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By Stephen Schahrer
Attorney

A routine trip to the grocery store can quickly turn into a painful ordeal if you slip and fall due to a wet floor, spilled product, or uneven surface. In Florida, supermarkets have a legal obligation to keep their premises reasonably safe for customers. If they fail to do so, and you’re injured as a result, you may be entitled to compensation.

At Boatman Ricci, we help clients across Naples, Fort Myers, and throughout Southwest Florida understand their rights and take action after a slip and fall injury. This blog outlines Florida’s premises liability laws, what you need to prove to hold a store accountable, and how to protect your rights.

Florida Premises Liability Law: The Basics

Slip and fall cases fall under the broader category of premises liability—a legal concept that holds property owners (including businesses) responsible for maintaining safe conditions.

Under Florida Statutes §768.0755, a business like a supermarket may be held liable if a person slips and falls due to a “transitory foreign substance” (such as water or spilled food) and the injured party can prove that the store had:

  • Actual knowledge of the dangerous condition, or
  • Constructive knowledge, meaning the hazard existed long enough that the store should have discovered and corrected it through ordinary care

Common Causes of Supermarket Slip and Fall Accidents

Supermarkets can be hazardous when proper safety procedures aren’t followed. Common slip and fall risks include:

  • Wet or recently mopped floors without warning signs
  • Spilled produce, beverages, or broken containers
  • Leaking refrigeration units or freezers
  • Torn floor mats or uneven tile
  • Poor lighting in aisles or entryways
  • Debris, trash, or misplaced items in walking paths

Your Rights as an Injured Customer

If you are injured in a supermarket slip and fall, you may be entitled to pursue compensation for:

  • Medical expenses (emergency care, surgery, rehab, etc.)
  • Lost wages or loss of earning capacity
  • Pain and suffering
  • Permanent disability or disfigurement
  • Out-of-pocket costs (transportation, medications, etc.)

In some instances, if the store’s actions were especially reckless or negligent, you may also be able to seek punitive damages.

What You Need to Prove

In Florida, winning a supermarket slip and fall claim typically requires demonstrating the following:

  • A dangerous condition existed on the property (e.g., wet floor, leaking cooler)
  • The supermarket knew or should have known about the hazard
  • The supermarket failed to take reasonable steps to fix or warn you about the danger
  • You suffered injuries as a direct result of the fall

Because these cases often hinge on what the store “should have known,” evidence is key. That’s why acting quickly is important.

What to Do After a Slip and Fall at a Florida Supermarket

To protect your rights, take the following steps immediately after a fall:

  • Report the incident to store management and request an incident report
  • Document the scene: take photos of the hazard, surrounding area, and any visible injuries
  • Get contact information from witnesses
  • Seek medical attention right away—even if injuries seem minor
  • Keep all receipts, records, and communication with the store or its insurance company
  • Do not sign anything or provide recorded statements without speaking to a lawyer

How Long Do I Have to File a Claim?

Under Florida law, you generally have two years from the date of the injury to file a personal injury lawsuit (as of a legislative change in 2023). However, it’s best to speak with an attorney as soon as possible, as important evidence, like security footage, can disappear quickly.

How Boatman Ricci Can Help

Slip and fall cases against supermarkets are rarely straightforward. Grocery chains and their insurers often deny responsibility or try to blame the victim. At Boatman Ricci, we help level the playing field by:

  • Investigating the accident and preserving critical evidence
  • Interviewing witnesses and consulting with safety experts
  • Negotiating with the supermarket’s insurance company
  • Filing a premises liability lawsuit if necessary to recover fair compensation

We understand how to navigate Florida’s legal system and fight for the full recovery our clients deserve.

Your Trusted Naples, Florida Personal Injury Lawyers

If you’ve been injured in a slip and fall at a Publix, Walmart, Target, or any other Florida supermarket, you have legal rights—and Boatman Ricci is here to protect them. With offices in Naples and Fort Myers, our experienced personal injury team is ready to help you take the next step.

Contact us today to schedule your consultation.

About the Author
Mr. Schahrer has a diverse professional background including experience working for the Florida State Legislature, the United States Marshals Service headquarters in Washington D.C., and the local non-profit, St. Matthew’s House. He joined Boatman Ricci as a Law Clerk in 2016 and worked with the Firm throughout his time in Law School and then joined the Firm as an Associate Attorney. In his spare time, Mr. Schahrer enjoys training and teaching Martial Arts and spending time with his family in beautiful Naples, FL.