Slip and fall accidents can happen anywhere: a wet floor in a grocery store, a broken staircase in an apartment complex, a pothole in a restaurant parking lot. When these accidents cause serious injuries, the property owner or manager may be legally responsible.
Slip and fall injuries in Tampa frequently occur at International Plaza, WestShore Plaza, Busch Gardens Tampa Bay, the Florida Aquarium, the Tampa Riverwalk, Armature Works, Ybor City, SoHo (South Howard Avenue), Amalie Arena, and Raymond James Stadium, as well as apartment complexes, office buildings, and parking lots throughout Hillsborough County.
At Monge & Associates Injury and Accident Attorneys, our Tampa slip and fall lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Tampa or anywhere in Hillsborough County, speak with our legal team at (813) 945-6188 or toll-free (888) 653-0605.
Proving Premises Liability in Florida
To succeed in a slip and fall case in Florida, your attorney must establish four elements.
Duty of care. Florida law requires property owners and occupiers to exercise reasonable care to keep premises safe for visitors. Business invitees (customers, clients) are owed the highest duty of care. The property owner must inspect for hazards, repair known dangers, and warn visitors of conditions that are not immediately obvious.
Knowledge of the hazard. You must show the property owner had actual or constructive knowledge of the dangerous condition. Under Florida law, constructive knowledge can be established if the condition existed long enough that a reasonable owner would have discovered it through routine inspection, or if the condition occurred with regularity. Surveillance footage, maintenance logs, and prior incident reports are critical evidence.
Failure to address the hazard. The owner must have failed to fix the hazard, warn visitors about it, or take reasonable steps to prevent injuries. Warning signs alone may not be sufficient if the owner had time to repair the condition.
Causation. The hazardous condition directly caused your fall and your resulting injuries.
Modified Comparative Negligence (51% Bar): Under Florida’s modified comparative negligence rule, if you are found 51% or more at fault, you cannot recover any compensation. Insurance companies may argue you were not paying attention, were wearing inappropriate footwear, or ignored visible warnings. Every percentage point of fault they can attribute to you directly reduces your compensation — and pushing you past 50% eliminates it entirely.
What to Do After a Slip and Fall in Tampa
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. You must seek treatment within 14 days to preserve your PIP benefits. Tampa General Hospital (a Level I trauma center), AdventHealth Tampa, St. Joseph’s Hospital, and James A. Haley Veterans’ Hospital can provide immediate care.
2. Report the Incident. Notify the property owner or manager. Request a written incident report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. Insurance companies will use anything you say to increase your percentage of fault and reduce your recovery under Florida’s modified comparative negligence rule.
5. Contact a Tampa Slip and Fall Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Compensation Available in Tampa Slip and Fall Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage. There is no cap on economic damages in Florida.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium. Florida does not cap non-economic damages in most personal injury cases, though HB 837 changed the rules for medical billing evidence presented to a jury.
Punitive Damages: In cases involving intentional misconduct or gross negligence, Florida courts may award punitive damages (capped at three times the compensatory damages or $500,000, whichever is greater, under Fla. Stat. § 768.73).
Tampa Slip and Fall FAQs
How long do I have to file a slip and fall lawsuit in Tampa?
Florida gives injury victims two years (Fla. Stat. § 95.11(3)(a), as amended by HB 837, effective March 24, 2023) to file a lawsuit.
Can I still recover if I was partially at fault?
Florida follows modified comparative negligence with a 51% bar. You can recover compensation if you are 50% or less at fault, but your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you are barred from recovery entirely. Legal representation helps minimize the fault attributed to you.
Where will my Tampa case be heard?
Most cases are heard in the Hillsborough County Circuit Court, part of the Thirteenth Judicial Circuit.
How much does a Tampa slip and fall lawyer cost?
Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Office
Monge & Associates Injury and Accident Attorneys
2701 W Busch Blvd
Tampa, FL 33618
Local Phone: (813) 945-6188
Toll-Free: (888) 653-0605
Hours: Open 24 hours, 7 days a week
Contact a Tampa Slip and Fall Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Tampa, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (813) 945-6188 or toll-free (888) 653-0605, or contact us online for a free consultation.