolfson & Leon has handled slip and fall and premises liability cases in Miami-Dade County since 1963. The consultation is free, in English or Spanish, and there is no fee unless the firm recovers money for you.
What do I have to prove in a Florida slip and fall case?
Three things. First, that a dangerous condition existed: a wet floor, a broken tile, an unmarked step, poor lighting, a pothole in the parking lot. Second, that the owner or business knew about it or should have known: it was there long enough, or an employee created it, or the same problem kept happening. Third, that the condition caused your fall and your injuries. For a "transitory foreign substance" in a business, such as water, oil, or produce on the floor, Fla. Stat. § 768.0755 puts the burden squarely on you to prove that knowledge, so evidence gathered in the first days matters more than in almost any other kind of case.
What should I do right after falling in a store?
- Report it to a manager and ask them to write an incident report. Get the manager's name. Do not sign anything except an acknowledgment that you reported it.
- Photograph the exact spot before it is cleaned up: the substance, the lighting, the absence of a warning sign, your shoes.
- Get names and phone numbers of anyone who saw you fall or saw the hazard before you fell. Independent witnesses are the strongest evidence of how long a hazard was there.
- See a doctor the same day, and tell them exactly how you fell. Delayed treatment is the first thing an insurer points to.
- Keep the shoes and clothes you were wearing, unwashed.
- Do not give a recorded statement to the store's insurance company before talking to a lawyer.
Does the store have video of my fall?
Almost always, and it is usually overwritten within 30 days unless someone asks for it in writing. Supermarkets, pharmacies, and big-box stores in Hialeah run continuous surveillance. The footage shows not just your fall but how long the hazard was there and whether employees walked past it, which is exactly what Fla. Stat. § 768.0755 requires you to prove. Wolfson & Leon sends a preservation letter to the business as soon as it is retained. Waiting weeks to call a lawyer can mean the video is gone.
What if I fell at my apartment building or a friend's house?
A landlord must keep common areas such as stairs, walkways, parking lots, and pool decks reasonably safe and must fix known dangers within a reasonable time. Falls on broken stairs, unlit walkways, and cracked pool decks at Hialeah apartment complexes are common cases. A homeowner owes guests a duty to warn of dangers the owner knows about that the guest would not notice; the claim runs against the homeowner's insurance, not the friend personally.
How long do I have to file a slip and fall lawsuit in Florida?
Two years from the date of the fall for injuries on or after March 24, 2023 (Fla. Stat. § 95.11). If the fall was on government property, such as a Hialeah park, a Miami-Dade County building, or a public school, you must send a written notice to the agency and the Department of Financial Services before suing (Fla. Stat. § 768.28(6)), and the deadlines are shorter and stricter.
What compensation can I recover after a fall?
After a fall caused by a property owner's negligence you can recover medical bills, lost wages, and pain and suffering; there is no PIP and no permanent-injury threshold in a premises case, so pain and suffering is available for any injury the owner's negligence caused. The recovery is reduced by any share of fault a jury assigns to you under Fla. Stat. § 768.81 and barred if that share exceeds 50%. Commercial properties in Hialeah, supermarkets, pharmacies, restaurants, apartment complexes, generally carry liability policies with real limits, so in most fall cases the limiting factor is proof of the owner's knowledge under Fla. Stat. § 768.0755, not the insurance.
What mistakes hurt a slip and fall claim in Florida?
- Not reporting the fall to a manager the same day. Without a report, the store will say it never happened there.
- Waiting weeks to call a lawyer. Surveillance video, the only proof of how long the hazard existed, is usually overwritten within about 30 days.
- Giving the store's insurer a recorded statement about "not looking where you were going."
- Washing or discarding the shoes you wore; footwear is a standard defense argument.
- Signing an incident report that describes the fall in the store's words. Sign only an acknowledgment that you reported it.
- Delaying treatment. Same-day medical records connect the injury to the fall; a week's gap invites doubt.
Key facts
- For a slip on a substance in a business, you must prove the business had actual or constructive knowledge of it. Source: Fla. Stat. § 768.0755
- Constructive knowledge can be shown by how long the condition existed or by the condition occurring with regularity. Source: Fla. Stat. § 768.0755(1)
- If you are more than 50% at fault for the fall, you recover nothing. Source: Fla. Stat. § 768.81(6)
- Two years to file a negligence lawsuit for falls on or after March 24, 2023. Source: Fla. Stat. § 95.11
- Claims against a city, county, or the state require written pre-suit notice. Source: Fla. Stat. § 768.28(6)
Frequently asked questions
The store manager said it was my fault for not looking. Does that end it?
No. What the manager says at the scene is not a legal finding. Whether the hazard was open and obvious, and how much fault, if any, is yours, is decided on the evidence. Comparative fault reduces recovery; it bars it only above 50%.
I did not report the fall when it happened. Can I still make a claim?
You can, but it is harder, and you should report it now, in writing, and see a doctor if you have not. The sooner the store is on notice, the sooner video and witness evidence can be preserved.
There was a "wet floor" sign nearby. Does that mean I lose?
Not necessarily. A sign has to be placed where a reasonable person would see it before reaching the hazard, and a sign does not excuse leaving a spill on the floor for a long time. Where the sign was, and when it was put there, is often shown on the video.
What is my slip and fall case worth?
It depends on the injury, the treatment, whether it is permanent, your lost income, and how strong the evidence of the store's knowledge is. Wolfson & Leon cannot promise a number, and no honest lawyer can at a first call.
What happens when you call
A person answers, not a recording
Call (305) 285-7071 any time. A person from the firm picks up, in Spanish if you prefer. If it is the middle of the night, we take your details and an attorney calls first thing.
We ask what happened, about 15 minutes
When and where it was, whether you were treated, whether there is a police report, and whether an insurer has already called you. You do not need papers in front of you.
We tell you honestly whether we can help
If you have a case we can take, we explain the next steps and what not to do in the meantime. If you do not, we tell you that too, and who else to call.
If you hire us, you pay nothing up front
The fee is a percentage of what is recovered, explained in writing before you sign. If we recover nothing, you owe no fee. We can come to your home or the hospital if you cannot get to the office.
