Yes, you can sue for a wet-floor slip-and-fall accident in Florida.
A wet floor in a grocery store, a hotel lobby, or a restaurant restroom might seem like a minor inconvenience until it sends someone with a fractured hip or a traumatic brain injury. If a business or property owner failed to clean the floor, put up warning signs, or take other reasonable precautions, they may be liable for any injuries you sustained.
Injured because you slipped on a wet floor? Call us at (321) 234-2900 for a Free Consultation with our slip and fall accident attorney.
Florida Premises Liability Law and Wet Floors
Slip and fall cases in Florida are classified as a type of Premises Liability Case. Under Florida Florida Statute §768.0755, if you slip on a “transitory foreign substance” (like spilled water, a drink, or tracked-in rain) in a business establishment, you must prove that the business:
- Knew or should have known about the dangerous condition.
- Failed to take reasonable steps to fix or warn about it.
You need to demonstrate constructive knowledge by proving that the condition has existed long enough to make its discovery necessary, or that it happened often enough and was foreseeable. Build your case on evidence and documentation.
Do Wet Floor Signs Protect Property Owners?
The answer is No. A warning “Wet Floor” sign is a factor a court will consider, but it does not automatically defeat the claim.
A wet floor sign may show the business recognized a hazard, but that doesn’t mean it did enough to keep customers safe.
Your personal injury attorney in Orlando can counter any claim of property owners by including these questions:
- Was the sign placed in a clearly visible spot near the hazard?
- Did employees make reasonable efforts to clear and dry the floor on a timely basis?
- Was there only one sign when the spill covered a large area?
- Was the sign kept before or after the fall occurred?
- Was the lighting poor, making the sign hard to see?
The “wet floor” warning sign can serve as evidence. But it does not erase the property owner’s responsibility to maintain a reasonably safe environment.
Courts generally weigh the totality of circumstances rather than any single factor on its own. For example, a single wet floor sign placed at one end of a long, spilled grocery store aisle may not count as adequate warning for someone approaching from the other direction. A sign left out from a mopping job hours earlier can actually work against the property owner too, since it suggests they already knew about the hazard and never fully resolved it.
Comparative Negligence in Florida Slip and Fall Cases
Comparative Negligence law in Florida is also applicable to slip and fall cases. Under Florida Statute §768.81, if you are found more than 50% responsible for your own injury, you are not entitled to recover any damages. If you are found less than 50% at fault, you may have a chance to recover compensation with proper evidence and case presentation.
For instance: If you slip and fall on the wet floor of a store, while being distracted by your phone, the judge might assign a share of fault to you. In this case, if your damages are valued at $50,000 and you are found to be 20% responsible, then you may just recover $40,000.
To get an estimation of your possible compensation value, try our Personal Injury Calculator. This realistic calculator will give you an idea of your likely receivable compensation value, along with a lawyer-based approach.
Typical Settlement Ranges for Wet Floor Accidents
| Injury Severity | Typical Settlement Range |
|---|---|
| Minor injuries (bruising, sprains) | $5,000 – $25,000 |
| Moderate injuries (fractures, torn ligaments) | $25,000 – $100,000 |
| Severe injuries (spinal injury, traumatic brain injury) | $100,000 – $500,000+ |
These ranges are general estimates only. Every case is different, and actual compensation depends on the specific facts, evidence, and severity of your injuries.
What if the Property Owner Claims they didn’t know about the wet floor?
One defense people use against this negligence claim is that the owner did not realize the floor was wet. This defense can be challenged by citing constructive knowledge or a recurrent condition.
- Constructive Knowledge: The owner had enough time to know about the hazard through normal inspection procedures.
- Recurrent Condition: This applies if the building where the accident occurred had a history of similar hazards, meaning the owner should have foreseen the hazard and fixed it. It usually happens if there is a leak in the building.
Can you sue for slipping on a wet floor at a public place?
Sure, you can sue when you slip on a wet floor in a public area. Public agencies, such as governments, have obligations too to maintain safety. Nevertheless, when suing a public agency, some other considerations include:
- Sovereign Immunity: Public agencies enjoy certain immunities from legal actions, which makes them less liable. In Florida, you are required to comply with certain procedures to sue a government agency.
- Shorter Limitations: Claims against public agencies may have shorter limitations periods than common personal injury claims. For instance, you must file a notice of claim within six months of the accident.
What to do after a slip and fall on a wet floor?
If you suffer from a slip and fall accident in Florida, consider these steps:
- Report the accident to the manager or employee on duty.
- Take photos or videos of the area, including wet floor signs, spills, lighting conditions, and any instructions.
- Get witness information from anyone who saw you fall.
- Seek medical care within 72 hours to 14 days from the date of the accident and follow through with the treatment.
- Save records of expenses, time missed from work, and how the injury affects daily life.
- Consult a slip and fall accident attorney in Orlando before speaking with insurance companies.
Talk to Injury Assistance Law Firm Today
At Injury Assistance Law Firm, we thoroughly evaluate each case. This includes reviewing store policies, employee training practices, requesting video surveillance, checking maintenance records, and determining whether warning signs were present, and where and when they were posted. We want to make sure you know your rights and what you’re dealing with.
Let us provide the clear guidance and steady advocacy you need after a slip-and-fall accident. Contact Attorney Michael Mills today for a personalized legal approach.