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Human beings are typically top-heavy creatures walking around on two legs. Our body types lend themselves to potential serious falls. Falling down or falling over which is something that usually ends with no serious injury yet sometimes it does. People have become seriously injured and have even dies from a simple slip-and-fall on a hard surface.
It is a business and/or property owner’s duty to make sure that the floors in and around their property are generally safe for the public to walk on. If they fail to keep their floors clean and dry this can often result in a slip-and-fall.
If you have had a slip-and-fall in or around a business here in Melbourne, Florida (or anywhere in Florida), you have up to two years to file a lawsuit. Two years is the statute of limitations in Florida.
The General Rule: Two Years for Most Slip and Fall Claims
Under Florida Statute § 95.11, as amended by House Bill 837 (effective March 24, 2023), you generally have two years from the date of the injury to file a negligence-based lawsuit against a private property owner or business.
This two-year deadline applies to slip and fall claims that accrued on or after March 24, 2023. Accrual usually means the date of the fall itself.
Before the 2023 tort reform, Florida allowed four years for most negligence claims. The shorter two-year period now applies to the vast majority of premises liability cases, including falls caused by wet floors, spills, uneven surfaces, or other hazardous conditions on private property. The clock starts running on the date of the accident in most cases—not when you finish medical treatment, receive a final diagnosis, or decide to pursue a claim.
Claims Arising Before March 24, 2023
If your slip and fall occurred before March 24, 2023, the older four-year statute of limitations generally still applies. However, that longer window is closing for many older cases. Do not assume you have extra time—consult an attorney promptly to confirm the exact deadline that applies to your situation.
Are There Any Exceptions That Can Extend the Deadline?
Florida law provides only limited ways to pause (toll) or extend the statute of limitations. Possible exceptions include situations involving:
- Minors or individuals who are legally incapacitated
- Fraudulent concealment of the claim by the defendant
Why Acting Quickly Matters Beyond the Filing Deadline
Even if the two-year (or four-year) deadline has not yet expired, waiting can seriously damage your case. Critical evidence disappears quickly:
- Surveillance video is often overwritten within days or weeks
- Cleaning and inspection logs may be discarded
- Witnesses’ memories fade
- The hazardous condition may be repaired or altered
Florida’s slip and fall statute (§ 768.0755) already requires plaintiffs to prove the business had actual or constructive knowledge of a transitory foreign substance. Prompt investigation makes it far easier to gather the evidence needed to meet that burden.
Hiring an Attorney
An attorney will do all the heavy lifting for you. They will gather the police accident report (if there is one) and all of your medical treatment documentation. Your attorney will compile all of the information and file suit. They will handle all settlement negotiations and represent you in the courtroom if the case progresses that far. Having an attorney for your slip-and-fall case is truly the smartest thing you can do and the sooner you retain one the better.