How much is a slip and fall case worth in Florida?

How much is a slip and fall case worth in Florida?

No one can give you a set number for a Florida slip and fall case, because its worth often turns on your losses, your proof and your share of fault. For a spill in a business, you must prove the business knew or should have known of the danger and should have acted to fix it.

Your share of fault lowers the amount, and if you are found more than 50 percent at fault for your own harm, you cannot recover any damages.

So if you are asking how much you can get for a slip and fall, or how much slip and fall settlements are, the answer starts with these rules. A settlement is an amount both sides agree to. The rules below shape what a judge or jury could award at trial, which is why this page explains factors, not numbers. The page on slip and fall lawyers in Melbourne has more about these claims.

What does Florida law say about slip and fall damages?

What a verdict covers

Under section 768.77, Florida Statutes, when a judge or jury finds a defendant liable, the verdict must "itemize the amounts to be awarded" into amounts for "economic losses," amounts for "noneconomic losses," and "punitive damages, if applicable." Economic losses are money losses, like medical bills and lost pay. Under section 768.72, Florida Statutes, punitive damages are allowed only if the judge or jury finds, by clear and convincing evidence, that the defendant was personally guilty of intentional misconduct or gross negligence. Under section 768.0427, Florida Statutes, created by Florida's 2023 civil remedies law, the evidence for past medical bills that have been paid "is limited to evidence of the amount actually paid, regardless of the source of payment." For how each kind of loss is weighed, and the other medical bill rules, read How much is my personal injury case worth?

What you must prove for a spill in a business

Under section 768.0755, Florida Statutes, if you slip and fall on a "transitory foreign substance in a business establishment," such as a spill, you must prove the business had "actual or constructive knowledge of the dangerous condition and should have taken action to remedy it." Actual knowledge means the business knew. Constructive knowledge means it should have known.

The same subsection says constructive knowledge "may be proven by circumstantial evidence" (proof from the surrounding facts) showing that the danger was there so long that, using ordinary care, the business should have known of it, or that it "occurred with regularity and was therefore foreseeable," meaning it kept happening, so the business could expect it. Subsection (2) says the statute does not affect any common-law duty of care (common law is law made by court decisions) owed by whoever possesses or controls a business property.

Your share of fault

Under section 768.81, Florida Statutes, in a negligence case your own share of fault "diminishes proportionately" your economic and noneconomic damages, but does not by itself bar recovery, subject to the more-than-50-percent rule. That rule says "any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages." It does not apply to personal injury or wrongful death claims arising out of medical negligence.

When the 2023 rules apply

The fault bar and the medical bill rules came from chapter 2023-15, Laws of Florida. Except where the act says otherwise, it applies to lawsuits filed after it took effect. It took effect on becoming law, and the Governor approved it on March 24, 2023, so these rules apply to lawsuits filed after that date. Judges decide how the law applies to the facts of each case, and some have ruled differently for injuries that happened before the change, but the law on the books stands.

What affects the value of a slip and fall case?

How much you can get for a slip and fall depends on how these rules play out. How badly you were hurt matters: jurors are told to consider harms such as pain and suffering, disability, disfigurement, mental anguish and loss of capacity for the enjoyment of life, as they apply to the case.

Proof the business knew or should have known

For a spill in a business, the statute puts the proof on you: you must prove the business knew or should have known of the danger and should have acted to fix it. So that proof is often at the center of the case. Things like a cooler that leaks or a roof that drips on the same spot may help show that a danger was there long enough that the business should have known, or that it happened with regularity. For more, read Is a store responsible if I slip and fall there?

What you fell on and where

Section 768.0755 covers slips on a spill or other "transitory foreign substance" in a business. If you tripped over a broken surface, or fell at someone's home, different rules can apply, and a lawyer can explain them. If your claim is against a Florida state or local government agency, special limits on payment apply, covered in the next section.

More than one party at fault

If more than one party is at fault, in a negligence case the court enters judgment against each liable party based on that party's own percentage of fault, not under joint and several liability (a rule that can make each party responsible for the whole amount).

Other questions about slip and fall settlements

What is the average settlement for a slip and fall?

This page gives no average or range. The Florida Standard Jury Instructions in Civil Cases are the instructions Florida judges read to jurors; The Florida Bar publishes them, and they are not statutes. For harms like pain and suffering, they tell jurors to consider them as they apply to the case, in the past and, where it applies, in the future, and say: "There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence." In cases under the 2023 fault law, jurors who find for the injured person and assign that person 50 percent or less of the fault are told to write the total amount that the greater weight of the evidence shows will "fairly and adequately compensate" the person, including any damages the person is "reasonably certain to incur or experience in the future." At more than 50 percent, they are told not to consider damages.

Why are slip and fall cases difficult to win?

They can be, because for a slip on a spill in a business, you must prove the business knew or should have known of the danger and should have acted to fix it. You may be able to show it should have known with proof that the danger was there long enough or happened with regularity, as explained above. For more, read Can I sue for a slip and fall in Florida, and what do I have to prove?

What if I fell on city, county or state property?

Under section 768.28, Florida Statutes, the state and its agencies and subdivisions do not have to pay more than $200,000 on a claim or judgment by any one person, or more than $300,000 for all claims from the same incident. A judgment above those limits can still be entered, but the part above them can be paid only by a further act of the Florida Legislature. The state or a government agency may, however, agree to settle a claim or judgment within the limits of its insurance coverage without the Legislature, and having that insurance does not waive its sovereign immunity defenses (its legal protections from lawsuits) or raise the limits.

How can you protect the value of your claim now?

• Get medical care, and follow your doctor's plan.
• Keep every medical bill, explanation of benefits and record of who paid what. For paid bills, the evidence is limited to the amount actually paid, no matter who paid it.
• Keep pay stubs, a log of missed work, short notes about your pain and limits, and records of any care your doctors say you will need.
• Write down anything that may show how long the spill was there, or that it had happened before. That is the kind of proof section 768.0755 describes. Also write down the names of witnesses and employees and what they said.
• Take photos of the floor, the spill and the area, and ask the business in writing to keep any video and incident report.

For a fuller list, read What should I do after a slip and fall?

Your deadline to sue

Under section 95.11, Florida Statutes, a lawsuit for an injury caused by negligence must be filed within two years. That two-year rule applies only to claims that arose after the 2023 change took effect on March 24, 2023, and under section 768.28, Florida Statutes, a negligence lawsuit against a Florida state or local government agency must be filed within 4 years after the claim arises, except medical malpractice and wrongful death claims, which follow the deadlines in section 95.11(5). Before you can sue a government agency, a written claim generally must be presented within 3 years after the claim arises (2 years for wrongful death) and then denied, or left without a final decision for the time the law allows. Older claims follow different rules, explained in How long do I have to file a personal injury claim in Florida?

Talk to a Melbourne slip and fall lawyer

If you were hurt in a fall, you can talk with a lawyer at Douglas R. Beam, P.A., about how these rules may apply to you. We offer a free consultation.

Call us at (321) 723-6591, or use the form on our website. Our office is at 25 West New Haven Avenue, Suite C, Melbourne, FL 32901.

Sources

• Section 768.0755, Florida Statutes
• Section 768.77, Florida Statutes
• Section 768.0427, Florida Statutes
• Section 768.81, Florida Statutes
• Section 768.72, Florida Statutes
• Section 768.28, Florida Statutes
• Section 95.11, Florida Statutes
• Chapter 2023-15, Laws of Florida
• Florida Standard Jury Instructions in Civil Cases (The Florida Bar)