If you or a loved one has been injured in a slip and fall accident in Florida, it is now harder than ever to hold a business or property owner accountable. The March 2023 Tort Reform Act (House Bill 837) changed the way these cases are handled, making it more difficult to recover damages if you are injured.
This article explains what you need to prove your case, how the new law impacts slip and fall victims, and the critical steps you should take immediately after a fall to protect yourself and your legal rights.
What You Must Prove in a Slip and Fall Case
Florida law requires the injured person to show that the property owner was negligent. That means proving:
- There was a hazardous condition (such as a wet floor, spilled liquid, or food on the ground).
- The owner or business had actual or constructive knowledge of the hazard and failed to fix it.
- Actual knowledge means they knew about the hazard (e.g., an employee saw the spill but didn’t clean it).
- Constructive knowledge means, even if they did not have actual knowledge of the hazard, they should have known about it because it was there long enough to be noticed; this includes situations where the hazardous condition occurred with regularity.
- The hazard caused your injury (e.g., you fell and broke a bone because of the wet floor).
If you can’t prove that the business knew or should have known about the hazard, your case may be difficult to win.
How the 2023 Tort Reform Act Makes It Harder to Win a Slip and Fall Case
You Can’t Recover Money at a Trial if You’re More Than 50% at Fault
Before the new law, if you slipped and fell but a jury determined you were partly at fault (for example, if you were looking at your phone and were distracted while you were walking), you could still recover damages—just a reduced amount in accordance with the jury’s determination of your fault. So even if the jury found you to be, for example, 60% at fault, you would still be awarded money for your damages (but your recovery would be reduced by 60% of the jury’s damages awards).
Now, if the business can prove to the jury that you were more than 50% responsible for your own slip and fall, you get nothing.
- How this affects you: The business will try to argue to the jurors that you weren’t paying attention, that the hazard was “open and obvious,” or that your footwear contributed to the fall, and they will try to convince the jury that as a result, you should be found more than 50% at fault for the slip and fall accident. Unfortunately, if your case proceeds to trial (and keep in mind, the very, very large majority of cases actually settle and don’t go to trial) 50% fault is now the threshold for determining whether you get paid for your damages or you get nothing.
You Have Less Time to File a Lawsuit
The time limit to file a lawsuit for a slip and fall injury in Florida has been cut from four years to two years.
- How this affects you: You must act quickly after a fall. If you wait too long, evidence (such as security footage that the business fails to maintain) may be lost, or you could even potentially lose your chance to file a claim altogether.
What to Do Immediately After a Slip and Fall
If you slip and fall, the evidence you collect at the scene can make or break your case. Here’s what you (or someone with you) should do:
Take Photos and Videos Immediately – the More the Better
Even if a store has surveillance cameras, they won’t capture the details that your own photos and videos can show (or the surveillance footage may not be properly saved and maintained).
- Take wide shots of the entire area to show the lack of warning signs.
- Get close-up shots of the hazard (e.g., the liquid, spilled food, or wet floor).
- Photograph your injuries right away.
- Take pictures of your shoes to show what you were wearing.
If You Slipped on Something Like Grapes, Ice, or a Liquid:
- Get a close-up of the substance you slipped on.
- If the liquid may have come from a leaking bottle or container on a nearby shelf, take a photo of that too.
- This may end up being some of the most important evidence for your entire case. One way we try to prove that a business had constructive notice is by showing that the substance you slipped on was on the floor for a long period of time. For example, a dirty liquid with track marks around it may be evidence that people have walked through the area recently.
Preserve Your Shoes—Do Not Wear Them Again
If your case goes to court, the business’ lawyers will want to inspect your shoes.
- Do not throw them away or clean them.
- Why this matters: If you don’t save them, the defense may accuse you of destroying evidence (this is called "spoliation"), and the court could instruct the jury to assume your shoes were unfavorable to your case.
Don’t Wash Your Clothes
Don’t wash your clothes after a fall even if there is no evidence of the fall on the clothes. Also, if your clothes do have any stains or residue from the fall—like oil, water, or food—do not wash them. Either way, don’t wash your clothes.
- If your clothes are wet from the fall, once your clothes dry, you may be able to see a stain where you landed, which can be powerful evidence in your case.
Complete an Incident Report—But Keep a Copy for Yourself
Many businesses will ask you to fill out an incident report after a fall, but they will not give you a copy unless you file a lawsuit.
- Before you hand it in, take a picture of it.
- If it’s an electronic report, try to take a screenshot.
- Get the full name and position of the employee who took your report.
Get Witness Contact Information
Businesses may not voluntarily provide witness names later, so it’s up to you to collect this information after your slip and fall.
- Ask for names and phone numbers of anyone who saw what happened.
- If a witness is hesitant, politely explain that their statement could make a big difference in proving what happened.
Write Down Any Incriminating Statements from Employees
If an employee makes a comment that suggests they knew about the hazard, write it down.
- Statements like these can be very valuable:
- “This happens all the time.”
- “We keep telling management to fix this.”
- “We really need to do something about this.”
Make sure to note the name and description of the employee, because the business may fight over giving that information to your lawyer later.
Why Are Lawyers More Selective About Slip and Fall Cases Now?
Because of the new laws relating to slip and fall cases, attorneys are now focusing on cases with clear liability and serious injuries. Lawyers are less likely to take a case if:
- There’s little evidence of negligence.
- If the spill or hazard appeared just seconds before your fall, the business may not be responsible.
- Your injuries are minor.
- Cases involving only soft tissue injuries (like sprains and strains) can be harder to prove and may not be worth the legal costs.
- There’s a high chance you’ll be found more than 50% at fault.
- If you were distracted, in a hurry, or the hazard was something that a jury might think was “obvious,” you could lose your case under the new law if a jury believes you were greater than 50% at fault for the slip and fall.
Final Thoughts: Protecting Your Case After a Slip and Fall in Florida
The 2023 Tort Reform Act has made slip and fall cases harder to win, but you can still protect your rights by taking the appropriate steps immediately after a fall.
If you or a loved one has suffered a slip and fall injury, your best chance at a successful claim is to:
- Take immediate photos and videos of the scene.
- Preserve your shoes and clothing—do not wash them.
- Complete an incident report and keep a copy.
- Get witness contact information.
- Document any statements made by employees.
By following these steps, you can help your attorney build a strong case in the face of Florida’s tougher legal climate.