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Florida Slip-and-Fall Law Just Changed: What the 50% Rule Means for Your Injury Claim

Nov 21, 2025 | Premises Liability Law

Florida Slip-and-Fall Law Just Changed: What the 50% Rule Means for Your Injury Claim

If you’ve been injured in a slip-and-fall in Florida, the stakes are higher than ever. A 2023 legal change means that if you’re found more than 50% at fault for your fall, you may be barred from recovering any damages. In this post, we break down what that means, what to do after a fall, and how to build a strong case under Florida’s new premises liability laws.

Slip-and-fall hazards like this are common causes of serious injuries in Florida stores.

What Is a Slip-and-Fall Case in Florida?

Slip-and-fall injuries fall under Florida’s premises liability law, which holds property owners responsible when they fail to maintain safe environments. Common hazards include:

  • Wet or freshly mopped floors with no warning signs

  • Broken steps, cracked tiles, or uneven flooring

  • Poor lighting in stairwells or parking lots

  • Loose rugs or objects left in walkways

When these conditions lead to injury, the property owner may be held liable.

What to Do Immediately After a Slip-and-Fall

Taking quick action after a fall can make or break your case:

  • Take photos or videos of the area and hazard

  • Report the incident to the property owner or store manager

  • Request an incident report copy

  • Get medical attention — even if injuries seem minor

  • Collect witness contact information

  • Avoid giving recorded statements to insurance adjusters

Florida’s New 50% Fault Rule: Why It Matters

In 2023, Florida passed House Bill 837, replacing pure comparative negligence with modified comparative fault.

Here’s how it works now:

  • If you are 50% or less at fault, you can still recover damages (reduced by your fault percentage)

  • If you are 51% or more at fault, you get nothing

For example, if you’re awarded $100,000 but found 40% at fault, you receive $60,000. But if found 51% at fault, you get $0. This makes fault a critical issue in every slip-and-fall case.

Florida Statute §768.81 – Comparative Fault

How to Prove You Weren’t at Fault

To stay under the 50% threshold, you must build strong evidence:

  • Clear photos of the hazard and surroundings

  • Statements from witnesses

  • Medical records showing injury due to the fall

  • Any video surveillance footage

  • A detailed incident report from the property

The stronger your proof, the harder it will be for the defense or insurance company to shift blame onto you.

Why You Should Talk to a Lawyer Now

A local Florida attorney can help you:

  • Secure surveillance and maintenance records before they disappear

  • Handle communications with insurers who may twist your words

  • Present your case in a way that minimizes your share of fault

  • Navigate Florida’s new laws and reduced statute of limitations (now just 2 years for personal injury claims)

With the 50% rule in play, even a small misstep in your case could cost you everything.

Final Thoughts

Slip-and-fall accidents can lead to serious injuries — and serious legal complications. Under Florida’s new 50% fault rule, if you’re found just slightly more responsible than the property owner, you walk away with nothing. The key is fast action, solid documentation, and expert legal guidance. Don’t risk your claim by waiting too long or going it alone. Contact an experienced Florida slip-and-fall attorney to protect your rights and fight for what you’re owed.