Most Common Slip and Fall Hazards in Florida

Slip and fall accidents can happen anywhere, and Gainesville is no exception. In 2023, people in Alachua County were hospitalized for fall-related injuries more often than the average Floridian. 

Some hazards are obvious, while others are easy to miss until someone gets hurt. Below are the most common slip and fall hazards in Florida, where they happen, and what you need to prove someone else’s negligence.  

Where Do Slip and Fall Accidents Happen? 

If the conditions are just right, you can slip and fall in any place. For example, you could be shopping at a department store when you unexpectedly slip on a wet floor. Or, you could be walking to your car after work and slip, trip, or fall due to uneven surfaces. Common places where you may be most susceptible to fall injuries include: 

• Retail stores and restaurants
• Sidewalks and parking lots
• Apartment complexes
• Hotels
• Private homes

No matter where you are, you should always exercise caution and be aware of your surroundings to avoid injuries. 

What Can Cause a Slip and Fall Accident? 

Property owners have a duty to maintain a safe environment on their premises. If they fail to fix or warn about a dangerous condition, they can be held liable. Below are the most common slip and fall hazards: 

Wet or Slippery Surfaces

Florida is famous for its beaches and warm weather, but these areas and conditions carry a high risk of slippery conditions. Near the coast, sand and saltwater are tracked into entryways, while humidity and sudden rain showers make surfaces slick fast. 

Even away from the shoreline, wet surfaces are still a top hazard: 

• Spills in restaurants, grocery stores, or convenience stores
• Rainwater, sand, or debris brought inside on shoes
• Leaking appliances, like refrigerators or AC units
• Pool decks and locker rooms with standing water 
• Mopped floors without proper warning signs

Many of these situations are preventable. In fact, Florida Statute 768.0755 holds businesses responsible if a slippery substance that should’ve been addressed causes a fall.  

Uneven or Damaged Flooring

Over time, flooring naturally wears out. Some dangerous flooring hazards include: 

• Cracked sidewalks or uneven concrete slabs
• Loose tiles, wood panels, or bricks
• Sunken pavement or potholes in parking lots
• Torn carpets or loose mats 
• Rotting deck boards (especially around pool areas) 

Poor Lighting

Falls are common in poorly lit areas where hazards can be hard to spot. A single misstep can have severe consequences. Common poorly lit areas include: 

• Stairwells with missing or broken lights
• Parking garages with shadowy or hard-to-see corners
• Hallways in apartment buildings, hotels, or office complexes  

Obstacles and Clutter

Walkways should be kept clear. When they’re used as extra storage space or cluttered with miscellaneous items, it’s just a matter of time before someone gets hurt. Clutter that can cause a trip hazard includes: 

• Loose cords, wires, or extension plugs
• Boxes, cleaning equipment, or stacked merchandise
• Holiday decorations or signs sticking out in walking paths
• Debris or tools left behind during construction or maintenance

Defective Stairs or Railings

Stairs can be a dangerous spot for a fall, especially for young children and older adults. Some hazards to watch for include: 

• Missing or wobbly railings
• Uneven risers or stair heights that throw off balance
• Broken steps or worn tread
• Slippery or unmarked stairs

Who is at Risk for Slip and Fall Injuries?

Many people associate slip and fall accidents with senior citizens, and they’re right to do so: More than 14 million older Americans report a fall each year. However, older adults aren’t the only vulnerable population. Other people who may be at risk for slip and fall injuries include: 

• Retail and hospitality workers (wet floors, crowded spaces, and fast-paced environments)
• Guests at waterfront properties (saltwater, sand, and slippery pool decks)
• Delivery drivers and visitors (uneven sidewalks, cluttered entryways, and poorly lit stairs) 

Slips and falls may be common for these groups of people, but keep in mind, slip and fall accidents can happen to anyone at any time and anywhere. 

What Injuries Can Result From Slip and Falls?

Slip and fall accidents are one of the common causes of injuries. Potential injuries that might warrant emergency room visits include: 

• Fractures (hips, wrists, ankles)
• Sprains and strains (torn ligaments in shoulders, knees, or ankles)
• Head injuries and traumatic brain injuries (TBIs)
• Spinal cord and back injuries (herniated discs, fractured vertebrae, nerve compression) 
• Dislocations and contusions (shoulder or knee dislocations) 

Even a seemingly minor fall can accelerate degenerative conditions, such as arthritis, or worsen pre-existing injuries. 

Who’s Liable for a Slip and Fall in Florida? 

In Florida, not all visitors on a property are treated equally under the law; therefore, liability for a trip and fall accident can vary depending on the specific circumstances. Here’s a look at the types of visitors Florida recognizes: 

1. Invitees: People invited for business or public use (customers in a store, tenants, hotel guests)
2. Licensees: Social guests or others who enter with permission but not for business (friends, delivery workers)
3. Trespassers: Those entering without permission or legal right

There is one exception to the above: Florida’s attractive nuisance rule says that landowners can be held liable if a child is injured by something dangerous and appealing (e.g., swimming pool or trampoline), even if the child was trespassing. The property owner must take reasonable precautions, such as fencing or locks, to keep children safe. 

So, liability may fall on: 

• Business owners who don’t maintain safe public areas
• Landlords who neglect repairs in common areas or rental units
• Homeowners who don’t warn guests of known hazards
• Government entities responsible for public sidewalks, parks, and municipal buildings

Property owners are not automatically liable just because someone fell. The injured person must prove the owner was negligent and that negligence directly caused the injury. 

How to Prove Negligence in a Slip and Fall Claim

To show that the property owner’s negligence created or failed to correct a dangerous condition, the following must be proven in a premises liability claim: 

• A hazardous condition existed (wet floor or broken stairs)
• The property owner had actual or constructive knowledge (the defendant knew or should’ve known about the hazard) 
• The owner failed to take action (no warning signs or repairs made in a reasonable time)
• The hazard caused your injury (must be a direct link)
• You suffered measurable damages (medical bills, lost wages, pain and suffering)

Florida follows a modified comparative fault rule per Statute 768.81. This law states that if you’re found more than 50% at fault, you can’t recover any damages. If you’re less than 50% at fault, the court will reduce your compensation by your percentage of fault. 

Documenting Fault in a Florida Slip and Fall Accident

When trying to prove negligence in a slip and fall case, you’ll need some documentation to back up your claim. After your accident, follow these steps: 

1. Look at your surroundings to identify the hazards that may have contributed to your fall. Is the floor wet? Are floor tiles loose or uneven? Is there a lack of sufficient lighting? 
2. Take pictures and/or videos of the accident site. Be sure to take footage from several different angles and directions to give the full context of the accident. Consider getting a ruler or yardstick to measure the size and location of the cause of injury. 
3. Ask the property owner if they have security cameras that may have captured the fall, and request that it be preserved. 
4. Get the names and contact details from anyone that may have witnessed the accident. Ask if they took photos or videos and have them share those with you. 
5. Don’t speak to the insurance company. Let your slip and fall attorney handle all communication. Anything you say can be used against you to limit or deny your claim.  

What is the Average Settlement For a Slip and Fall Claim? 

Insurance companies often offer lowball settlements because the less they pay, the more profit they keep. This can leave injured victims without the compensation they need to pay for their medical bills, lost wages, or other costs related to the accident. To pressure the insurers for a fair outcome, many personal injury lawyers will suggest litigation over a quick settlement. 

Depending on the specifics of your case, settlements for slip and fall claims range anywhere from five-figures up to several hundred thousand dollars. Serious cases that involve catastrophic injuries or death can settle for even more. At Fine, Farkash & Parlapiano, P.A., we’ve successfully litigated slip and fall cases that have awarded victims up to $1M. When you’re involved in an accident, you need an ally on your side who will fight for the recovery you deserve.   

Injured in a Slip and Fall Accident? We’re Here to Help. 

If you’ve been hurt in a slip and fall accident, you don’t want to wait to take action. In Florida, you only have two years from the date of the accident to file a personal injury claim. 

At Fine, Farkash & Parlapiano, P.A., we help injured clients hold negligent property owners accountable. We’ll review your case, explain your options, and fight for the compensation you deserve. Contact our Gainesville slip and fall lawyers today for your free consultation. 

Sources: 

Hospitalizations From Non-Fatal Unintentional Falls | FL Health Charts 

768.0755 Premises liability for transitory foreign substances in a business establishment. | The Florida Legislature 

Older Adult Falls Data | CDC 

Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors | askifas 

A Guide to Florida Slip and Fall Claims and Lawsuits | NOLO 

768.81 Comparative fault. | The Florida Legislature 

Jack Fine

Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.