Paul Catania | October 31, 2025 | Slip and Falls
Proving that a property owner is legally responsible is often the most challenging part of a slip-and-fall claim in Florida. Proving negligence in slip-and-fall matters requires showing that the owner or occupier of the property failed to act reasonably in keeping the premises safe. These cases are rarely straightforward and call for a close look at the circumstances, from how long the hazard existed to whether the owner followed proper safety practices.
At Catania and Catania, we recognize how stressful this can be after an accident. We take time to listen, explain the process in plain language, answer questions, and guide clients step by step so they feel supported, understood, and confident moving forward.
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call us (813) 547-6434Duty of Care
Under Florida law, property owners and businesses have a duty of care. This means they are legally responsible for keeping their premises reasonably safe for guests, customers, or visitors. For example, a grocery store must ensure aisles are free of spilled liquids or that warning signs are placed until the hazard is removed. An injured person cannot proceed with a negligence claim without this duty.
The scope of this duty can change depending on the visitor’s legal status. For instance, a customer shopping in a store is considered an “invitee” and is owed the highest duty of care. A social guest, known as a “licensee”, is also owed a duty, but not to the same extent. Trespassers generally have limited rights, though exceptions exist when children are involved. Clarifying these categories is often essential in Florida slip and fall cases because it directly affects how responsibility is determined.
Breach of Duty
A breach occurs when the property owner fails to uphold that duty of care. This could involve not cleaning up a spill, ignoring broken steps, or failing to repair uneven flooring. In Florida, the victim must prove that the owner either knew, or reasonably should have known, about the dangerous condition and failed to correct it. This breach is the foundation of liability.
It is also important to note that Florida courts may examine how long the hazard existed. For example, a puddle in a supermarket that remained for hours without being cleaned may point toward negligence. On the other hand, a spill that occurred just moments before a fall may be more challenging to tie to the owner’s failure. The length of time a hazard exists often becomes a focal point in disputes.
Causation
Causation connects the unsafe condition to the injury. In legal terms, you must show that the property owner’s breach directly caused your accident. For example, slipping on an unmarked wet floor that leads to a fractured wrist establishes that the hazard, not something else, caused the harm. Without this direct link, a claim may be denied.
Property owners sometimes attempt to argue that the injured person’s actions played a role. Florida follows a comparative negligence system, meaning your recovery may be reduced if you are found partially at fault. For instance, wearing unsafe footwear or being distracted could become part of the defense. Even so, showing clear causation from the dangerous condition often outweighs these arguments when supported by evidence.
Damages
To succeed in a negligence claim, the injured party must demonstrate damages. Damages can include medical expenses, lost income from time away from work, and pain and suffering. As outlined in Florida Statute § 768.81, a negligence action means, without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice, whether couched in terms of contract or tort, or breach of warranty and like theories. You cannot move forward without showing how the fall caused measurable harm to your life.
Damages are not always limited to physical injuries. Emotional distress, long-term disability, or the inability to enjoy life in the same way can also be considered. For example, someone who develops chronic back pain after a fall may face years of treatment and limitations on daily activities. Courts in Florida consider these broader impacts when assessing what compensation may be fair. Damages may also include anticipated future medical expenses or ongoing rehabilitation costs, often burdening injured individuals.
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Key Evidence to Gather
To prove negligence in a slip and fall case, you must establish four elements: the property owner owed you a duty of care to maintain safe premises, they breached that duty by failing to address a hazardous condition, this breach caused your injury, and you suffered actual damages such as medical bills or lost wages. Crucial evidence includes photographs or video of the hazard, witness statements, medical records, accident reports, and maintenance logs.
In Florida, the injured person must also prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be demonstrated by circumstantial evidence showing that the condition existed for such a length of time that it should have been discovered, or that it occurred regularly and was foreseeable. This requirement is part of Florida Statute § 768.0755, which governs premises liability for transitory foreign substances in businesses.
Gathering evidence often requires quick action. Surveillance footage can be erased, witnesses can become harder to locate, and maintenance records may not be preserved for long. That is why acting promptly after a fall is crucial. Even small details, like your shoes or whether a caution sign was visible, can become important in court.
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Slip and fall accidents can create lasting physical, emotional, and financial challenges that affect every part of daily life. At Catania and Catania, we understand Florida law and the real impact these injuries can have on your health, work ability, and overall well‑being. Our team is dedicated to building strong claims, keeping clients informed, and offering steady support from the first conversation until resolution.
Contact us at (813) 222-8656 for a free consultation, and let us help you take the next step toward the compensation and justice you deserve.
Paul B. Catania
With more than 30 years of experience, Paul specializes in personal injury cases, auto accidents, wrongful death, and medical malpractice. As a co-founder of Catania & Catania, alongside his brother, he earned his Bachelor of Arts degree from the University of South Florida and his Juris Doctor from Stetson University.
Licensed to practice in all Florida courts, including the Florida Supreme Court and federal courts, this Tampa attorney is committed to advocating for justice in the community. As seen in the AV Preeminent award.
