Fla. Stat. § 768.0755

Slip-and-Fall &
Premises Liability

Falling in a store isn’t enough to win a case in Florida — you have to prove the business knew, or should have known, about the hazard. Here is what that takes.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

The Notice Requirement

Florida law makes slip-and-fall cases harder than people expect. Under § 768.0755, if you slip on a "transitory foreign substance" (a spill, liquid, or debris) in a business, you must prove the business had actual or constructive knowledge of the hazard and should have addressed it.

The Governing Statute
Fla. Stat. § 768.0755 — Premises Liability for Transitory Foreign Substances
"If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition."
Read the full statute on Online Sunshine →

Constructive knowledge can be shown by evidence that the condition existed long enough that the business should have discovered it, or that it occurred regularly and was foreseeable.

How These Cases Are Proven

  • How long the hazard was there — surveillance video, witness accounts, the condition of the substance (e.g., dirty, tracked-through).
  • Inspection and cleaning records — or the lack of them.
  • Whether the hazard was recurring and foreseeable.
  • The comparative-fault fight — the store will argue you weren’t watching where you walked.

Frequently Asked Questions

Can I sue if I slip and fall in a store in Florida?
You can, but you must prove more than just falling. Under § 768.0755, you must show the business had actual or constructive knowledge of the hazard — for example, that a spill was there long enough that staff should have cleaned it up.
What is "constructive knowledge" in a Florida slip-and-fall case?
It means the business should have known about the hazard even if no one actually saw it — typically shown by evidence the condition existed long enough to be discovered, or that it happened regularly and was foreseeable.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 768.0755 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.