Personal Injury · Jeff T. Gorman Law Offices

Florida Slip & Fall Attorney
Premises Liability Done Right —
Notice, Negligence, Recovery.

Florida’s slip and fall law is demanding — you must prove the property owner knew or should have known about the hazardous condition. Insurance companies know this standard and use it aggressively to deny claims. Chris Walsh builds premises liability cases that meet the legal standard and hold property owners fully accountable for the injuries they allowed to happen. No fee unless we recover.

Free Consultation Call (772) 888-8888
Surveillance Footage Is Overwritten Quickly — Call (772) 888-8888 Immediately
Christopher Walsh
Christopher Walsh
Trial Attorney · FL Bar #127459
$M+
Recovered for Clients
0
Fee Unless We Recover
4.9★
Google Rating · 260+ Reviews
“Former U.S. Navy combat aviator. I bring the same precision and tenacity to personal injury cases that I brought to the flight deck.”
What Property Owners and Insurers Argue
●They had no actual or constructive knowledge of the hazardous condition — Florida’s statutory notice requirement is their first line of defense
●You were comparatively at fault for your own fall — under HB 837, more than 50% fault bars your recovery entirely
●Your injuries were pre-existing and not caused by the fall — a common insurance defense tactic in premises liability cases
●Surveillance footage has already been overwritten because you didn’t request preservation quickly enough
●The hazard was “open and obvious” and you should have seen it and avoided it

What the Evidence Shows —
and Where It Can Be Challenged

Florida’s slip and fall law was made significantly more difficult for injured people in 2010 when the Legislature enacted Florida Statute §768.0755, requiring proof that the business had actual or constructive knowledge of the dangerous condition. This requirement — combined with the 2023 HB 837 change to modified comparative negligence — means that Florida slip and fall cases require more thorough evidence gathering and stronger legal arguments than ever before. The right attorney makes the difference between a dismissed claim and full recovery.

Chris Walsh handles premises liability cases throughout the Treasure Coast — retail stores, restaurants, grocery stores, hotels, residential properties, parking lots, and commercial facilities. He builds every case from the evidence outward: immediate preservation letters, surveillance footage requests, maintenance log subpoenas, and witness identification — all from the first week of representation.

⚖️ Florida Premises Liability & Slip & Fall Law
Florida Statute §768.0755: in transitory foreign substance cases in businesses, the claimant must prove the business had actual or constructive knowledge of the dangerous condition. Constructive knowledge shown by: the condition existed long enough to be discovered through ordinary care, OR the condition occurred with regularity and was foreseeable. General premises liability (Florida Statute §768.075): duty of care varies by visitor status — invitee, licensee, trespasser. HB 837 (2023): 2-year statute of limitations; modified comparative negligence (more than 50% fault bars recovery). Property owners must maintain safe conditions for all lawful visitors.
Florida Statute §768.0755 (Transitory Foreign Substances) · Florida Statute §768.075 (Premises Liability) · Florida HB 837 (2023 Tort Reform)

How We Fight This Charge

Immediate Evidence Preservation
We send preservation letters to the property owner the same day we are retained, demanding maintenance of all surveillance footage, incident reports, inspection logs, and maintenance records.
Notice Proof
We investigate how long the hazard existed, whether it was a recurring condition, and whether employees were aware — building the constructive knowledge evidence that Florida law requires.
Comparative Fault Defense
We document that the hazard was not open and obvious, that you were exercising reasonable care, and that the property owner’s negligence — not your own conduct — caused the fall.
Prior Incident Research
Prior similar incidents at the same property are powerful evidence of both notice and negligence. We research incident reports and legal records for the property’s history.
Medical Documentation
Complete medical documentation from the date of injury through full treatment is essential to establishing the causal relationship between the fall and your injuries.
Expert Witnesses
We retain safety experts, medical experts, and accident reconstruction professionals when the case requires independent expert opinion to establish liability.
Notable Results
RECOVERED
Grocery Store Slip and Fall · Constructive Notice Established · Full Recovery
SETTLED
Restaurant Premises Liability · Notice Proven · Maximum Settlement
WON AT TRIAL
Slip and Fall · Liability Disputed · Jury Verdict for Client

Past results do not guarantee a similar outcome. Case details available upon request.

Common Questions

Slip & Fall Attorney FAQ

What does Florida require to prove a slip and fall claim? +
Under Florida Statute §768.0755 (enacted 2010), to recover in a slip and fall case involving a transitory foreign substance on a business's floor, the injured person must prove that the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be shown by evidence that the dangerous condition existed for a sufficient amount of time that the business should have discovered it through the exercise of ordinary care, or that the condition occurred regularly and was foreseeable. This is a high bar that requires careful evidence gathering.
How long do I have to file a slip and fall claim in Florida? +
Following Florida's 2023 tort reform (HB 837), the statute of limitations for slip and fall and other negligence claims is 2 years from the date of the accident. This is reduced from the previous 4-year period. Additionally, the modified comparative negligence rule means that if you are found more than 50% at fault for your own fall, you cannot recover anything. Documenting that the property owner's negligence — not your own inattention — caused the fall is essential.
What evidence is most important in a Florida slip and fall case? +
The most critical evidence in a Florida slip and fall case includes: surveillance footage from the scene (which the business may overwrite quickly — a preservation letter must be sent immediately); incident reports filed at the time of the accident; maintenance logs showing when the area was last inspected or cleaned; witness statements from people who saw the fall or the hazardous condition; photographs of the dangerous condition; and records of prior similar incidents at the same location. Medical records documenting the injury are equally essential.
Can I sue a private homeowner for a slip and fall in Florida? +
Yes. Premises liability applies to both commercial and residential property owners. The duty of care owed depends on the visitor's status: invitees (guests invited onto the property for the owner's benefit) are owed the highest duty of care, including active inspection for hazards. Licensees (social guests) are owed a lesser duty. Trespassers are owed minimal duty except as to willful or wanton harm. Most residential slip and fall cases involve homeowner's insurance coverage.
Related Practice Areas
Auto Accident
The same HB 837 tort reform rules apply to all Florida personal injury claims.
Workplace Injury
Slip and fall injuries at work may involve both workers' comp and third-party premises liability.
Wrongful Death
Severe fall injuries occasionally result in death, giving rise to wrongful death claims.
Free Consultation · 24/7

Injured in a Slip and Fall?
Florida Law Is Demanding.
So Are We.

Surveillance footage disappears fast. Evidence gets cleaned up. Call Chris Walsh at (772) 888-8888 immediately after any premises liability injury. No fee unless we recover.

(772) 888-8888 PSL: (772) 236-5203 Free Online Consultation

Free initial consultation does not create an attorney-client relationship. Past results do not guarantee a similar outcome. Florida Bar Rules 4-7.1 through 4-7.20 apply.