Florida’s Slip-and-Fall Statute of Limitations

Florida’s Statutes of Limitations

Under Florida Statutes § 95.11(3), the state gives injured people four years to file a lawsuit for intentional injuries. For instance, suppose that your injury happened during a robbery when someone pushed you, causing you to fall and suffer a knee injury. In this situation, you must file a lawsuit within four years after the attack.

The same section also gives you four years to file a lawsuit for an injury that results from a defective product. For example, consider a situation in which you were riding a scooter with a defective axle. In your case, that axle broke, causing you to fall and injure your knee. Once again, you have four years to file a product liability lawsuit against the scooter’s manufacturer.

Though you might suffer the same knee injury in these scenarios, you face a different, much shorter statute of limitations for a slip-and-fall accident. To win a slip-and-fall case in Florida, you must prove negligence.

Negligence happens when someone who owes you a duty of care fails to act with reasonable prudence and caution. Under Florida Statutes § 95.11(4)(a), the state sets a two-year statute of limitations for negligence claims.Injuries that result from negligence by a state or local government are subject to different rules, and the entire notice process required to hold the government liable is quite complex. Thus, if you slip and fall in a government building, bus, or other state or county property, you should consult a personal injury attorney familiar with Florida’s Tort Claims Act.

When Does the Statute of Limitations Countdown Begin?

Florida’s statute of limitations begins to run when the “cause of action accrues.” In injury cases, the claim can accrue at two points. In most situations, the time starts running when the accident happens. This is when all the elements of negligence have occurred — the other party failing to exercise reasonable care and you suffering an injury as a result.

In medical malpractice cases, the time starts running when you discover the injury or when you should have discovered it through reasonable diligence. You are unlikely to know you were injured at the time of your treatment. Instead, it might take getting a second opinion from a different doctor to learn about the malpractice. In this situation, it makes sense to use the “discovery rule.”

But in slip-and-fall cases, the time starts when you have the accident — with one exception. For minor victims, the time does not start running until they turn 18. This does not mean minors must wait until they are 18 to pursue a claim, though. A parent or guardian can file a lawsuit on their behalf before then. Instead, it means the deadline falls on the victim’s 20th birthday if they were injured as a minor and have yet to file. The time ends when you file a lawsuit. In other words, filing an insurance claim will not satisfy the statute of limitations.

There are also several grounds for “tolling” or pausing the statute of limitations. If the other party leaves the state to avoid your lawsuit, the time may get extended until they return. Similarly, if the victim is found mentally incompetent, the time gets extended to seven years after the injury.

Reasons to Contact an Attorney Right Away

Although you have up to two years, waiting to file a claim after a slip and fall in a store or other business comes with significant drawbacks. One purpose of the statute of limitations is to push the parties to litigate claims while they are fresh. Witnesses will have clear memories and will not have had time to lose any documents, bills, or other evidence.

Equally importantly, your lawyer will have time to fully investigate the accident and gather the evidence needed to prove your case. The statute of limitations will enable them to file insurance claims and try to negotiate a settlement.

The lawyer can file a lawsuit well before the deadline if negotiations break down. Thus, you can strategically use the filing to give you leverage in settlement talks rather than rushing to satisfy the statute.

Florida’s Comparative Fault Laws

The two-year statute applies even if you are partially at fault for your injuries. Florida uses comparative fault to apportion damages after an accident. This means that if you contributed to the cause of your injuries in a slip-and-fall accident, an insurer or jury could assign part of the fault to you. As a result, the damages you can sue for will be reduced by your share of the fault.

For example, suppose you were running in the aisles when you slipped on a spill and injured yourself. On the one hand, the store might bear a share of the liability for not warning customers of the spill or cleaning it up. On the other hand, you might have been able to avoid your slip and fall in a store if you had been walking instead of running.

In this case, the insurer or jury could assign part of the blame to you and reduce your compensation accordingly. Thus, if you bear 35% of the fault for your injuries, you can only get compensation for 65% of the losses you suffered.

Learn More From a Miami Personal Injury Lawyer

Slip-and-fall accidents can cause spine and head injuries. As a result, you could suffer from a wide range of disabling symptoms, including pain, confusion, and even temporary or permanent paralysis.

You may need substantial injury compensation to cover your medical treatments, therapy, and medication in these cases. Without injury compensation, you might face financial and physical hardship. That is why you must meet the filing deadline — so you do not lose your right to pursue the at-fault party for compensation.

Most injury lawyers offer a free consultation to new clients. Contact a lawyer to learn about the statute of limitations that applies to your case and what could happen when the filing period expires.

Sources:

FLA. STAT. § 768.28.

FLA. STAT. § 768.81.

FLA. STAT. § 95.031.

FLA. STAT. § 95.051.

FLA. STAT. § 95.11(3).

Lemery, H., Sharp differences over changing Florida’s law on personal injury and damage lawsuits. (2023).