Owners and businesses in Florida are liable when a dangerous condition on their property should have been found and fixed—or was known and ignored—and that failure causes injury. In stores and restaurants, you must prove the business had actual or constructive notice of a “transitory foreign substance” (like a spill).
Hurt in Miami-Dade? Buchalter Hoffman and Dorchak can secure video, cleaning logs, and witness statements before they disappear. Start with a free evaluation now—send a message here to speak with the best Miami, FL liability attorneys who build statute-supported claims.
When Spills or “Transitory” Hazards Exist Long Enough to Be Discovered
A supermarket puddle, a “dirty” liquid with footprints, or cart tracks around dropped produce can show the condition existed for a meaningful time—evidence courts rely on to find constructive notice. Under § 768.0755, time-and-pattern indicators (footprints, drying rings, smearing) and missing inspection logs allow a jury to conclude the store should have known and acted.
Recent Florida decisions highlight that footprints, track marks, and the amount/appearance of liquid can defeat a business’s “we didn’t know” defense. The sooner our North Miami slip and fall lawyers send preservation letters to capture surveillance and cleaning records, the stronger your proof under the statute.
When Hazards Occur With Regularity (Entrances, Buffets, Drink Stations)
Businesses are liable when a danger recurs and is therefore foreseeable—like rainwater tracked through front mats, condensation near freezer aisles, or spills near salad bars. § 768.0755 expressly recognizes constructive knowledge where a condition occurs with regularity and should be anticipated. Policies without execution (e.g., mats placed but never changed during storms) can still support liability. Photograph mats, cones, and wet-floor signs as you found them. Injury attorneys pair those images with staffing and inspection schedules to show foreseeable patterns.
When Inspection and Cleaning Procedures Are Inadequate—or Ignored
Florida law does not demand perfection, but it requires reasonable inspection and cleanup. Stores that lack documented sweep times, assign too few employees to high-risk zones, or skip checks during rush hours invite liability because their system cannot detect hazards in time. Courts frequently analyze logs, staffing, and video to test whether routines were followed. As top-rated FL personal injury attorneys, we subpoena logs and video and compare them against your timeline, building the constructive-notice element that § 768.0755 requires.
When Known Leaks, Condensation, or Construction Work Create Recurring Risks
Refrigeration leaks, AC condensation, roof repairs, and janitorial mopping produce predictable wet areas. If a business knows about these sources and fails to cordon, cone, or dry them, liability follows because the risk is known and recurring. Proof can include work orders, maintenance tickets, and prior incident reports—records attorneys in North Miami, FL move quickly to secure. Example indicators include multiple prior complaints, towels kept nearby to catch drips, or staff testimony about “always wet” zones.
When Poor Lighting, Broken Tiles, or Uneven Surfaces Violate a Duty to Invitees
Outside the “transitory substance” context, Florida owners owe invitees (customers, tenants, delivery drivers) a duty to maintain reasonably safe premises and warn of hidden dangers they know or should know about. Inadequate lighting on stairwells, loose tiles in lobbies, or worn nosings on steps can create liability when the owner had notice and failed to repair or warn. Trespassers receive narrower protections under § 768.075, but invitees can recover when defects are unreasonably dangerous and not open and obvious.
When Apartment and Condo Owners Control Common Areas with Known Hazards
Landlords and associations are responsible for common areas—breezeways, lobby floors, pool decks, and garages. If water routinely accumulates after landscaping or pressure-washing, or if a cracked tile has generated complaints, the owner’s control and knowledge can establish liability. Our personal injury attorneys often combine tenant messages, maintenance tickets, and service-vendor records to prove notice and control.
Get Favorable Results in Your Slip and Fall Case in Florida
Rain-tracked entrances, leaky refrigeration lines, dim stairwells, or broken tiles can trigger liability when owners ignore foreseeable risks. Florida law demands reasonable inspection, warning, and repair; when those duties lapse, injury victims may claim medical losses and wages, subject to the two-year limitations period and comparative-fault rules. Buchalter Hoffman and Dorchak bring over 40 years serving Miami, Fort Lauderdale, and West Palm Beach. For skilled Miami, FL liability attorneys who move fast on preservation and filing, contact us today.