Pensacola Slip and Fall Lawyer
Quick Answer
In Florida, a business is liable for a slip and fall on a transitory foreign substance only if it had actual or constructive knowledge of the dangerous condition. Constructive knowledge is shown by how long the hazard existed or by a pattern of recurrence, which makes surveillance video and inspection logs essential.
Key Takeaways
- Florida Statute 768.0755 requires proof of the business's knowledge of the hazard.
- Store video is often overwritten in 14 to 30 days — request preservation immediately.
- Incident reports, sweep logs, and prior complaints establish constructive notice.
The Notice Requirement
Florida's premises statute places the burden on the injured person to show the business knew or should have known about the spill, leak, or debris. Evidence that the substance was dirty, tracked through, or present long enough that a reasonable inspection would have found it can satisfy that standard.
Recurring conditions — a leaking cooler, a produce misting station, an entry mat that fails in Gulf Coast rain — support constructive knowledge through the pattern rather than a single moment in time.
Evidence That Wins or Loses These Cases
Photograph the hazard, your footwear, and the surrounding area before anything is cleaned. Report the fall and request a copy of the incident report. Identify employees present and any witnesses. Then send a written demand that all video from before and after the fall be preserved.
Comparative Fault Defenses
Expect arguments that the hazard was open and obvious, that footwear or distraction contributed, or that a warning cone was present. Florida's modified comparative negligence rule reduces recovery by your percentage of fault and bars it above 50%, so these defenses are addressed directly with scene evidence.