Who is liable for a slip and fall at a grocery store in Miami?

By: David W. Lipcon, Esq.

A grocery store is liable for a slip and fall when it knew about the hazard, or should have known about it, and failed to clean it up or warn customers. Florida law places that burden of proof on the injured shopper, which makes these cases turn almost entirely on what the store knew and when it knew it.

That is a demanding standard, but it is met regularly with the right evidence, most of which the store itself controls. Getting to that evidence early is usually what separates a provable claim from a denied one.

Contact the Miami slip and fall attorneys at Lipcon & Lipcon, P.A. for a free consultation, or call (305) 670-6144. We can move quickly to preserve store video before it is overwritten.

What law applies to a grocery store fall?

Florida has a statute written specifically for this situation. § 768.0755 governs slip and falls caused by a transitory foreign substance in a business establishment. It requires the injured person to prove the business had actual or constructive knowledge of the dangerous condition and should have taken action. This statute has been law since 2010, so it applies to grocery store falls regardless of the more recent 2023 changes to Florida negligence law. It is a common misconception that this burden was created in 2023; the rule is older than that.

What is a transitory foreign substance?

The phrase sounds technical but the meaning is simple. It is something temporary on the floor that does not belong there. In a grocery store that usually means:

• Spilled liquids such as water, juice, milk, or cleaning products
• Dropped produce, especially grapes, lettuce, and berries
• Melted ice or condensation near freezer and cooler cases
• Rainwater tracked in near entrances on a wet Miami afternoon
• Broken jars, spilled powders, or leaking packaging

The same standard applies whichever store you were in. Miami shoppers move through chains such as Publix, Walmart, Target, and Sedano’s, and the legal test does not change from one to another. What changes is the evidence each store keeps and how quickly it can be obtained.

What is the difference between actual and constructive knowledge?

This distinction decides most grocery store cases. Actual knowledge means someone at the store knew the hazard was there, because an employee created the spill, saw it, or was told about it. Constructive knowledge means the store should have known. Actual knowledge is stronger but harder to find, so most cases are built on constructive knowledge. Proving it is a matter of showing what a reasonably careful store would have caught.

How do you prove constructive knowledge?

The statute gives two routes, and both rely on circumstantial evidence:

• The condition existed long enough. If the substance sat on the floor long enough that the business, using ordinary care, should have discovered it, that supports constructive knowledge.
• The condition occurred with regularity. If the hazard happened often enough that it was foreseeable, such as a cooler that always leaks or an entrance that always floods when it rains, that also supports it.

The second route is often overlooked and can be the stronger one, because a recurring problem shows a store that tolerated a known risk rather than a store caught by a one-time accident. Employees often know exactly which cooler leaks or which entrance floods, and that knowledge can be drawn out in testimony.

What evidence shows how long a spill was there?

Time is the central question, so evidence that establishes it carries the most weight:

• Surveillance video. The best proof of when the substance hit the floor and how long it sat.
• Inspection and sweep logs. Records of when the aisle was last checked, and gaps in that record.
• The condition of the substance. Dirty, tracked-through, or dried liquid suggests it had been there a while.
• Cart tracks and footprints. Physical evidence that other shoppers passed through it before you.
• Employee testimony. What staff saw, when they last inspected, and what the store required of them.
• Prior incident reports. Other falls at the same spot, which support the recurring-condition route.

Notice how much of that list belongs to the store. That is why the first move in these cases is aimed at the store’s own records.

Why does surveillance video disappear?

Most grocery stores record continuously and overwrite older footage automatically, often within days or a few weeks. Nothing improper needs to happen for the video of your fall to vanish; the system simply loops. Once a store is on written notice to preserve the footage, it has a legal duty to keep it, and a failure to do so after that notice can carry consequences in the case. A prompt preservation letter is therefore one of the most valuable early steps, and it is a common reason people contact a lawyer within days rather than weeks.

What should you do after falling in a store?

The steps you take in the store shape everything that follows:

• Report the fall to a manager and ask that an incident report be created
• Ask for a copy, or at least the report number and the manager’s name
• Photograph the substance, the floor, the surrounding area, and any warning signs or their absence
• Note whether any cones or wet floor signs were actually posted
• Get the names and numbers of shoppers who saw it
• Keep the shoes and clothing you were wearing, unwashed
• See a doctor promptly, even if you feel only sore

Avoid speculating about fault or saying you are fine, since both tend to reappear later in the claim. Adjusters routinely quote a shopper who said they were fine while still on the floor.

Does it matter if the store posted a wet floor sign?

It matters, but it does not end the case. A warning sign can show the store knew about the hazard, which supports actual knowledge. At the same time, the store will argue the sign discharged its duty and that you should have seen and avoided the spill. Whether a warning was adequate depends on where it was placed, whether it was visible from your direction of travel, and whether the store should have cleaned the hazard rather than merely flagged it. A cone placed after your fall proves nothing about the moments before it.

How does comparative negligence apply?

Florida uses modified comparative negligence under § 768.81. If you were partly at fault, your damages are reduced by your percentage of fault, and if you are found more than 50% at fault you recover nothing. Stores commonly argue that a shopper was distracted, looking at shelves, wearing unsafe shoes, or ignored a posted warning, so anticipating those arguments with evidence is part of building the case.

Who can be held responsible?

The store operator is the usual defendant, but not always the only one. Depending on the circumstances, responsibility can also reach a separate property owner or landlord for conditions outside the store, a cleaning or maintenance contractor that serviced the floors, or a vendor that stocked and maintained a leaking display. Each may carry its own insurance, so identifying every responsible party matters. In a leased space, the division of responsibility is often spelled out in the lease itself.

What damages can you recover?

A successful claim can cover past and future medical bills, lost wages and reduced earning capacity, pain and suffering, and out-of-pocket costs tied to the injury. Grocery store falls frequently produce fractures of the wrist and hip, torn rotator cuffs, herniated discs, and head injuries, and the value of a claim tracks the seriousness and permanence of the harm rather than the drama of the fall itself. Documenting how the injury affects daily life is as important as the medical records.

How long do you have to file a claim in Florida?

Generally two years. Under § 95.11(4)(a), claims arising on or after March 24, 2023, must be filed within two years of the fall. The practical deadline is much shorter, because the video that proves your case may be gone within weeks. Waiting until the deadline approaches often means the strongest evidence no longer exists.

Talk to a Miami slip and fall lawyer

Lipcon & Lipcon, P.A. has represented injured people across Miami and South Florida since 1993. Founding partner David W. Lipcon has practiced law in Florida since 1992 and handles premises liability claims throughout Miami-Dade, including falls in grocery stores and retail businesses. If you were hurt in a fall at a store, contact our Miami office for a free consultation or call (305) 670-6144.

Frequently Asked Questions

Who is liable for a slip and fall at a grocery store?

The business is liable when it had actual or constructive knowledge of the hazard and failed to fix it or warn. § 768.0755 places that burden of proof on the injured customer.

What is a transitory foreign substance in Florida law?

It is a temporary substance on the floor that does not belong there, such as spilled liquid, produce, or tracked-in rain, governed by § 768.0755.

How do you prove a store knew about a spill?

Through surveillance video, inspection and sweep logs, employee testimony, and evidence that the substance sat long enough or recurred often enough that the store should have known.

How long does a store keep surveillance video?

Many systems overwrite footage within days or weeks. A written preservation letter sent quickly is often what keeps the video from being lost.

How long do you have to sue a store in Florida?

Generally two years from the date of the fall for incidents on or after March 24, 2023, under § 95.11(4)(a).

For more on premises injury claims, visit our Miami slip and fall lawyer page.