Slip and fall claims: care and next steps in Florida

Florida provides a two-year statute of limitations for negligence claims accruing after March 24, 2023 under § 95.11(5)(a), Florida Statutes (previously four years). However, claims against Florida governmental entities require compliance with the Florida Tort Claims Act, § 768.28, Florida Statutes. A claimant must present a written claim to the appropriate agency (and, except for claims against a municipality, county, or the Florida Space Authority, to the Florida Department of Financial Services) within three years after the claim accrues, and must wait for a written denial or 6 months before filing suit. Failure to provide timely pre-suit notice is a jurisdictional bar to suit against government entities.

Florida historically applied pure comparative fault under § 768.81, Florida Statutes. However, in March 2023 Florida amended § 768.81 to a modified comparative fault system: plaintiffs found more than 50% at fault are now barred from recovery. This change applies to causes of action accruing on or after March 24, 2023. Cases arising from incidents before that date continue under the prior pure comparative fault standard, under which damages were reduced proportionally regardless of the plaintiff's share of fault.

Florida's humid subtropical climate means wet floors from rain, condensation, and tropical storms are common hazard sources in commercial premises. Florida courts have addressed the natural tracking exception, where rain or wet conditions outside do not automatically create liability when customers track water in, provided the business has adequate warning signs and matting protocols. Landlords of multi-family residential buildings owe statutory duties under Florida's Landlord-Tenant Act to maintain common areas in a reasonably safe condition, creating a basis for premises liability claims in apartment complex slip-and-fall incidents.