Can You Sue Your Landlord for a Slip and Fall Injury in a Florida Rental Property?

October 9, 2025

Dennis Hernandez

Slip and fall damage tends to be one of the most common types of accidents that happen in a rental home or an apartment. Can you sue your landlord in such a scenario? When you rent in someone else’s building, your well-being is largely a matter of the goodwill of the landlord. In Florida, landlords are legally obligated to maintain their rental units in a fit and habitable condition, according to the state property code. And when they don’t and someone is injured, a lawsuit might be in order.

At Dennis Hernandez Injury Attorneys, we’ve recovered million and millions for injured clients across Florida. If you or your loved one was injured in a fall at a rental property in Florida, it’s an honor to serve and help. We fight to get you paid!

What Responsibilities Do Florida Landlords Have Regarding Safety?

Landlords in Florida are under a legal obligation to maintain their premises free of hazardous conditions. This may entail examining common and interior spaces, rectifying hazards — slippery floors, broken handrails or dim lighting, for example — and reportedly addressing tenant complaints swiftly.

Pursuant to section § 83.51 of Florida Statute, landlords must:

Meet building, housing and health codes.
Conserve the building’s structural components .
Maintain common areas neat and safe.

If these duties are not met, the foundation of a landlord slip and fall liability lawsuit can be established.

When Can A Tenant Sue For A Slip And Fall?

Tenants can sue if they get hurt because of a dangerous condition a landlord knew about — or should have known about — and failed to fix. That includes shared spaces, as well as interior spaces that are under the landlords’ jurisdiction.

To be successful in a personal injury claim under these circumstances, you will need to show:

A dangerous situation was present in the property.
The landlord had notice, either actual or constructive, of the condition.
It was not repaired by the landlord within a reasonable time.
You were injured and suffered damages as a consequence.

Documentation is crucial. Tenants should put hazards in writing and take pictures of them.

What Are The Most Common Hazards In Rental Properties?

Unsafe conditions that lead to a claim for a fall injury, in their majority, often are due to neglect or poor maintenance. Examples include:

Slippery floors due to leaks or inadequate drainage
Uneven or cracked walkways
Broken or missing stair railings
Poorly lit hallways or staircases
Loose carpets or tiles
Standing water in a bathroom or kitchen

As the Centers for Disease Control and Prevention (CDC) notes, falls are the top reason why people visit hospital ERs in this country, or at least among those over 65. These hazards compound in rental homes when landlords ignore maintenance.

How Does A Personal Injury Lawyer Help?

If you’ve been injured, a personal injury attorney can help build your case, collect crucial evidence and defend your rights. They will help you navigate the legal process and negotiate with landlords or insurance carriers on your behalf.

At Dennis Hernandez Injury Attorneys, we:

Investigate the cause of your fall
Collect maintenance and inspection records
Interrogate the witnesses or neighbors that report the same issues
Communicate with insurance companies
Act in your trial, if necessary

Our legal team has years of experience handling landlord slip and fall liability cases; and we don’t give up!

What Evidence Strengthens A Slip And Fall Case?

Compelling evidence can make it or break it on your injury claim. If you’ve been injured in a rental property here are various points of importance to consider:

Photograph the defect clearly
Save the clothes and shoes worn during the fall
Ask for maintenance logs or any tenant communication (if available)
Get a copy of your medical records to prove your injury
Report the incident to your landlord in writing

Obtaining this evidence early provides your lawyer with the best chance of making the landlord responsible.

What If The Landlord Blames You For The Fall?

In certain instances, the landlord may attempt to claim that your own negligence caused you to slip and fall. Florida adheres to a modified comparative negligence rule as outlined by Florida Statutes § 768.81, meaning you could receive less compensation if you are deemed to share some of the blame.

For example:

If you ignored a “wet floor” sign
If you wore inappropriate footwear
If you were distracted at the moment of the fall

If you are 50% at fault or less, you can still receive compensation. A personal injury attorney will be able to argue against these points with evidence, witness testimony and expert analysis.

What Compensation Can You Recover After A Fall?

Victims of rental property fall injury Florida cases may be entitled to compensation for a variety of damages, including:

Emergency medical bills and hospitalizations
Physical therapy and long-term care
Income lost or impaired earning capacity
Pain and emotional suffering
Permanent disability or disfigurement

Under Florida Statutes § 768.72, punitive damages can also be awarded in cases of gross negligence or intentional misconduct.

Do Lease Agreements Limit Landlord Liability?

In some leases, there are liability waiver clauses that purport to absolve the landlord of responsibility for injuries. Nonetheless, Florida courts tend to carefully examine such clauses and might find them unenforceable if the landlord’s negligence led to the accident.

Judicial precedent established in the courts shows that such waivers can never shield landlords from all accountability. The court will determine whether the provision is unconscionable or against public policy.

What Should You Do Immediately After A Slip and Fall?

Here’s what to do after sustaining an injury at a rental property:

Seek medical help — Your health is the most important thing.
Document the hazard — Whether you fell in a parking lot or tripped over something obstructing your path, take clear pictures or video of what caused your fall.
Report in writing — Notify the landlord or property manager immediately.
Preserve evidence — Keep clothing, shoes and any communication.
Talk to a personal injury lawyer — It is never too early to discuss your legal options.

It is particularly timely given that evidence can be cleaned up or taken away soon after the incident.

What’s The Deadline To File A Rental Property Fall Injury Claim?

At of the 2023 update, Florida Statute § 95.11(3)(a) restricts lawsuits involving personal injuries — such as landlord negligence cases — to a two-year statute of limitations from the date of the incident.

If you miss that deadline, you could lose your right to compensation. That’s why it is important to consult a lawyer as early as possible.

Who Pays For Your Damages?

As a rule, the landlord’s rental property insurance would pay for these kinds of injury claims. Tenants are not seeking to sue their landlords individually — they are pursuing compensation through liability insurance.

This is a key distinction, especially if the landlord is a friend or has otherwise long known the individual. The goal is financial recovery — not personal retaliation.

Why Choose Dennis Hernandez Injury Attorneys?

We know how traumatic and stressful slip and fall injuries are at Dennis Hernandez Injury Attorneys. Our law office has handled complicated landlord slip and fall liability, defective walkways, and hazardous living conditions to successful conclusions.

We aren’t afraid to fight giant property management companies, corporate landlords or their insurance providers. Our experience and resources enable us to fight successfully —and we’ll do what it takes to get you justice.

We fight to get you paid!

Final Thoughts: Holding Negligent Landlords Accountable

Your home is supposed to be your sanctuary When a landlord doesn’t live up to their obligations, and someone is injured as a result, the law provides a framework for justice. If you have suffered a fall injury on a rental property in Florida, don’t leave your future to chance.

Let our committed lawyers examine your case and establish the landlord’s negligence to get you the full compensation necessary to make a recovery.

Your path to recovery starts with just one phone call to Dennis Hernandez Injury Lawyers.