Florida Cut the Slip and Fall Deadline From Four Years to Two: What Changed

Florida’s Two-Year Slip and Fall Deadline: What Injured Visitors Need to Know

Key Takeaways: HB 837, signed on March 24, 2023, cut Florida’s general negligence statute of limitations for most slip and fall claims from four years to two under Fla. Stat. § 95.11(5)(a). The reform also replaced pure comparative negligence with a modified system, so injured people found more than 50 percent at fault generally cannot recover damages. Tolling exceptions under Fla. Stat. § 95.051 are narrow and rarely help. Falls on government property carry separate pre-suit notice requirements and filing deadlines under Fla. Stat. § 768.28. HB 837 did not change the core elements of a claim, and the notice rules for transitory foreign substances under Fla. Stat. § 768.0755 still require proof of actual or constructive knowledge. Evidence such as surveillance footage can disappear quickly, so fall victims should document the incident and talk to an attorney early.

Florida’s deadline for most slip and fall lawsuits is now generally two years, not four. On March 24, 2023, Governor Ron DeSantis signed HB 837 into law, cutting the general negligence statute of limitations in half. The new deadline applies to most premises liability claims that accrued after that date. If you were hurt in a fall at a Fort Lauderdale grocery store, restaurant, apartment complex, or hotel, your clock may be running faster than you expect.

If you or a loved one was injured in a fall on someone else’s property, waiting may cost you your claim. HL Law Group, P.A. helps injured people across Broward County understand their rights and act before deadlines pass. Call (954) 713-1212 or schedule your free consultation today.

How HB 837 Changed Slip and Fall Claims in Florida

HB 837 changed both how long injured people have to file and how fault affects recovery. Before the reform, Florida gave negligence plaintiffs four years to sue under the former Fla. Stat. § 95.11(3)(a). Many injured people focused on medical treatment first. That approach is much riskier today.

The New Two-Year Filing Window

Under the current version of Florida’s statutes of limitations chapter, an action founded on negligence generally must be filed within two years. The provision now appears in Fla. Stat. § 95.11(5)(a). Most slip and fall cases are negligence claims, so they generally fall under this rule. If a case is filed late and the defendant raises the defense, it will usually be dismissed, no matter how strong the evidence.

When the New Deadline Applies

The two-year period applies to causes of action that accrued after HB 837 took effect on March 24, 2023. Falls before that date are generally governed by the prior four-year period. Those older claims expire by March 2027 at the latest, and many have already expired. Accrual dates can be disputed, so anyone unsure which rule applies should have a lawyer review the timeline.

The Modified Comparative Negligence Rule

HB 837 also replaced Florida’s pure comparative negligence system with a modified version for negligence actions filed after March 24, 2023. Under Fla. Stat. § 768.81(6), an injured person found more than 50 percent at fault for their own harm generally cannot recover damages. This rule does not apply to medical negligence actions. Before 2023, a plaintiff could generally recover a reduced amount even when mostly at fault. Property owners and insurers now have a strong reason to argue that the injured person was distracted, wore the wrong shoes, or ignored an "open and obvious" hazard.

Understanding the Premises Liability Statute of Limitations in Florida

The premises liability statute of limitations in Florida sets the outside deadline to file a lawsuit, but several factors can affect how it is calculated. In general, the clock starts on the date of the fall.

Tolling: When the Clock May Pause

Florida law lists specific situations that may toll, or pause, a limitations period under Fla. Stat. § 95.051. These include:

• Absence from the state of the person to be sued
• Use of a false name by the defendant, unknown to the injured person, that prevents service of process
• Concealment in the state by the defendant so that process cannot be served

Courts interpret these tolling exceptions narrowly, and none applies automatically. Section 95.051 also bars tolling on any ground the statute does not list. In most slip and fall cases, the defendant is a business or landlord that can be easily located, so tolling rarely helps. Do not count on an exception to save a late claim.

Government Property Claims Follow Separate Rules

A fall on property owned by a city, county, or state agency generally involves different procedures. Under Fla. Stat. § 768.28(6), claimants generally must give written notice to the appropriate agency, and to the Department of Financial Services when required, within three years after the claim accrues and before filing suit. Section 768.28 also sets its own lawsuit deadline, separate from the general two-year negligence rule. Early legal review is especially important for falls at municipal buildings, public parks, or Broward County facilities.

💡 Pro Tip: Write down the exact date, time, and location of your fall as soon as you can. A precise accrual date helps your attorney calculate the deadline correctly and plan any pre-suit notice steps.

What You Still Must Prove in a Florida Slip and Fall Case

HB 837 shortened the filing window but did not change the core elements of a slip and fall claim. An injured person generally must show that the property owner owed a duty of care, breached that duty by failing to maintain or inspect the premises, and caused injuries that resulted in damages.

Proving Actual or Constructive Knowledge

For falls on a transitory foreign substance in a business, Florida’s premises liability notice statute requires proof that the business knew or should have known of the hazard. Under Fla. Stat. § 768.0755, the injured person must show that the business had actual or constructive knowledge of the dangerous condition and should have taken action to fix it. Constructive knowledge may be proven with circumstantial evidence that the condition existed long enough that the business should have known about it, or that it occurred regularly and was therefore foreseeable. A spilled drink, leaking freezer, or rainwater tracked into a store entrance are common examples in South Florida.

Related Premises Liability Protections

Chapter 768 also includes other premises liability rules that may affect certain claims. For example, Fla. Stat. § 768.0705 gives convenience businesses a presumption against liability for third-party criminal acts on the premises if they substantially implement the security measures required by Fla. Stat. §§ 812.173 and 812.174.

Why Acting Quickly Matters for Fall Victims

Evidence in slip and fall cases can disappear fast, and the shorter deadline makes delay more dangerous. Stores often record over surveillance footage within days or weeks. Employees leave, spills get cleaned up, and maintenance logs may go missing. Early action gives your attorney the best chance to send preservation letters and secure proof of notice.

Falls are also a serious public health concern, especially for older Floridians. UF Health Jacksonville has described falls as the leading cause of injury death among older adults. These injuries can involve fractures, head trauma, and long recovery periods, which is exactly when a two-year deadline can slip by.

💡 Pro Tip: Ask the property manager to fill out an incident report before you leave, and ask for a copy. If they refuse, write down the names of the employees you spoke with and photograph the hazard.

How a Fort Lauderdale Slip and Fall Attorney Can Help

An experienced Fort Lauderdale slip and fall attorney can investigate the fall, preserve key evidence, and file before the deadline. At HL Law Group, P.A., our team handles each HB 837 slip and fall case with urgency. We work to identify every responsible party, request surveillance footage and inspection records, and push back on comparative negligence and "open and obvious" arguments. Our goal is to pursue full compensation for medical bills, lost wages, and pain and suffering.

Every claim depends on its own facts, and no attorney can promise a particular result. A careful early review can still clarify your deadline, the strength of your notice evidence, and your options. To learn more, visit our page for a premises liability statute of limitations Florida lawyer.

If you want a deeper look at the timing issues, our team has also covered this topic in detail. You can read more about Florida’s 2-year slip and fall deadline and how it affects Broward County residents.

Frequently Asked Questions

1. Does the two-year deadline apply to every slip and fall in Florida?

The two-year deadline in Fla. Stat. § 95.11(5)(a) generally applies to negligence claims that accrued after March 24, 2023. Claims against government entities follow separate notice procedures and filing deadlines under Fla. Stat. § 768.28.

2. What happens if I miss the Florida premises liability statute of limitations?

If you file after the deadline, the court will likely dismiss your case once the defendant raises the issue. Limited tolling exceptions exist under Fla. Stat. § 95.051, but courts interpret them narrowly.

3. Can I still recover if I was partly at fault for my fall?

You may still be able to recover if you were 50 percent or less at fault, but your damages would be reduced by your share of fault. Under Fla. Stat. § 768.81(6), plaintiffs found more than 50 percent at fault generally cannot recover.

4. What evidence should I preserve after a fall?

Important evidence often includes photos of the hazard, witness contact information, incident reports, medical records, and the shoes you wore. Your attorney may also request surveillance footage and maintenance or inspection logs.

5. Did HB 837 change what I must prove about the hazard?

HB 837 did not change Fla. Stat. § 768.0755. If you slipped on a transitory foreign substance in a business, you still must prove the business had actual or constructive knowledge of the condition.

Protect Your Claim Before Time Runs Out

HB 837 cut Florida’s general negligence deadline from four years to two and made comparative fault a much bigger risk for injured people. The rules for proving notice have not changed, but the time to gather evidence and file suit is now much shorter. Knowing the premises liability statute of limitations in Florida, and acting early, can make the difference between a viable claim and a lost opportunity.

Don’t let a shortened deadline decide your future. HL Law Group, P.A. is ready to review your Fort Lauderdale or South Florida slip and fall case. Call (954) 713-1212 or request your free case evaluation now.

Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.