West Palm Beach Slip and Fall Lawyer
If you slipped and fell in a West Palm Beach business, Florida law can hold the property owner responsible. But there's a catch most people don't know about: you have to prove they knew about the hazard, or should have. That proof lives on surveillance video, inspection logs, and incident reports the property controls, and most of it gets overwritten within days. I'm Shannon Sagan, The Dash Cam Lawyer®. I built my practice on getting the footage before it's gone. Free consultation, no fee unless I win.
Florida's Slip and Fall Law Is Tougher Than People Think
Under Florida Statute 768.0755, falling on a wet floor isn't enough. You have to prove the business had actual or constructive knowledge of the substance. Either they knew it was there, or it sat there long enough (or happened often enough) that they should have known. If a wet substance is on the floor for a short period of time, there’s a good chance the business owner may not be at fault. That is why insurance companies deny these claims so confidently. They're betting you can't prove how long that puddle sat there.
Video proves it. A surveillance clip showing the spill sitting untouched for 40 minutes while employees walk past it? That's a case. The same fall with no video is just an argument. Guess which one settles for more.
The Footage Fight Is the Whole Case
The moment I take your slip and fall case, I send a preservation demand to the property owner and their insurer covering surveillance video, sweep logs, inspection records, incident reports, and employee schedules. Once that letter lands, "the video was automatically deleted" stops being their excuse and starts being their problem, because Florida courts can punish parties who destroy evidence after notice. It does not mean that the business owner will just hand over the video once I ask for it (most companies don’t, they force you to file a lawsuit and have a judge force them to hand it over), but it does require them to preserve it until the case is over.
Most surveillance systems overwrite in days. If you fell last week, the clock isn't ticking. It's screaming.
Where These Cases Happen
Grocery stores and big-box retailers on Okeechobee Boulevard and Palm Beach Lakes Boulevard. Restaurants and bars around Clematis Street and The Square. Palm Beach Outlets. Hotel pool decks. Condo lobbies and parking garages along Flagler. Anywhere with foot traffic, spills, and cameras already rolling.
What Your Case May Be Worth
People underestimate falls. I've seen fractured hips, torn shoulders, blown-out knees, and head injuries from hitting the floor. You can recover medical bills, future treatment, lost wages, and pain and suffering. Two Florida rules now shape every case. You have two years from the fall to file suit. And if a jury finds you more than half at fault ("you should have watched where you were going" is the insurer's favorite song), you recover nothing. Strong evidence keeps the fault where it belongs: on them.
What to Do Right Now
Photograph the hazard and your shoes before conditions change, if you still can. Managers like to send employees over immediately to clean up or fix the condition that caused your fall, while you are still on the ground or are overwhelmed and don’t see what they are doing. Make sure to get the names and contact information of all potential witnesses. A lot of time these people will help but no one remembers to get their information and once they leave, you may never have the ability to get in contact with them again. Report the fall and get a copy of the incident report, if possible. Most large corporations will not give you a copy of the incident report you just filled out, so before you hand it over, take a picture of it! If you are injured or have even the slightest of pain, go get checked out by a medical professional. Gaps in treatment kill case value. Don't give a recorded statement to the business owner’s insurance company until you know your rights. Then call me so the preservation demand goes out before the footage does.
Call The Dash Cam Lawyer® at 561-561-DASH (3274). Free consultation. No fee unless I win. Offices in Palm Springs and Belle Glade, serving West Palm Beach and all of Palm Beach County.
Frequently Asked Questions
How long do I have to file a slip and fall lawsuit in Florida?
Two years from the date of the fall. Florida cut this from four years in 2023, and plenty of websites still have it wrong. Don't bet a deadline this unforgiving on outdated information.
What do I have to prove to win a slip and fall case in Florida?
That the business had actual or constructive knowledge of the dangerous condition and failed to fix it. Constructive knowledge can be shown by how long the hazard existed or how often it recurred. That's why video and inspection logs decide these cases.
The store says there's no video of my fall. Is my case dead?
No, but it's urgent. Footage has a funny way of being "unavailable" until a lawyer demands it properly. And if it was destroyed after they had notice of your claim, that can actually strengthen your position.
What if I was partly at fault for my fall?
You can still recover if you're 50% or less at fault, with your award reduced by your percentage. Over 50% and you get nothing. That's why I fight the fault allocation as hard as the injury valuation.
What is the average slip and fall settlement in West Palm Beach?
There's no honest average. Value turns on injury severity, medical costs, and evidence strength. A documented fall with video and a surgical injury is a different universe from an unwitnessed fall with a sprain. If a lawyer gives you numbers of what your case is right when you first get your case started, run!
Should I accept the store's settlement offer?
Not before you know the full extent of your injuries and what the footage shows. Early offers are priced on the assumption that you don't know. It is free to talk to me (or just about any personal injury lawyer) and get some advice before you sign those papers.