A fall in a store or parking lot can leave you with a broken wrist, a hip injury, or months of therapy, and then the business tells you to watch where you walk. A New Port Richey slip and fall lawyer at Roman Austin can look past that response to the evidence Florida law actually requires.
Our firm represents people hurt in falls at grocery stores, big-box retailers, restaurants, apartment complexes, and other properties throughout New Port Richey and west Pasco County. Consultations are free, our intake team answers 24/7, and you can call (727) 787-2500 to talk with us.
What Do You Have to Prove in a Florida Slip and Fall Case?
If you slipped on a spill or other transitory substance in a business, Florida law requires you to prove the business knew or should have known about the hazard and failed to fix it. That rule comes from section 768.0755, and it makes Florida one of the more demanding states for these claims.
Actual Knowledge vs. Constructive Knowledge
Actual knowledge means an employee saw or was told about the hazard. Constructive knowledge means the business should have known, and the statute allows it to be shown with circumstantial evidence in one of two ways:
- The dangerous condition existed long enough that the business should have discovered it with ordinary care.
- The condition occurred with regularity, so it was foreseeable.
A spill that sat in an aisle long enough to collect cart tracks, or a cooler that leaks every week, can meet this standard. A spill that appeared seconds before your fall usually cannot, which is why the timeline matters so much.
Why This Standard Favors Early Legal Help
The proof of how long a hazard existed usually sits in the store's own records and cameras. Without a lawyer requesting that evidence quickly, the business controls what survives, and that often decides whether a claim moves forward or gets dismissed.
The Evidence That Wins a Pasco County Fall Claim
Fall claims are built on records that businesses keep for a short time. The most important evidence usually includes:
- Surveillance footage, which many systems overwrite automatically within days or weeks.
- Sweep and inspection logs showing when employees last checked the area.
- The incident report the store prepared after your fall.
- Employee and customer statements about the hazard and how long it was there.
- Your own photos of the floor, lighting, and your shoes and clothing.
We send a preservation letter, sometimes called a spoliation letter, as soon as we are retained. It puts the business on notice that it must keep the footage and records, which gives a court grounds to address the loss if evidence later disappears.
Hazards Behind New Port Richey Slip and Fall Injuries
Different hazards fall under different legal standards, so identifying exactly what caused the fall is the first step.
| Hazard | Common locations | Likely legal standard |
|---|---|---|
| Spills and wet floors | Grocery aisles, restrooms, restaurants | Transitory substance rule, section 768.0755 |
| Produce debris and ice | Produce sections, refrigerated cases | Transitory substance rule |
| Tracked-in rainwater | Store entrances during afternoon storms | Transitory substance rule |
| Broken pavement and uneven sidewalks | Parking lots, walkways | General premises liability |
| Poor lighting, missing handrails, curled mats | Stairs, apartment common areas, entryways | General premises liability |
Trips over permanent defects are usually analyzed under ordinary premises liability rather than the transitory substance statute. Our blog explains the difference between a slip and fall and a trip and fall in more detail.
Where Do Fall Injuries Happen Around New Port Richey?
Many fall claims in our area start at retail centers along US-19 and State Road 54, where heavy foot traffic and Florida's summer storms combine. Each property type raises its own questions.
Stores, Restaurants, and Medical Offices
Grocery and big-box stores face the transitory substance standard for spills. Restaurants often involve grease, drinks, or freshly mopped floors. Medical office falls may involve wet entryways or poorly marked steps.
Apartments, Condominiums, and Care Facilities
Apartment and condominium common areas are often controlled by a landlord or association, which owes residents and guests reasonable care. Falls in assisted living or long-term care settings can involve additional resident-protection rules, so we review those situations individually.
Results That Speak Directly to What We Do
Can You Recover If the Store Says the Fall Was Your Fault?
You can still recover in Florida if you were partly at fault, as long as your share is 50% or less. Under section 768.81, damages are reduced by your percentage of fault, and a person more than 50% at fault recovers nothing.
Businesses commonly argue the hazard was open and obvious or that the customer was looking at a phone. We answer those arguments with the scene evidence, lighting conditions, product displays that drew attention away from the floor, and the business's own inspection practices.
How Long Do You Have to File a Slip and Fall Claim in Florida?
Most Florida slip and fall claims must be filed within two years under section 95.11(5)(a). Falls on government property follow separate notice rules, and other exceptions can apply.
Where Pasco County Fall Cases Are Filed
Fall cases arising in New Port Richey are often filed in Pasco County, part of Florida's Sixth Judicial Circuit, with civil matters handled at the West Pasco Judicial Center in New Port Richey. The proper venue depends on the defendant and other factors.
Why New Port Richey Residents Call Roman Austin
Slip and fall cases are about preparation more than argument. Our team moves quickly on evidence and keeps clients informed from start to finish.
- Founder Mark S. Roman is a Board Certified Civil Trial Lawyer through The Florida Bar.
- Our New Port Richey office on Seven Springs Boulevard serves west Pasco and Trinity.
- More than 1,200 clients have given our firm five-star Google reviews.
Our New Port Richey personal injury attorneys also handle New Port Richey car accident claims, so we know local courts and insurers. Results depend on the facts of each case. Call (727) 787-2500 for a free consultation.
FAQs: New Port Richey Slip and Fall Lawyer
What if there was no wet floor sign?
A missing wet floor sign can support a Florida slip and fall claim, but it does not prove one by itself. You still generally need to show the business knew or should have known about the hazard, and the lack of a warning helps show it failed to act.
How do I get the store's surveillance video?
Stores in Florida usually do not release surveillance video directly to injured customers. A lawyer can send a preservation letter right away and later obtain the footage through formal discovery if a lawsuit is filed.
Should I give the store's insurance company a recorded statement?
Giving a recorded statement to a store's insurer after a Florida fall is generally not required, and it can be used to argue you were careless. Many people choose to speak with a lawyer first.
Who pays my medical bills after a fall at a business?
Medical bills after a Florida fall are usually paid first by your own health insurance, Medicare, or Medicaid, and some businesses carry medical payments coverage. Those payers may seek reimbursement from any later settlement.
What is my New Port Richey fall case worth?
The value of a New Port Richey fall case depends on your injuries, medical costs, lost income, how fault is divided, and whether the evidence shows the business knew about the hazard. Strong notice evidence often matters as much as the injury itself.
Get Answers Before the Evidence Is Gone
Attorney and Founder
The records that prove a fall claim do not last long, but you do not have to chase them while you heal. Roman Austin can step in, preserve the evidence, and handle the business and its insurer.
Call (727) 787-2500 any time to talk with our west Pasco injury team for free.
Past results do not guarantee a similar outcome. Each case is unique and must be evaluated on its own merits.