Slip and Fall Claims in Florida: What “Notice” Really Means

Most slip and fall cases in Florida are won or lost on one question: did the business have notice of the dangerous condition?

Actual vs. constructive notice

Actual notice means the business knew about the hazard — an employee saw the spill, someone reported it. Constructive notice means it existed long enough that they should have known.

How constructive notice is proven

• Surveillance footage showing how long the hazard existed
• Track marks, dirt, or drying patterns in the substance
• Inspection logs (or the lack of them)
• Prior similar incidents at the same location

Why timing matters

Under Florida Statute 768.0755, the burden is on you — not the store — to prove notice. Evidence like camera footage is often overwritten within days, which is why acting quickly matters.