Hurt in a Fall on Someone Else’s Property?
A bad fall is never ‘just a fall.’ A wet grocery-store floor, an unlit stairwell, a broken sidewalk, or a hazard nobody bothered to clean up can leave you with a broken hip, a head injury, or months of pain and missed work — and the property’s insurance company will look for any reason to blame you. For more than 40 years, Jorgensen Law, P.A. has held negligent property owners accountable for injured people across St. Petersburg and Pinellas County. Our consultations are free, and you pay no attorney fee unless we win.
Why Slip and Fall Cases Need an Experienced Lawyer
Slip and fall claims are some of the hardest personal injury cases to win — and insurers know it. Winning is not about the fact that you fell; it is about proving the property owner was negligent. The insurance company will argue the hazard was ‘open and obvious,’ that you were not watching where you were going, or that staff had no idea the danger was there. An experienced slip and fall attorney knows how to gather the evidence that defeats those defenses — and how to value an injury the insurer wants to minimize. We do that work so you can focus on healing.
Florida Law: When Is a Property Owner Responsible?
Property owners and businesses in Florida have a legal duty to keep their premises reasonably safe and to warn visitors about hidden dangers. But you do not automatically win just because you were hurt. Under Florida’s slip-and-fall statute (Fla. Stat. § 768.0755), if you slip on a ‘transitory foreign substance’ in a business — a spill, a dropped grape, a leak — you must prove the business had actual or constructive knowledge of the dangerous condition and failed to fix it. Actual knowledge means a staff member knew about it. Constructive knowledge means the hazard existed long enough that they should have found and cleaned it, or that it happened so regularly it was foreseeable. Proving that knowledge is the heart of a Florida slip-and-fall case — and it is exactly where the right lawyer makes the difference.
What You Can Recover
When a property owner’s negligence caused your fall, Florida law lets you pursue compensation for much more than your first ER bill. A successful claim can include:
| Type of damages | What it may cover |
|---|---|
| Medical expenses | Ambulance and ER care, surgery, hospitalization, follow-up treatment, physical therapy, and future medical needs |
| Lost income | Wages lost during recovery, plus reduced earning capacity if you cannot return to the same work |
| Pain and suffering | Physical pain, scarring and disfigurement, emotional distress, and loss of enjoyment of life |
| Long-term and in-home care | Rehabilitation, assistive devices such as canes or walkers, and help at home after a serious injury |
| Out-of-pocket costs | Travel to medical appointments and home modifications made necessary by your injuries |
Two Florida rules can change what you actually recover. First is the 51% rule. Under Florida’s 2023 tort reform, the state uses modified comparative negligence: if you are found more than 50% at fault for your fall, you recover nothing. At 50% or less you can still recover, but your award is reduced by your share of fault. Expect the insurer to argue you were distracted, wearing the wrong shoes, or ignored a warning sign — another reason early evidence matters. Second, the available insurance coverage often sets the practical ceiling on a recovery, so we identify every policy that may apply.
How Long Do You Have to File? Florida’s Two-Year Deadline
Under Florida’s 2023 tort reform, you generally have just two years from the date of the fall to file a personal injury lawsuit — down from the four years the law allowed before (Fla. Stat. § 95.11). Slip-and-fall evidence disappears fast: surveillance video is often recorded over within days or weeks, spills are cleaned up, and witnesses move on. The sooner an attorney can send a preservation letter and start investigating, the stronger your case will be.
Where Slip and Falls Happen in St. Petersburg
We handle falls at every kind of property across Pinellas County — grocery and big-box stores (a spill in a Publix or Walmart aisle), restaurants and bars, hotels and resorts, apartment complexes and condos, parking lots and garages, pools and pool decks, and commercial or government buildings. The usual culprits are wet or freshly mopped floors with no warning sign, spilled food or liquid left unattended, uneven or broken flooring, poor lighting, missing handrails, cracked sidewalks and parking lots, and unmarked steps. When a careless property owner created or ignored one of these hazards, they — not you — should pay for the harm.
Common Slip and Fall Injuries
Falls cause far more serious injuries than people expect, especially for older adults. After St. Petersburg falls we see broken hips, wrists, and ankles, head injuries and concussions, back and spinal injuries, herniated discs, shoulder tears, knee damage, and deep bruising or lacerations. Head and spine injuries can have lasting effects, and a broken hip can change an older person’s life overnight. Prompt medical care protects both your health and your claim by tying your injuries to the fall. If a fall took the life of someone you love, our St. Petersburg wrongful death attorneys can help.
What to Do After a Slip and Fall
What you do right after a fall can make or break your claim:
- Report it and get an incident report. Tell the store manager or property owner and ask for a written report — but stick to the facts and do not guess about the cause or how badly you are hurt.
- Photograph everything. The hazard itself (the spill, the broken step), the surrounding area, the missing warning signs, and your injuries — before anything is cleaned up.
- Get names. Collect contact information for any witnesses and the employees you spoke with.
- Keep your shoes and clothing. Do not wash or throw them out — they can be evidence.
- See a doctor right away. Some fall injuries surface days later, and a gap in treatment is the first thing insurers attack.
- Call a lawyer before giving any statement. A free consultation costs nothing, and surveillance video may already be at risk of being erased.
How We Build Your Slip and Fall Case
Because Florida law makes you prove the owner knew or should have known about the hazard, evidence is everything — and it disappears fast. When you hire Jorgensen Law, we move immediately to send a spoliation letter demanding the property preserve its surveillance footage; obtain the incident report and the store’s inspection and cleaning logs; identify and interview witnesses and employees; document the hazard and the scene; and bring in medical and safety experts when needed. Then we calculate the full long-term cost of your injuries, handle the insurer, and — if they will not pay fairly — take your case to court.
Why Injured St. Petersburg Residents Choose Jorgensen Law
Jorgensen Law, P.A. is a family firm that has fought for injured Floridians for more than 40 years. We are based right here in St. Petersburg, we keep our caseload personal, and you work directly with an attorney — not a call center. We know the local properties, courts, and insurance tactics, we carry a 4.9-star Google rating from the people we have represented, and we take slip and fall cases on contingency, so there is never a fee unless we win. We also handle car accident, wrongful death, and every other kind of personal injury claim.
Frequently Asked Questions
How hard is it to win a slip and fall case in Florida?
These are challenging cases because you must prove the property owner was negligent, not just that you fell. Under Florida Statute 768.0755 you generally must show the owner had actual or constructive knowledge of the hazard and failed to fix it. The right evidence, gathered quickly, is what wins them — which is why early legal help matters.
What is the average slip and fall settlement in Florida?
There is no reliable average. Settlements range widely with injury severity, the strength of the liability evidence, and available insurance. Minor cases may resolve for a few thousand dollars; serious injuries can reach six or seven figures. Only a review of your case gives a realistic range.
What is the 51% rule in Florida?
It is Florida’s modified comparative negligence rule from the 2023 tort reform. If you are found more than 50% at fault for your fall, you cannot recover damages. At 50% or less you can still recover, but your award is reduced by your share of fault.
How long do I have to file a slip and fall claim in Florida?
Generally two years from the date of the fall under Florida’s 2023 tort reform. Because video and other evidence disappear quickly, contact an attorney as soon as possible.
What should I do right after a slip and fall?
Report the fall and get a written incident report, photograph the hazard and your injuries before anything is cleaned up, get witness information, keep the shoes and clothing you were wearing, see a doctor promptly, and speak with a lawyer before giving any statement to the insurer.
What if I was partly at fault for my fall?
You can still recover as long as you were not more than 50% at fault, but your compensation is reduced by your percentage of fault. Insurers often exaggerate your share of blame, which is why early evidence and legal help matter.
How much does a slip and fall lawyer cost?
Nothing up front. We handle slip and fall cases on a contingency fee — our fee comes out of the recovery we obtain, and if we do not win, you owe no attorney fee.
Do I have a case if I fell at a store like Publix or Walmart?
Possibly. You generally must show the store had actual or constructive knowledge of the hazard — such as a spill that sat long enough that employees should have cleaned it. Store surveillance video and inspection logs are key, and they can be erased quickly, so act fast.
Talk to a St. Petersburg Slip and Fall Lawyer Today
If you were injured in a slip, trip, or fall on someone else’s property in St. Petersburg or anywhere in Pinellas County, do not let the insurance company decide what your case is worth. Call Jorgensen Law, P.A. at (727) 347-7733 for a free, no-obligation consultation. There is no fee unless we win — and the sooner we start, the more evidence we can protect.
Related reading: What to do after a slip and fall in a Florida store (step-by-step).
Prefer to write? Send us a confidential message and we will respond promptly.
