Understanding Slip and Fall Liability in Florida — and How to Reduce the Risk
Slip and fall accidents are one of the leading causes of personal injury lawsuits in Florida, particularly for businesses open to the public. Property owners, facility managers, and business operators are legally required to maintain safe walking surfaces — and failure to do so can result in significant financial liability.
At Walkway Management, we help Florida businesses prevent slip-and-fall accidents, we document due diligence, and defend against claims using certified slip resistance testing and proactive floor safety programs. We make sure your property is compliant with current walkway safety standards.
Florida Slip and Fall Law: What Property Owners Must Know
Florida Statute §768.0755 governs slip-and-fall claims involving transitory foreign substances in business establishments. To succeed, a plaintiff must prove the property owner had actual or constructive knowledge of a dangerous condition and failed to correct it.
Constructive knowledge may be established if the hazard existed long enough to be discovered, or if the condition occurred regularly and was therefore foreseeable.
✅ How We Help
We conduct British Pendulum Slip Resistance Testing (ASTM E303) — to analyze and determine the risks of a slip and fall on your floors — and then we provide court-defensible documentation demonstrating that you are actively mitigating hazards in order to keep your employees and customers safe.
Who Can Be Held Liable for Slip and Fall Accidents in Florida?
Slip-and-fall liability may extend to:
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Property owners
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Facility and operations managers
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Maintenance and janitorial contractors
When an accident occurs, responsibility is often disputed — increasing legal exposure for everyone involved.
✅ How We Help
We audit your cleaning vendors, evaluate maintenance practices, and help establish a coordinated floor safety plan that reduces confusion, prevents incidents, and limits liability across all parties.
Florida’s Duty of Care: Are You Meeting the Standard?
Florida law applies different duties of care depending on the person involved:
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Invitees (customers, tenants): Highest duty of care
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Licensees (social guests): Duty to warn of known hazards
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Trespassers: Limited duty, with exceptions
Meeting minimum legal requirements is not always enough — especially in high-risk environments.
✅ How We Help
We help businesses exceed baseline requirements by aligning with:
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ASTM, ANSI, ADA and OSHA guidance
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Slip-resistant flooring recommendations
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Proper signage, matting, and maintenance protocols
—all backed by measured, documented slip resistance data.
Common Floor Hazards That Trigger Slip and Fall Lawsuits
The most frequent causes of slip-and-fall claims include:
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Wet floors from spills or improper cleaning
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Grease and oil contamination
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Worn or smooth flooring surfaces
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Uneven walkways, slopes, or transitions
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Poor lighting or missing handrails
✅ How We Help
We perform site-specific slip risk assessments, including:
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British Pendulum testing (ASTM E303)
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DCOF testing with BOT-3000E for monitoring (if applicable)
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Surface roughness analysis
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Slope and drainage evaluation
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Lighting and visibility review
If it can contribute to a fall — we evaluate it.
Legal Defenses in Florida Slip and Fall Cases
Florida follows comparative negligence (Fla. Stat. §768.81), meaning fault may be shared. However, relying on this alone is risky.
Common defenses include:
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The hazard was open and obvious
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The owner lacked actual or constructive knowledge
✅ How We Help
We provide objective proof of ordinary care, including:
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Routine slip resistance testing records
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Certified reports from qualified safety experts
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Ongoing floor safety monitoring programs
These documents are frequently used by defense attorneys, insurers, and forensic experts.
Proactive Slip and Fall Risk Management: Best Practices
Effective prevention includes:
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Routine floor inspections
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Written cleaning and maintenance logs
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Immediate hazard mitigation
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Proper warning signage
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Incident documentation protocols
✅ How We Help
Our turnkey risk management programs include:
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Certified slip resistance testing (Pendulum & BOT-3000E)
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Surface roughness and wear monitoring
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Training for janitorial staff on non-slip cleaning methods
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Matting and flooring selection consulting
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Incident response and forensic documentation support
After a Slip and Fall Incident: What to Do Next
Your response after an incident can directly impact liability exposure.
Immediate steps should include:
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Providing medical assistance
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Securing the area
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Photographing the scene
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Gathering witness statements
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Completing an internal report
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Consulting legal counsel
✅ How We Help
We offer rapid-response slip testing, often within 24 hours, using the British Pendulum Tester, along with expert reports designed to support legal defense and insurance investigations.
Our reports are routinely used in litigation — and can be the difference between case dismissal and substantial settlements.
Conclusion: Compliance Alone Is Not Enough
Florida law places responsibility squarely on property owners and operators. But with the right testing, documentation, and proactive safety measures, liability can be reduced, managed, and defended.
We don’t just help you comply — we help protect your business.
👉 Contact Walkway Management today to schedule certified slip resistance testing or request a free floor safety consultation.







