Slip and fall cases in Florida: the rules and the lawyers

Sources

Where the legal facts on this page come from

1. Fla. Stat. § 95.11“(5) WITHIN TWO YEARS. — (a) An action founded on negligence. … (c) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. … In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. … (e) An action for wrongful death. (11) … Notwithstanding paragraph (5)(e), an action for wrongful death seeking damages authorized under s. 768.21 brought against a natural person for an intentional tort resulting in death from acts described in s. 782.04 or s. 782.07 may be commenced at any time.”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 7 Nov 2026Read the source: Fla. Stat. § 95.11
2. Fla. Stat. § 768.81“(2) EFFECT OF CONTRIBUTORY FAULT. — In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery, subject to subsection (6). (3) APPORTIONMENT OF DAMAGES. — In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability. (6) GREATER PERCENTAGE OF FAULT. — In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. This subsection does not apply to an action for damages for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766.”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 7 Nov 2026Read the source: Fla. Stat. § 768.81
3. Ch. 2023-15, Laws of Fla. (CS/CS/HB 837, 2023)“Section 3. Subsections (3), (4), and (10) of section 95.11, Florida Statutes, are amended … (3) WITHIN FOUR YEARS.— (a) An action founded on negligence. [struck through: deleted by the act] … (4) WITHIN TWO YEARS.— (a) An action founded on negligence. [underlined: added by the act] Section 9. Subsection (2) of section 768.81, Florida Statutes, is amended, and subsection (6) is added to that section … (6) GREATER PERCENTAGE OF FAULT.—In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages. Section 28. The amendments made by this act to s. 95.11, Florida Statutes, apply to causes of action accruing after the effective date of this act. Section 30. Except as otherwise expressly provided in this act, this act shall apply to causes of action filed after the effective date of this act. Section 31. This act shall take effect upon becoming a law. Approved by the Governor March 24, 2023. Filed in Office Secretary of State March 24, 2023.”Florida Department of State (Laws of Florida, 2023; PDF of the enrolled act) · read 7 Nov 2026Read the source: Ch. 2023-15, Laws of Fla. (CS/CS/HB 837, 2023)
4. Fla. Stat. § 768.0755 (premises liability for transitory foreign substances in a business establishment)Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 768.0755 (premises liability for transitory foreign substances in a business establishment)
5. Fla. Stat. § 768.075 (immunity from liability for injury to trespassers on real property)Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 768.075 (immunity from liability for injury to trespassers on real property)
6. Fla. Stat. § 768.28“(6)(a) An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality, county, or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing; except that, if: … 2. Such action is for wrongful death, the claimant must present the claim in writing to the Department of Financial Services within 2 years after the claim accrues. (14) Every claim against the state or one of its agencies or subdivisions for damages for a negligent or wrongful act or omission pursuant to this section shall be forever barred unless the civil action is commenced by filing a complaint in the court of appropriate jurisdiction within 4 years after such claim accrues; except that an action for contribution must be commenced within the limitations provided in s. 768.31(4), and an action for damages arising from medical malpractice or wrongful death must be commenced within the limitations for such actions in s. 95.11(5).”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 7 Nov 2026Read the source: Fla. Stat. § 768.28
7. Fla. Stat. § 95.051“(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: … (i) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun within 7 years after the act, event, or occurrence giving rise to the cause of action. (2) A disability or other reason does not toll the running of any statute of limitations except those specified in this section, s. 95.091, …”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 7 Nov 2026Read the source: Fla. Stat. § 95.051
8. CS/HB 145 (Fla. 2026), claims against the government“Effective Date: 10/1/2026 … Ordered engrossed, then enrolled 6/15/2026 • Signed by Officers and presented to Governor 6/30/2026 • Vetoed by Governor 9/1/2026 House • Veto Message received (2027 Regular Session)”Florida Senate (2026 bill history) · read 7 Nov 2026Read the source: CS/HB 145 (Fla. 2026), claims against the government
9. Fla. Stat. § 627.733“(1)(a) Every owner or registrant of a motor vehicle, other than a motor vehicle used as a school bus as defined in s. 1006.25 or limousine, required to be registered and licensed in this state shall maintain security as required by subsection (3) in effect continuously throughout the registration or licensing period. … (3) Such security shall be provided: (a) By an insurance policy delivered or issued for delivery in this state by an authorized or eligible motor vehicle liability insurer which provides the benefits and exemptions contained in ss. 627.730-627.7405. …”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 627.733
10. Fla. Stat. § 627.736“(1) REQUIRED BENEFITS.—An insurance policy complying with the security requirements of s. 627.733 must provide personal injury protection to the named insured, relatives residing in the same household unless excluded under s. 627.747, persons operating the insured motor vehicle, passengers in the motor vehicle, and other persons struck by the motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle, subject to subsection (2) and paragraph (4)(e), to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle as follows: (a) Medical benefits.—Eighty percent of all reasonable expenses for medically necessary medical, surgical, X-ray, dental, and rehabilitative services, including prosthetic devices and medically necessary ambulance, hospital, and nursing services if the individual receives initial services and care pursuant to subparagraph 1. within 14 days after the motor vehicle accident. The medical benefits provide reimbursement only for: 1. Initial services and care that are lawfully provided, supervised, ordered, or prescribed by a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a chiropractic physician licensed under chapter 460, or an advanced practice registered nurse registered under s. 464.0123 or that are provided in a hospital or in a facility that owns, or is wholly owned by, a hospital. Initial services and care may also be provided by a person or entity licensed under part III of chapter 401 which provides emergency transportation and treatment. … 3. Reimbursement for services and care provided in subparagraph 1. or subparagraph 2. up to $10,000 if a physician licensed under chapter 458 or chapter 459, a dentist licensed under chapter 466, a physician assistant licensed under chapter 458 or chapter 459, or an advanced practice registered nurse licensed under chapter 464 has determined that the injured person had an emergency medical condition. 4. Reimbursement for services and care provided in subparagraph 1. or subparagraph 2. is limited to $2,500 if a provider listed in subparagraph 1. or subparagraph 2. determines that the injured person did not have an emergency medical condition. … (b) Disability benefits.—Sixty percent of any loss of gross income and loss of earning capacity per individual from inability to work proximately caused by the injury sustained by the injured person, plus all expenses reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, the injured person would have performed without income for the benefit of his or her household. … (c) Death benefits.—Death benefits of $5,000 per individual. Death benefits are in addition to the medical and disability benefits provided under the insurance policy. …”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 627.736
11. Fla. Stat. § 627.737“(1) Every owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, and every person or organization legally responsible for her or his acts or omissions, is hereby exempted from tort liability for damages because of bodily injury, sickness, or disease arising out of the ownership, operation, maintenance, or use of such motor vehicle in this state to the extent that the benefits described in s. 627.736(1) are payable for such injury, or would be payable but for any exclusion authorized by ss. 627.730-627.7405, … unless a person is entitled to maintain an action for pain, suffering, mental anguish, and inconvenience for such injury under the provisions of subsection (2). (2) In any action of tort brought against the owner, registrant, operator, or occupant of a motor vehicle with respect to which security has been provided as required by ss. 627.730-627.7405, or against any person or organization legally responsible for her or his acts or omissions, a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of: (a) Significant and permanent loss of an important bodily function. (b) Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement. (c) Significant and permanent scarring or disfigurement. (d) Death.”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 627.737
12. Fla. Stat. § 766.106“(2) PRESUIT NOTICE.— (a) After completion of presuit investigation pursuant to s. 766.203(2) and before filing a complaint for medical negligence, a claimant shall notify each prospective defendant of intent to initiate litigation for medical negligence by at least one of the following verifiable means: 1. United States Postal Service certified mail, return receipt requested; 2. United States Postal Service mail with a tracking number; 3. An interstate commercial mail carrier or delivery service; or 4. Any person authorized by law to serve process. … (3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.— (a) A suit may not be filed for a period of 90 days after notice is delivered to any prospective defendant. … (b) At or before the end of the 90 days, the prospective defendant or the prospective defendant’s insurer or self-insurer shall provide the claimant with a response: 1. Rejecting the claim; 2. Making a settlement offer; or 3. Making an offer to arbitrate in which liability is deemed admitted and arbitration will be held only on the issue of damages. … (c) … Failure of the prospective defendant or insurer or self-insurer to reply to the notice within 90 days after receipt shall be deemed a final rejection of the claim for purposes of this section. (4) SERVICE OF PRESUIT NOTICE AND TOLLING.—The notice of intent to initiate litigation must be served within the time limits set forth in s. 95.11. However, upon mailing of the notice of intent to initiate litigation, as provided in subparagraph (2)(a)1., subparagraph (2)(a)2., or subparagraph (2)(a)3., and during the 90-day period provided in subsection (3), the statute of limitations is tolled as to all prospective defendants. If the notice of intent to initiate litigation is served by a process server as provided in subparagraph (2)(a)4., the statute of limitations is tolled upon the process server’s first attempt to serve the prospective defendant and continues during the 90-day period as to all prospective defendants. Upon stipulation by the parties, the 90-day period may be extended and the statute of limitations is tolled during any such extension. Upon receiving notice of termination of negotiations in an extended period, the claimant shall have 60 days or the remainder of the period of the statute of limitations, whichever is greater, within which to file suit.”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 766.106
13. Fla. Stat. § 766.203“(2) PRESUIT INVESTIGATION BY CLAIMANT.—Prior to issuing notification of intent to initiate medical negligence litigation pursuant to s. 766.106, the claimant shall conduct an investigation to ascertain that there are reasonable grounds to believe that: (a) Any named defendant in the litigation was negligent in the care or treatment of the claimant; and (b) Such negligence resulted in injury to the claimant. Corroboration of reasonable grounds to initiate medical negligence litigation shall be provided by the claimant’s submission of a verified written medical expert opinion from a medical expert as defined in s. 766.202(6), at the time the notice of intent to initiate litigation is mailed, which statement shall corroborate reasonable grounds to support the claim of medical negligence.”Florida Legislature (2026 Florida Statutes, read on flsenate.gov) · read 8 Nov 2026Read the source: Fla. Stat. § 766.203

This is general information, not legal advice.