Skilled Florida Slip and Fall Lawyers

A slip and fall accident can happen in an instant — a wet floor at a grocery store, a broken step at an apartment complex, a patch of uneven pavement outside a restaurant. What follows can be far more serious: broken bones, head injuries, torn ligaments, and months of painful recovery.

Property owners in Florida have a legal obligation to keep their premises reasonably safe for visitors and guests. When they fail to meet that obligation and someone is hurt as a result, the law provides a path to compensation. But pursuing that path is rarely straightforward, and insurance companies defending property owners fight hard to minimize what they pay.

Kogan & DiSalvo Personal Injury Lawyers represents slip and fall victims throughout Florida. We know how these cases are defended, we know the evidence that matters, and we know how to build claims that hold up under pressure.

Injured in a slip and fall in Florida? Call Kogan & DiSalvo Personal Injury Lawyers today for a free consultation.

What Is Premises Liability in Florida?

Slip and fall claims fall under a broader area of law called premises liability. This area of law holds property owners and occupiers — including businesses, landlords, government entities, and private individuals — responsible for injuries that occur on their property due to unsafe conditions.

In Florida, the duty of care a property owner owes to a visitor depends on the visitor’s legal status:

• Invitees — People who are expressly or implicitly invited onto a property for business purposes, such as customers at a store or restaurant. Property owners owe the highest duty of care to invitees — they must regularly inspect the premises, identify hazards, and either fix them promptly or warn visitors about them.
• Licensees — People who enter a property with permission but not for business purposes, such as social guests. Property owners must warn licensees of known hazards that the visitor is unlikely to discover on their own.
• Trespassers — People who enter without permission generally receive the lowest level of protection, though property owners still cannot intentionally harm them and must protect child trespassers in certain circumstances.

Most slip and fall cases involve invitees — customers and visitors at businesses, shopping centers, hotels, restaurants, and similar locations. In these cases, the property owner’s duty is at its highest, and the standard for liability is more readily established when dangerous conditions are allowed to persist.

What Must Be Proven in a Florida Slip and Fall Case?

Florida law sets specific requirements for what an injured person must prove in a slip and fall case involving a business. Under Florida Statute 768.0755, if you slip and fall on a transitory foreign substance — such as a spilled liquid — at a business, you must show that the business had actual or constructive knowledge of the dangerous condition and failed to act.

This means proving one of the following:

• The business directly created the hazardous condition
• The business knew about the condition and failed to address it
• The condition existed long enough that the business should have known about it through reasonable inspection and maintenance practices

This is often where slip and fall cases are won or lost. Evidence such as surveillance footage, incident reports, employee testimony, maintenance logs, and expert analysis can help establish how long a hazard existed and whether the property owner had adequate notice. Kogan & DiSalvo Personal Injury Lawyers moves quickly to preserve this evidence before it is lost or destroyed.

We’re here to help you understand your rights. Call Kogan & DiSalvo Personal Injury Lawyers — let’s talk about what happened.

Common Causes of Slip and Fall Accidents in Florida

Florida’s combination of heavy rainfall, high humidity, busy tourism industry, and aging commercial infrastructure creates conditions where slip and fall accidents occur regularly. Some of the most common causes we see include:

• Wet or slippery floors — Spilled liquids, recently mopped floors, and rainwater tracked in from outside are among the most frequent hazards in Florida retail and hospitality settings.
• Uneven or broken pavement — Cracked sidewalks, uneven parking lots, and deteriorating walkways outside businesses and apartment complexes cause serious falls, particularly for older adults.
• Poor lighting — Inadequate lighting in parking garages, stairwells, hallways, and outdoor areas makes it difficult to see hazards and significantly increases fall risk.
• Unmarked hazards — Failure to post wet floor signs, cone off damaged areas, or otherwise warn visitors of known dangers is a common form of negligence in slip and fall cases.
• Defective stairs and handrails — Broken steps, missing handrails, and slippery stair surfaces at hotels, apartment buildings, and commercial properties are frequent sources of serious injury.
• Loose or damaged flooring — Torn carpet, loose floor tiles, and raised flooring transitions can catch a foot and cause an unexpected fall.
• Debris and obstacles — Items left in walkways, store aisles, or common areas create tripping hazards that businesses have an obligation to clear.
• Poolside and beach access areas — Florida’s outdoor recreation venues, including hotel pools, water parks, and beach access points, create wet surface conditions that require ongoing attention and appropriate non-slip surfacing.

Common Injuries in Slip and Fall Accidents

Slip and fall injuries can range from painful but temporary to severe and permanently disabling. Factors such as the victim’s age, the height of the fall, and the surface they landed on all affect the outcome. Common injuries include:

• Hip fractures — Particularly serious in older adults, hip fractures often require surgery and extended rehabilitation, and can significantly reduce long-term mobility and independence.
• Knee injuries — Torn ligaments, meniscus damage, and fractures of the kneecap are common in falls and frequently require surgical repair.
• Wrist and arm fractures — People instinctively reach out to break a fall, often fracturing the wrist, forearm, or shoulder in the process.
• Traumatic brain injuries — Hitting the head on the floor, a shelf, or another surface during a fall can cause concussions or more serious TBIs with lasting cognitive effects.
• Spinal injuries — Falls can cause herniated discs, vertebral fractures, and in severe cases, spinal cord damage resulting in partial or complete paralysis.
• Soft tissue injuries — Sprains, strains, and tears to muscles, tendons, and ligaments can cause chronic pain and long-term functional limitations.
• Lacerations and contusions — Cuts and bruising may seem minor but can indicate more significant underlying trauma.

Some of these injuries — particularly fractures, TBIs, and spinal injuries — carry costs that extend far beyond initial emergency treatment. Ongoing rehabilitation, specialist care, assistive equipment, and lost income can add up quickly. A thorough legal claim accounts for all of these losses, not just the immediate medical bills.

Kogan & DiSalvo Personal Injury Lawyers has helped slip and fall victims across South Florida — now we’re ready to help you.

What Compensation Can You Recover in a Florida Slip and Fall Case?

If you were injured in a slip and fall on someone else’s property in Florida, you may be entitled to compensation for:

• Medical expenses — emergency treatment, hospitalization, surgery, physical therapy, and future care
• Lost wages — income lost while you were unable to work during recovery
• Loss of earning capacity — if your injuries affect your ability to return to your previous employment or work at the same level
• Pain and suffering — physical pain and emotional distress caused by the accident and the recovery process
• Permanent disability or disfigurement — compensation for lasting physical consequences of the fall
• Loss of enjoyment of life — if injuries prevent participation in activities that were important to you before the accident

The value of your claim depends on the nature and severity of your injuries, how they have affected your life, and the strength of the evidence supporting your case. Kogan & DiSalvo Personal Injury Lawyers works to ensure every element of your loss is properly documented and fully pursued.

How Florida’s Comparative Negligence Law Affects Slip and Fall Cases

One of the most common defenses in slip and fall cases is the argument that the injured person was partly responsible for their own fall — that they were not paying attention, wearing inappropriate footwear, or ignoring posted warnings. Under Florida’s modified comparative negligence rule, if you are found partially at fault, your compensation is reduced by your percentage of fault.

For example, if your damages total $200,000 and you are found 25% at fault for not noticing a wet floor sign, you would recover $150,000. If you are found more than 50% at fault, however, you cannot recover anything under Florida’s current law.

This makes how your case is framed and argued critically important. Insurance companies will look for any evidence that supports placing blame on you rather than the property owner. Kogan & DiSalvo Personal Injury Lawyers builds cases that anticipate and counter these arguments with solid evidence.

What to Do After a Slip and Fall in Florida

The steps you take immediately after a fall can have a significant impact on the strength of your claim. Here is what we recommend:

• Report the incident — Notify the property owner, manager, or staff immediately and ensure an incident report is created. Request a copy if possible.
• Document the hazard — Photograph or video the exact spot where you fell, including the hazard that caused the fall, any warning signs (or the absence of them), and the surrounding area.
• Photograph your injuries — Document visible injuries at the scene and in the days following the accident as bruising and swelling develop.
• Get witness information — If anyone saw the fall, collect their names and contact details.
• Seek medical attention immediately — See a doctor the same day, even if you think your injuries are minor. Some injuries, including internal trauma and concussions, may not be immediately apparent.
• Preserve your footwear and clothing — Do not wash or discard what you were wearing. These items may be relevant evidence.
• Do not give recorded statements — Avoid giving a statement to the property owner’s insurance company before consulting with an attorney.
• Contact Kogan & DiSalvo Personal Injury Lawyers — Early involvement is critical in slip and fall cases, particularly for preserving surveillance footage and incident records that property owners may not retain indefinitely.

Florida’s Statute of Limitations for Slip and Fall Claims

Under Florida law, you generally have two years from the date of your slip and fall accident to file a personal injury lawsuit. This deadline was shortened from four years under legislation enacted in 2023. Missing this deadline almost always means losing your right to pursue compensation, regardless of how strong your case might otherwise be.

There are limited circumstances in which the deadline may be extended — for example, if the injured person is a minor or if the injury was not discovered immediately. However, waiting to act is always risky. Evidence disappears, witnesses become harder to locate, and memories fade. The sooner Kogan & DiSalvo Personal Injury Lawyers gets involved, the stronger your case will be.

Frequently Asked Questions About Florida Slip and Fall Cases

Can I sue a business for a slip and fall in Florida?

Yes, if the business knew or should have known about the dangerous condition and failed to address it. Florida law allows injured customers and visitors to pursue claims against businesses that breach their duty of care. The key is establishing that the hazard existed and that the business had notice of it — which is why evidence gathered quickly after the accident is so important.

What if I fell at a government-owned property?

Slip and fall claims against government entities — such as a fall on a public sidewalk, in a government building, or at a public park — involve additional procedural requirements under Florida’s sovereign immunity laws. There are strict notice requirements and different claim processes. Kogan & DiSalvo Personal Injury Lawyers has experience handling claims against government entities and can guide you through the process.

What if there was a wet floor sign posted?

The presence of a wet floor sign does not automatically eliminate liability. The sign must have been clearly visible and positioned in a way that provided adequate warning. If the sign was obscured, placed after the fact, or positioned so that a reasonable person could not have seen it in time, liability may still exist. We investigate the full circumstances.

What if I fell because of my own medical condition?

Pre-existing medical conditions that affect balance or mobility do not automatically bar recovery. If a hazardous condition on someone else’s property caused or contributed to your fall, you still have rights. Florida’s comparative negligence rules may come into play, but that is very different from having no claim at all.

How much is my slip and fall case worth?

The value of a slip and fall case depends on the severity of your injuries, the impact on your life and ability to work, the strength of the evidence, and the available insurance coverage. Kogan & DiSalvo Personal Injury Lawyers provides an honest assessment during your free consultation and works to maximize every element of your recovery.

Contact Kogan & DiSalvo Personal Injury Lawyers Today

A slip and fall can cause serious, lasting harm — and property owners and their insurers will not make recovering fair compensation easy. Kogan & DiSalvo Personal Injury Lawyers is here to handle the legal fight so you can focus on getting better.

We serve slip and fall victims throughout Florida, including Boca Raton, Fort Lauderdale, West Palm Beach, Stuart, Delray Beach, and communities across South Florida and the Treasure Coast. We work on a contingency fee basis — no fees unless we recover compensation for you.

Your recovery starts with a call to Kogan & DiSalvo Personal Injury Lawyers. Contact us today to schedule your free consultation.