Published on:

Laws Affecting Your Slip and Fall Accident in Miami

Florida law requires that business owners maintain their business properties in safe conditions for employees and customers. If someone is involved in a slip and fall accident in a Miami business or another Florida business, the victim may be able to seek compensation for medical costs, lost wages, and other damages if the business owner was negligent in providing a reasonable standard of safety and maintenance of the business property.

For victims who have sustained a fracture or a head injury in Miami or another community after a slip and fall accident, it becomes important to understand the laws that affect these types of cases. Before 2001, plaintiffs in slip and fall cases involving a foreign transitory substance had to prove that the business owner has constructive or actual knowledge of the dangerous condition. In 2001, however, in Owens v. Publix Supermarkets, Inc., the law shifted and now business owners had to prove that they used reasonable care in providing a safe business premises. In 2002, Florida passed Fla. Stat. § 768.0710 (2002), which no longer required that plaintiffs prove that business owners knew about a foreign transitory substance that led to a slip and fall accident.

In 2010, Florida passed Fla. Stat. § 768.0755 which requires that in slip and fall cases involving a foreign transitory substance plaintiffs must prove that the business owner knew about the dangerous condition and failed to act reasonably to address the issue. In May 2013, in the case Kenz v. Miami-Dade County and Unicco Service Co., a judge deemed that his law could be applied retroactively.

The law has clearly shifted often, so that Florida plaintiffs now have a higher burden of proof in some slip and fall cases. If you have sustained an injury in a slip and fall case, the 2010 law may be applied retroactively. If you have sustained an injury on a business premises, it is important to consult with a personal injury attorney in Miami or your community as soon as possible after the injury. An experienced lawyer will have extensive experience of current laws affecting your case and the experience to build a strong case on your behalf. If you decide to file a personal injury claim in Miami or your community, an attorney can help you pursue your claim.


Are you looking for a personal injury attorney in Miami or the surrounding communities? The Flaxman Law Group legal team has more than 25 years of experience with personal injury and slip and fall claims in Southern Florida. So far, the legal team has recovered more than $25 million on behalf of thousands of clients. Call today to arrange for your free, no obligation consultation. The Flaxman Law Group is a full service law firm, so the legal staff can take care of all the details of your claim, leaving you free to focus on your future. If you have been injured due to someone’s negligence or recklessness, you may be eligible for compensation under Florida laws. In a free case review, the legal professionals at the Flaxman Law Group can review your rights and options so that you can make the right decision in your case.