A new Florida decision shows why rain, wet tire tracks, and a shop floor that sometimes gets wet did not prove constructive notice—and what evidence was missing at the exact place of the fall.
Florida’s Supreme Court reinstated dismissal of an entire injury lawsuit after repeated sworn descriptions of physical limitations conflicted with surveillance. The ruling explains the difference between an honest mistake and fraud that permeates a case.
You're on vacation in Florida and fell in a store, you thought nothing of it until.... You find out you have a broken arm! It happens, and when it happens in Florida while you’re visiting, it can feel extra overwhelming because you’re not at home. You don’t know the local doctors, you don’t know the rules, and you’re probably staring at a cast thinking, “How am I supposed to deal with this from out of state?” Here’s what to do, step-by-step. 1) Get medical care immediately (and document the broken arm) A broken arm isn’t a “wait and see” injury. If you haven’t already, go to an urgent care or ER and get proper imaging and treatment. If you already went and came back, keep everything: Discharge paperwork X-ray/imaging reports Doctor instructions Prescriptions Bills and receipts (including copays, braces, slings, and medications) Even if you’re thinking, “It’s obvious my arm is broken,” insurance companies still lean heavily on medical records. Your treatment timeline matters. 2) Tell the store and get an incident report—before you leave town If you fell in a store, you want a written incident report from the manager or the corporate process. Be calm and direct. Give the basics: Date and time Where it happened (aisle, entrance, restroom, etc.) What you slipped/tripped on (liquid, debris, uneven flooring, curled mat, clutter) That you were injured and sought medical care Ask for: A copy of the incident report (some stores won’t give it, but ask anyway) The name/title of the person you spoke to The store number/location Any claim number if they open one If they won’t give you a copy, take a photo of the manager’s business card or write down their [...]
Picture this: You slip on a wet spot in a big-box store. Your back lights up. Your pride takes a hit. You’re embarrassed, shaken, and trying to get to your car without making a scene. Then the manager pulls you aside with a calm voice and a friendly smile, saying they'll take care of everything...Now, after the emotions have subsided and the chaos is over, you're wondering, "Should I trust that?" It sounds reassuring—like the problem is taken care of. But here’s the reality in Florida injury cases: a store manager’s promise is not a settlement, not a check, and definitely not a legal deadline extension. In many cases, it’s the beginning of a process run by a claims department that has one job: pay as little as possible, as late as possible, or not at all. And because Florida’s statute of limitations recently changed, waiting can cost you your entire case. Verbal promises vs. the claims department: two different worlds Store employees are trained to de-escalate. They may genuinely want to help. But most businesses—especially chains—don’t “handle” injury claims in the store. They report the incident, and the file gets kicked to corporate risk management or an insurance adjuster. That’s when the tone often changes: “We’re still investigating.” “We don’t see negligence.” “Can you give a recorded statement?” “We can offer you a small amount for your trouble—today.” None of that is “taking care of everything.” It’s positioning. A helpful way to think about it: the manager is like the front desk at a hotel after a bad room. They can apologize and offer a new key. The claims department is the corporate office deciding whether they owe you a refund at all. Why [...]
Imagine you're enjoying a sunny day in Fort Lauderdale, strolling through a shopping plaza, when suddenly you find yourself on the ground, a victim of a slip and fall. Such accidents can be painful and disorienting, and the steps you take immediately afterward are critical to safeguarding your rights. Here’s your essential guide on what to do after a slip and fall accident, brought to you by Tucker Law. Immediate Actions to Take 1. Seek Medical Attention First and foremost, prioritize your health. Some injuries, especially internal ones, might not manifest symptoms immediately. Obtaining a medical assessment provides a dual benefit: ensuring your health is not at risk and securing medical records that are crucial if you decide to pursue a legal claim. 2. Report the Incident Inform the property owner, manager, or supervisor about the incident. This step is crucial as it officially documents the occurrence. Make sure to get a copy of the accident report—if one is not offered, request it. 3. Document Everything Use your smartphone to take pictures of the exact location where you fell and anything that might have contributed to your accident, such as spilled liquids or uneven flooring. Additionally, if there were any witnesses, gather their contact details. These details can provide substantial support for your claim. 4. Keep Track of Expenses and Impacts Record all expenses related to your accident—medical bills, travel costs to medical appointments, and any lost wages if you’re unable to work. Also, document how your injuries impact your daily life, as this could be relevant to your claim. Detailed Guidance on Documenting the Incident Secure Surveillance Footage: If the accident occurred in a place with security cameras, request access to the footage. An [...]
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