Florida Slip & Fall Law Changes 2026: What Every Injured Floridian Must Know

TL;DR: Florida's 2023 tort reform law (House Bill 837) rewrote the rules for slip and fall cases statewide — and those changes are still in full force in 2026. The filing window shrank from four years to two years, a new 51% fault bar can wipe out your entire recovery, and caps on medical damages limit what juries can see. If you were hurt on someone else's property, talk to us before the clock runs out.

On March 24, 2023, Governor Ron DeSantis signed House Bill 837 ("Civil Remedies") into law — the most sweeping overhaul of Florida civil litigation in decades. The changes apply to all causes of action that arose on or after that date, which means virtually every slip and fall case filed today in Florida is governed by these stricter rules.

Three changes from HB 837 hit slip and fall plaintiffs hardest: a shortened statute of limitations, a new modified comparative negligence standard with a 51% bar, and new limits on how medical damages are presented to a jury. Each one is explained below.

Before HB 837, you had four years to file a negligence-based personal injury lawsuit in Florida. That window was cut in half. Under Florida Statute § 95.11, the deadline for negligence claims — including slip and falls — is now two years from the date of the accident for injuries occurring on or after March 24, 2023.

This compressed timeline means you have less time to recover, gather evidence, hire an attorney, and negotiate before you must file suit. Courts treat this deadline as strict — miss it and your case is almost certainly dismissed, no matter how serious your injuries or how clear the property owner's fault.

A few limited exceptions exist, including tolling for minors or individuals who were legally incapacitated at the time of the accident. But these exceptions are narrow. Don't count on them as a backup plan.

• Injured on or after March 24, 2023? You have two years from the accident date to file.
• Injured before March 24, 2023? The prior four-year deadline likely still applies.
• Slip and fall on government property? Special rules under Florida Statute § 768.28 apply — you must file a written pre-suit notice with the agency, and the government has up to six months to respond before you can sue. This effectively shrinks your usable timeline even further.

Florida spent 50 years under a "pure comparative negligence" system, meaning you could recover damages even if you were mostly at fault for your own fall. HB 837 ended that. Under the new standard, codified in Florida Statute § 768.81(6), any plaintiff found to be more than 50% at fault for their own injury is completely barred from recovering any damages.

Here is why this matters in practice: if you are found 40% at fault and your damages are $100,000, you recover $60,000. But if a jury finds you 51% at fault, you recover nothing — zero.

Insurance companies and defense lawyers know this. Their strategy in slip and fall cases is now to push your fault percentage above 50% wherever possible. Common arguments include: you were distracted by your phone, your footwear was inappropriate, the hazard was open and obvious, or a warning sign was posted. Every statement you make at the scene — and to the insurer afterward — can be used to build that argument.

• Document everything immediately: photos, video, the exact location and nature of the hazard.
• Report the fall to the property manager and request a copy of the incident report.
• Do not give a recorded statement to the property owner's insurer without first speaking to an attorney.
• Seek medical attention right away — gaps in treatment give insurers ammunition to minimize your injuries.

HB 837 also created Florida Statute § 768.0427, which changed what evidence juries see when calculating medical damages. Before the reform, plaintiffs could present the full amount billed for their medical care — often a much larger number than what was actually paid.

Under the new rule, evidence of past medical expenses is limited to what was actually paid, regardless of who paid it (your insurer, Medicare, Medicaid, or you). For future medical expenses, the admissible amount is generally tied to Medicare or Medicaid reimbursement rates. In practical terms, this can significantly reduce the damages a jury awards, even in serious cases.

If you treated under a "letter of protection" — an agreement to defer billing until your lawsuit resolves — that arrangement must now be disclosed, and the financial relationship between your attorney and your treating provider can be revealed to the jury.

One important rule predates HB 837 but remains critical to every slip and fall claim: Florida Statute § 768.0755. Under this statute, if you slip and fall on a transitory foreign substance in a business (a spilled drink, tracked-in water, dropped food), you must prove that the business had actual or constructive knowledge of the dangerous condition and failed to remedy it.

Simply proving you fell is not enough. You must show the business knew — or should have known — about the hazard. Constructive knowledge can be established by showing the condition existed long enough that routine inspections would have caught it, or that similar hazards occurred regularly and were foreseeable.

Surveillance footage is often the strongest evidence of how long a hazard existed — but stores typically overwrite footage within 30 to 90 days. Getting a lawyer to send a preservation letter quickly is often the difference between winning and losing.

If you can prove liability and keep your fault at or below 50%, Florida law allows you to seek compensation for:

• Past and future medical expenses (subject to the new admissibility rules)
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress and loss of enjoyment of life

Note: if your fall happened on government property (a public school, city hall, a county park), damages against the state are capped at $200,000 per claimant and $300,000 per incident under Florida Statute § 768.28, regardless of how severe your injuries are.

Not sure what your case is worth under the new rules? Get matched in under a minute with a vetted Florida slip and fall attorney who can give you a real assessment.

Yes. The two-year statute of limitations under Florida Statute § 95.11 applies to all slip and fall injuries occurring on or after March 24, 2023. If you fell in 2024 or 2025 and have not yet filed a claim, you may be approaching or have already passed your deadline. Contact an attorney as soon as possible to assess your options.

You can still recover as long as your share of fault is 50% or less. Your compensation is reduced by your percentage of fault — so if you are 25% at fault and your damages are $80,000, you would recover $60,000. However, if a jury finds you more than 50% responsible under Florida Statute § 768.81(6), you recover nothing. This is why strong evidence gathering from the start is essential.

Yes. Florida Statute § 768.0755 governs slip and falls caused by transitory foreign substances — spills, tracked-in water, food debris — in business establishments. You must prove the store had actual or constructive knowledge of the hazard. Evidence like surveillance footage, maintenance logs, and witness testimony is critical to meeting that burden.

Claims against state or local government entities follow a different process under Florida Statute § 768.28. You must submit a written notice of claim to the appropriate agency before you can sue, and the government has up to six months to respond. Because this notice period eats into your overall timeline, acting quickly after a fall on public property is especially important.

Under Florida Statute § 768.0427, juries now see only the amounts actually paid for your medical care, not the higher amounts billed. This often results in lower damages awards than cases under the old law. An experienced attorney can help you document future care needs and present your damages as effectively as possible within the new framework.

The florida slip & fall law changes 2026 have made these cases significantly harder to win on your own. The two-year deadline is unforgiving, defense lawyers are trained to push your fault above 50%, and evidence disappears fast. The sooner you act, the stronger your position.

DearLegal matches injured Floridians with vetted slip and fall attorneys statewide — at no cost to you and with no obligation. Start your case now and find out what your claim may be worth under Florida's current law.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.