In Central Florida, slip and fall accidents are common causes of serious injuries. They can happen just about anywhere — home, work, outdoors, school, senior care facilities, shopping establishments, gyms, etc. — when you least expect it. These kinds of accidents can happen for many reasons, including:
- Inadequate maintenance: Loose or missing handrails, poorly maintained entryways and walkways, broken steps, etc.
- Hazardous conditions: Poor lighting, wet sidewalks, unsecured rugs or carpets, fallen merchandise, wet floors, improperly placed product displays, dirty or cluttered floors, loose cords, cables or wires, etc.
- Defective construction: Damaged floors or ceilings, uneven surfaces, cracked slabs, water penetration, heaving sidewalks, ponding, etc.
Spinal injuries, bone fractures, traumatic brain injuries, and disfigurement are just some of the serious, even catastrophic injuries that can result from a Central Florida slip-and-fall accident.
What the Law Says About Slip and Fall Accidents in Central Florida
Under Florida’s premises liability laws, property owners have a “duty of care” to keep customers, visitors, guests, and others safe from harm while on their premises. A lot of Central Florida slip-and-fall accidents happen when a property owner or manager is negligent in this duty of care. When this occurs, the state’s premises liability law gives the injured party the right to seek compensation for the damages resulting from their slip and fall accident.
Important update to Florida slip and fall law: Under Florida Statute § 768.0755, if you slip and fall on a transitory foreign substance (a spill, wet floor, tracked-in debris, etc.) in a business establishment, you must prove that the business had actual or constructive knowledge of the dangerous condition and failed to act.
This means the property owner’s insurer will investigate two things aggressively: (1) how long the hazard existed before your fall, and (2) whether the business was conducting regular inspections. The longer a hazard existed and the less evidence there is of inspection, the stronger your constructive knowledge argument.
Evidence that supports constructive knowledge includes: surveillance footage showing the condition existed for an extended time, maintenance and inspection logs, employee testimony, and prior complaints about the same hazard. This evidence degrades or disappears quickly — contacting TLC Trial Team immediately after your accident is critical to preserving it.
Filing Deadline: Under Florida Statute § 95.11(4)(a), as amended by House Bill 837 in March 2023, you have two years from the date of your slip and fall accident to file a personal injury lawsuit. For accidents before March 24, 2023, the old four-year deadline may apply. This deadline is strict — missing it permanently bars your claim. Because critical evidence like surveillance footage, inspection logs, and witness memories disappears quickly, you should contact TLC Trial Team as soon as possible after your accident.
How Florida’s Modified Comparative Negligence Law Affects Your Slip and Fall Claim
Florida’s 2023 tort reform under House Bill 837 fundamentally changed how fault is calculated in slip and fall cases. Under the new modified comparative negligence system, if you are found to be 51% or more at fault for your accident, you cannot recover any compensation at all.
Property owners and their insurance companies now aggressively argue that injured visitors were “careless” — that they were distracted by their phone, wearing improper footwear, or failed to notice an “obvious” hazard. Under HB 837, pushing your fault percentage to 51% or more means they pay nothing.
Example: You slip on an unmarked wet floor and sustain $25,000 in damages. If a jury finds you 30% at fault, you recover $17,500. If they find you 51% at fault, you recover nothing.
Important precision: A plaintiff found exactly 50% at fault is not barred — their damages are reduced by 50%, but the claim proceeds. The bar applies at 51% or above (Florida Statute § 768.81(6)).
The “open and obvious” defense is another tool insurers use — arguing the hazard was so visible you should have avoided it. Attorney Tania Clark knows how to fight back against these tactics and protect your right to full compensation.
Recovering Compensation for a Slip and Fall Injury
The first step in collecting this compensation is to speak with Central Florida slip and fall attorney Tania Clark of TLC Trial Team. Tania Clark has successfully represented clients all over Central Florida who have been injured because of a property owner’s negligence. Her keen grasp of Florida’s premises liability laws and experience handling premise liability claims make Tania one of the most sought-after personal injury attorneys in Central Florida.
Attorney Tania Clark can assist you at every stage of the personal injury claim process, including investigating and gathering the evidence you’ll need to support your claim. To succeed in a premises liability slip and fall lawsuit in Central Florida, you’ll have to be able to establish that:
- You were legally on someone else’s property.
- Hazardous conditions existed on the property.
- The owner knew or should have known about the hazardous conditions on their property.
- The owner was negligent in removing the hazardous conditions or failed to provide adequate warning of any hazardous conditions on their property.
- Your slip and fall accident happened because of this negligence.
- You were injured as a result of your slip and fall accident. And
- You suffered damages as a result of your slip and fall accident injuries.
Evidence is the key to proving your claim. Evidence in a Central Florida slip and fall accident injury claim can include medical records, accident photos, eyewitness accounts, expert testimony, police reports, and more. Your lawyer will use this evidence to negotiate with the insurance companies. If negotiations don’t produce a satisfactory settlement, you have the option of going to trial and arguing your case before a judge and jury.
Frequently Asked Questions — Central Florida Slip and Fall Accidents
Speak With an Experienced Central Florida Slip and Fall Attorney
If you have been injured in a slip and fall accident in Central Florida, it’s important to seek legal help as soon as possible after your accident. Contact TLC Trial Team without delay. The sooner Central Florida personal injury attorney Tania Clark gets to work on your case, the better your chances of collecting the full compensation you are due for your accident injuries. Tania’s experience and dedication to her clients have helped her recover millions of dollars in settlements for her clients.
Contact TLC Trial Team through our website or call us at (877) 299-5539 today to schedule a free initial consultation with an experienced Central Florida personal injury lawyer.
Serving Slip and Fall Victims Across Central Florida
TLC Trial Team represents injured slip and fall victims throughout Central Florida from three office locations. Visit your local page for location-specific information and office details:
