Orlando Slip and Fall Attorney

Why Choose Louis Berk Law Slip and Fall Attorneys (Orlando & Deltona)

Choosing the right lawyer is about more than a friendly intake — it’s about experience, fast action, and clear communication from day one.

At Louis Berk Law, we combine deep knowledge of Florida slip-and-fall litigation with genuine compassion, so you stay informed and protected every step of the way.

Experience With Florida Slip & Fall Law

Our strategy is built around Florida’s proof requirements, including the transitory foreign substance statute (§ 768.0755), which demands proof that a business knew, or should have known, of a dangerous condition.

We also review negligent-security factors (like foreseeability) and building-safety issues such as elevator or escalator certifications under Chapter 399.

This local fluency is why clients choose Orlando slip-and-fall attorneys who know how Florida courts think and what evidence wins.

Results & Client Testimonials

You shouldn’t have to take our word for it. Visit our Results page to see verified case summaries and real recoveries across Florida.

We believe trust is earned through transparency and outcomes, not slogans, that’s how a serious injury firm should operate.

Bilingual Representation (English & Spanish)

Clear communication can change the outcome of a case. If you’re more comfortable en español, our bilingual team can manage everything, from intake to negotiations and trial, entirely in Spanish.

Clients looking for the best slip and fall attorney in Orlando get guidance in the language they understand best.

Free Consultation in Orlando & Deltona

After a fall, time matters: surveillance footage can be overwritten, and lost evidence can harm your claim.
Florida now enforces a two-year statute of limitations for negligence (for cases after March 24, 2023), so acting quickly protects your rights.

Speak with an Orlando slip and fall accident attorney today — your consultation is free, focused, and pressure-free.
While you focus on recovery, we’ll move fast to protect your claim by:

• Sending preservation letters to secure CCTV, cleaning logs, and incident reports before they disappear.
• Organizing medical bills and records to track treatment and filing deadlines.
• Taking over insurer communication and preparing a strong, evidence-based demand when you’re ready.}
  

What To Do After a Slip, Trip, or Fall (First 48 Hours)

The first 48 hours are critical, for your health and your case. Florida law requires proof that a business knew or should have known about the hazard, so what you do right now can make or break your claim.

Your Immediate Action Checklist

1. Get medical care right away.‍

Even if the pain feels minor, get checked. Some injuries — like concussions or soft-tissue damage — don’t show up immediately. Early treatment creates the medical record your claim will need.

2. Photograph everything.‍

Take clear photos or video of the spill, debris, lighting, and warning signs from multiple angles. These details can help show how long the hazard existed — key under Florida’s constructive-knowledge rule (§ 768.0755).

3. Report the incident.‍

Tell management what happened and ask for an incident report or reference number. Write down employee names and politely request that they preserve security footage, cleaning logs, and maintenance records.
If possible, make this request in writing — some Florida courts won’t require preservation without it.

4. Save your shoes and clothing.‍

Don’t wash them. Place each item in a separate bag — tread wear or residue could become crucial evidence later.

5. Send a preservation letter.‍

A written notice asking the business to retain video and records helps prevent spoliation (destruction of evidence). Florida courts often tie preservation duties to such requests.

💡 Louis Berk Law Tip: If you suspect evidence might disappear, contact an Orlando slip and fall attorney immediately. We can send formal preservation letters before video is overwritten or logs rotate, protecting your proof from day one.

Do You Have a Case? Slip and Fall Cases in Florida Explained

To win a slip and fall case in Florida, you must prove four things:

1. The property owner or manager owed you a legal duty of care
2. They breached that duty by failing to fix or warn about a hazard
3. That breach caused your injury
4. You suffered real, compensable damages (medical bills, lost wages, pain and suffering)

This is the same duty–breach–causation–damages framework used in Florida’s Civil Jury Instructions.

If you’re unsure how your fall fits these rules, our team will map your status, analyze the duty owed, and preserve video or records before they disappear.

The “Transitory Substance” Rule & Business Notice Requirement

When a fall happens in a business, Florida adds a key requirement under §768.0755: you must show the business knew, or should have known, about the dangerous condition and failed to fix or warn.

This can be proven in two ways:

• The condition existed long enough that the store should have discovered it, or
• The hazard happened regularly, creating a pattern the business should have addressed.

Evidence that helps prove notice: Photos, timestamps, witness statements, cleaning/sweep logs, and security video. Even small details, footprints, old spill marks, or recurring leaks, can strengthen your case under this rule.

Invitee, Licensee, or Trespasser: Why Status Matters

Florida law defines your rights based on your status on the property:

Children & the “Attractive Nuisance” rule: Even if a child trespasses, a property owner may still be liable if a dangerous feature (like an unfenced pool or machinery) was likely to attract children who can’t understand the risk.

💡 Summary: Whether you were a shopper, visitor, or passerby, the key question is what the property owner knew — and when they knew it. Our Orlando slip and fall attorneys can quickly identify the right legal duty and preserve the evidence that proves it.

Common Causes of Slip and Fall Accidents

Understanding what caused your fall is the first step toward proving liability. At Louis Berk Law, our Orlando slip and fall attorneys have helped countless clients injured in accidents caused by unsafe property conditions — many of which could have been prevented with proper maintenance and care.

Wet or Slippery Surfaces

Spills, leaks, and freshly mopped floors are among the most common culprits in Florida slip and fall claims.
When a business fails to clean up or warn visitors with proper signage, they may be held responsible for resulting injuries — whether the fall happened in a restaurant, hotel, or grocery store.

Poor Maintenance and Repairs

Broken steps, cracked pavement, and uneven sidewalks are more than just eyesores — they’re legal hazards.

Property owners and landlords have a duty to maintain safe conditions and repair structural issues promptly. When they don’t, their inaction can directly cause a fall and expose them to liability.

Cluttered or Blocked Walkways

In busy commercial spaces, cluttered aisles and blocked exits not only violate safety standards — they make accidents inevitable.

If debris, boxes, or equipment created the hazard, the property owner or manager may still be liable for failing to keep public areas clear and walkable.

Contributing Factors That Increase Risk

Several other conditions can make a fall more likely or more severe:

• Low Lighting: Dim stairwells or parking lots hide hazards that should have been visible.
• Weather Conditions: Rain, humidity, or condensation make indoor floors slick, especially near entrances.
• Improper or Missing Signage: Without clear warnings, even a short-term hazard can lead to liability.

💡Summary: Every fall has a story. The key is documenting the cause quickly and proving it should never have happened in the first place.

Who Is Liable in a Slip and Fall Case?

In Florida, liability follows control, not just ownership. That means the person or company responsible for maintaining the area where you fell may be legally accountable, even if they don’t own the property.

Our Orlando slip and fall attorneys trace leases, management contracts, and maintenance agreements to identify everyone who shared control, since Florida law imposes duties on who had control, not just whose name is on the deed.

Who May Be Liable (and Why)

Other Possible Parties

Franchisors and corporate parents aren’t automatically liable. Florida courts look for actual control over daily operations or the specific hazard. Without that proof, or apparent-agency evidence, franchisors are usually not responsible for franchisee premises.

An experienced slip and fall attorney in Orlando will review franchise, service, and maintenance agreements to find who truly controlled the area and the hazard that caused your injury.

💡 Summary: In Florida, responsibility follows control. Multiple parties can share liability under the non-delegable-duty doctrine, that’s why identifying every entity involved early is key to protecting your claim.

How to Prove a Slip and Fall Case in Florida: The Evidence That Matters

In Florida slip and fall cases, success often comes down to one question: Did the business know — or should it have known — about the hazard?

That’s called constructive notice, and it’s the heart of nearly every slip-and-fall claim under Florida law. To prove it, timing, records, and witness detail matter just as much as the photo of the spill itself.

Types of Evidence Used in Florida Slip and Fall Claims

Why Speed Matters

Most stores’ surveillance systems automatically overwrite video within days unless someone steps in.
If evidence disappears, courts can issue spoliation sanctions, but it’s far better to preserve it early.

💡 Louis Berk Law Tip: If proof feels at risk, contact an Orlando slip and fall attorney immediately. We send written preservation letters to lock down footage, cleaning logs, and records before they vanish.

Small Details That Often Prove “Time on Floor”

• Footprints, cart tracks, or drip trails through the liquid
• Drying rings or sticky edges showing the spill wasn’t fresh
• Prior incidents or recurring leaks in the same area

Each of these helps show constructive knowledge — that the hazard existed long enough for the business to notice and fix it.

💡Summary: The faster we align video, logs, and witness timelines, the stronger your case becomes under Florida’s constructive-notice rule — before anything gets overwritten or misplaced.

Slip and Fall Compensation in Florida: Medical Bills, Lost Wages, Pain & Suffering

If you’ve been hurt in a slip and fall accident, Florida law allows you to recover both economic losses (medical bills, lost wages, and future earnings) and non-economic damages (pain, emotional distress, loss of enjoyment of life).

For a full breakdown of how these numbers turn into real outcomes, see our detailed Slip and Fall Settlement Guide.

Types of Damages You Can Recover

Medical Bills After HB 837: What a Jury Can Hear

Florida’s HB 837 changed how juries view medical expenses. In short, they now see what was actually paid or allowed, not the inflated “sticker price.”

Here’s a quick summary of the main points:

• Paid bills: only the amount actually paid is admissible.
• Private insurance: jury sees what your plan would pay + your copay.
• Letter of Protection (LoP): limited to what insurance would have paid if billed.
• No coverage: 120% of Medicare (or 170% of Medicaid if no Medicare rate).
• Future care: same benchmarks apply — plan rates if insured, or 120% Medicare.

This law significantly impacts settlement values. A skilled Orlando slip and fall attorney will align your medical proof and bills with these admissibility limits so your case reflects true losses, not numbers that will be excluded later.

Common Arguments Insurers Use to Raise Your Fault

• “There were warning cones or signs you ignored.”
• “You were distracted by your phone.”
• “You wore the wrong shoes for the conditions.”
• “The hazard was open and obvious.”

If an adjuster is pushing you toward 51% fault, speak with a Florida slip and fall lawyer before you respond. We preserve scene evidence, document your actions, and keep any fault reduction tied to real facts — not assumptions.

💡Summary:  Florida’s updated laws (HB 837, §768.72–§768.81) changed how damages, evidence, and fault work in slip-and-fall claims.The right documentation — paired with a slip and fall lawyer who knows these updates — helps ensure your recovery reflects your real losses.

Timeline: How Long Do Orlando Slip & Fall Claims Take?

No two cases move exactly the same way, but most follow a clear pattern shaped by Florida’s two-year statute of limitations and the Ninth Judicial Circuit’s local court schedule once a lawsuit is filed.

In Orlando, civil cases receive a Uniform Case Management Order soon after filing. This order sets deadlines for discovery, mediation, and trial, with most cases reaching trial in about 18 months—if they don’t settle first.

Pre-Suit vs. Litigation: What to Expect

Florida’s Overall Timing Standards

Across Florida, civil jury cases are managed toward resolution within about 18 months under statewide Rule 2.250 time standards, with extra time only for complex matters.

If evidence or deadlines are at risk, an Orlando slip and fall attorney can coordinate medical care, gather records, and preserve surveillance before it’s lost — keeping your case compliant and moving.

💡Summary: The sooner you act, the more control you have. Early preservation and organized documentation often mean a faster, stronger result.

When to File a Slip and Fall Lawsuit in Florida (From Demand to Trial)

Most Orlando slip and fall claims begin with a demand and negotiation phase, but sometimes litigation becomes necessary.
You may need to file a lawsuit when:

• The insurer refuses a fair settlement offer
• Key evidence (like CCTV or sweep logs) isn’t being released
• Liability or damages are disputed
• The two-year statute of limitations is approaching

For a detailed, step-by-step breakdown of filing, discovery, and common pitfalls, visit our Complete Slip and Fall Lawsuit Guide.

Common Triggers to Move From Demand to Lawsuit

• Approaching the two-year filing deadline under Florida’s statute of limitations
• Evidence standoffs, where subpoenas are needed to obtain video or maintenance logs
• Disputed fault or injury value that requires depositions or expert testimony

What Happens After You File in Orlando

In Florida’s Ninth Judicial Circuit, civil cases are placed on a schedule almost immediately after filing. Within just a few business days, the court issues a Uniform Trial and Case Management Order that sets out the entire roadmap toward trial — from discovery deadlines to mediation.

Mediation and Case Management

Mediation is built into every Ninth Circuit case track. Judges expect parties to meet in good faith before trial, and deadlines are tied to the discovery schedule to encourage early resolution.

If evidence is being delayed or deadlines are closing in, a seasoned Orlando slip and fall attorney can step in — filing the complaint on time, using discovery to secure missing proof, and guiding your case through each phase efficiently.

💡Summary: Filing at the right time can preserve your strongest evidence and protect your claim. Don’t wait until deadlines force your hand — early action keeps you in control of the outcome.

Schedule Your Free Consultation Today

If you or a loved one has been injured in a slip and fall accident, don’t wait to seek legal help. Contact Louis Berk Law today to schedule a free, no-obligation consultation with one of our experienced orlando slip and fall attorneys.

Take the first step toward recovery with the support of a trusted slip and fall lawyer who understands your needs and fights for your rights.