Where to File in Florida
Florida's premises liability framework was substantially modified by § 768.0755, Florida Statutes (2010), which reinstated a negligence standard for transitory foreign substances in business establishments. To prevail in a slip-and-fall claim involving a transitory foreign substance such as a spilled liquid, a plaintiff must prove the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action. Constructive knowledge may be inferred when the condition existed for a sufficient length of time that the business should have known of it through the exercise of ordinary care, or when the condition occurred with regularity and was therefore foreseeable. The traditional invitee/licensee/trespasser distinctions still govern non-transitory-substance premises cases.
Florida provides a four-year statute of limitations for personal injury claims under § 95.11(3)(a), Florida Statutes—one of the longest in the nation. However, claims against Florida governmental entities require compliance with the Florida Tort Claims Act, § 768.28, Florida Statutes. A claimant must present a written notice of claim to the appropriate agency and the Florida Department of Financial Services within three years of the incident, and must wait 180 days before filing suit unless the claim is denied earlier. 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.