Slipped on a Spill in a Florida Store? How Section 768.0755 Works

Most slip and fall claims against Florida stores, restaurants, and other businesses turn on one question: did the business know, or should it have known, about the spill before you fell? Since 2010, a specific statute answers how you prove that. If you slipped on a liquid, food, or other substance on a business's floor, section 768.0755, Florida Statutes, is the law your claim will be measured against.

What Section 768.0755 Says

The statute applies when "a person slips and falls on a transitory foreign substance in a business establishment." In that situation, the injured person "must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it."

In plain terms, it is not enough to show that the floor was wet and you fell. You have to show the business either knew about the substance (actual knowledge) or should have known about it (constructive knowledge), and that it should have cleaned it up, blocked it off, or warned you in time.

What Counts as a "Transitory Foreign Substance"?

The statute does not define the phrase, but it is generally understood to mean something on the floor that does not belong there and is not a permanent part of the building: spilled drinks, produce, grease, soap, cleaning liquid, or rainwater tracked in from outside. A cracked tile, a torn mat, a broken step, or a missing handrail is a different kind of hazard. Falls caused by those conditions are analyzed under general premises liability principles rather than this statute, and subsection (2) of the statute says it "does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises."

Actual Knowledge

Actual knowledge means the business really knew. Examples of evidence that can show it:

• An employee saw the spill, caused it, or was told about it before the fall
• A customer complaint or a call over the store intercom about the spill
• A "wet floor" sign or cone placed somewhere other than where the hazard actually was
• Store video showing an employee walking past the substance

Constructive Knowledge: The Two Routes

Most cases are built on constructive knowledge, because businesses rarely admit they knew. The statute says constructive knowledge "may be proven by circumstantial evidence showing that":

1. Time: "The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition"; or
2. Regularity: "The condition occurred with regularity and was therefore foreseeable."

Proving the spill was there long enough

Time is usually proven with details. Footprints or cart tracks through the liquid, a dried edge around a puddle, dirt in the substance, or melted ice in a drink can all suggest it had been there for a while. Surveillance video is often the strongest evidence, because it can show when the spill happened and how many employees passed by before you fell. Inspection or "sweep" logs can show how long it had been since anyone checked the aisle.

Proving the condition was a recurring problem

The regularity route fits hazards that keep happening in the same place: a leaking cooler or ice machine, a roof that drips when it rains, a produce section where grapes end up on the floor every day, or an entrance that floods in every storm. Prior incident reports, maintenance requests, and employee testimony about how often the problem occurred are the kinds of evidence that matter here.

What to Do Right After the Fall

Because the statute puts the burden on you, the evidence you collect in the first hours matters:

• Photograph the substance before it is cleaned up. Get close-ups showing tracks, dirt, or drying edges, and wide shots showing where it was and whether any warning sign was nearby.
• Note where the cameras are. Video is often overwritten on a schedule, so a written request to preserve it should go out quickly.
• Get names. Write down the manager who took your report and any employees or customers who saw the spill or the fall.
• Ask for an incident report, and write down what employees said about the spill, especially anything like "we've been meaning to clean that up."
• Get medical care the same day, and keep the shoes and clothes you were wearing.

How Your Own Fault Affects the Claim

The business will often argue you should have seen the spill. Florida apportions fault among everyone responsible under section 768.81, Florida Statutes. Since the 2023 tort reform law (chapter 2023-15, Laws of Florida), section 768.81(6) provides that in a negligence action, a party "found to be greater than 50 percent at fault for his or her own harm may not recover any damages." If you are 50 percent or less at fault, your damages are reduced by your share. That rule applies to cases filed after March 24, 2023.

Deadlines

For negligence claims that arose after March 24, 2023, the statute of limitations is two years (section 95.11(5)(a), Florida Statutes). If the fall happened on government property, separate notice rules apply under section 768.28. Our guide to Florida's premises injury deadlines explains both.

How Your Case Is Referred

Your case will be referred to another lawyer. Recalde Law Firm, P.A. does not litigate premises injury cases. Rafael Recalde reviews what happened and, if the matter appears to have merit, refers it to another Florida lawyer or law firm that handles premises liability cases.

You will know which firm will handle your case before you sign anything. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, a fee can be divided between firms only with your written consent, in a written contract signed by you and by each participating firm, and each firm accepts joint legal responsibility for your representation. You are always free to choose a different lawyer.

Frequently Asked Questions

Q: Does Florida's slip and fall statute apply to every fall in a store?

No. Section 768.0755 applies to slips and falls on a transitory foreign substance in a business establishment, such as a spilled drink or tracked-in rainwater. Falls caused by permanent conditions, like broken tiles or a missing handrail, are analyzed under general premises liability law.

Q: What is constructive knowledge in a Florida slip and fall case?

It means the business should have known about the spill even if no one actually saw it. Under section 768.0755(1), you can prove it with circumstantial evidence that the substance was there long enough that the business should have found it, or that the condition happened regularly and was therefore foreseeable.

Q: Can I recover if I was partly at fault for not seeing the spill?

Under section 768.81(6), Florida Statutes, a person found more than 50 percent at fault for their own harm cannot recover damages in a negligence action. At 50 percent or less, the damages are reduced by your percentage of fault.

Q: How long do I have to file a slip and fall claim against a Florida business?

For negligence claims that arose after March 24, 2023, the deadline is generally two years under section 95.11(5)(a), Florida Statutes. Evidence like surveillance video can disappear much sooner.

Sources

• Section 768.0755, Florida Statutes (2026) — premises liability for transitory foreign substances (s. 1, ch. 2010-8)
• Section 768.81, Florida Statutes (2026) — comparative fault; subsection (6)
• Section 95.11, Florida Statutes (2026) — limitations; paragraph (5)(a)
• Chapter 2023-15, Laws of Florida (HB 837), sections 3, 9, 28, and 30

This article explains general Florida law as of October 9, 2026. It is not legal advice about your situation.