How to Sue a Retail Store
Retail store injuries in Florida are governed by a specific proof requirement rather than the general duty of care alone. Florida Statutes section 768.0755 requires an individual who slipped on a substance in a business establishment to prove the business knew about the condition or should have discovered it, either because the hazard existed long enough or because it occurred with enough regularity to be foreseeable. Spilled liquids, obstructed aisles, damaged flooring, falling merchandise, and inadequate lighting all produce claims, and each one depends on what the store knew and when.
Panter, Panter & Sampedro is ready to help injured shoppers today. The firm’s experienced attorneys have represented individuals across Florida in retail negligence and slip and fall cases. Injured shoppers can reach the firm at 305-662-6178 for a free consultation.
Dedicated to protecting injured victims for over 30 years
Can You Sue a Store for Negligence?
Yes, you can sue a store for negligence. In order to have a successful lawsuit, you need to prove that the store was negligent, and you were hurt as a result of that negligence.
A store owes its customers a duty of reasonable care to keep the property safe. A store must clean up a spill quickly or post a warning sign, and it must keep walkways clear of obstructions. Florida law adds a specific requirement for a slip and fall on a transitory foreign substance, under Fla. Stat. 768.0755. An injured shopper must prove that the business had actual or constructive knowledge of the dangerous condition and should have addressed it. Constructive knowledge means the condition existed long enough that the business should have found it, or that the condition happened regularly and was foreseeable.
What Happens When You Are Injured In A Store?
There are a few different things an individual can do to help their case. Many grocery store slip and fall settlement cases come down to who has the better documentation. After an accident in a store, an injured shopper should photograph the location where the incident happened and request a copy of the incident report. Seeing a doctor is one of the most important steps, even when the injured person feels fine that day, because some injuries appear later.
Common Retail Store Injury Claims
Many conditions in a retail store can support a negligence claim. The list below is not complete, and other situations can also lead to a lawsuit. Common retail hazards include the following.
- Liquids spilled on the floor
- Aisle obstructions
- Faulty staircases
- Malfunctioning elevators or escalators
- Merchandise falling off shelves
- Shelves falling onto shoppers
- Broken mechanical doors
- Insufficient lighting in parking lots
Other conditions in a retail store can also lead to litigation, so an injured shopper should discuss the specific facts with an attorney.
About Panter, Panter & Sampedro
Panter, Panter & Sampedro is a Miami personal injury law firm that has represented injured individuals and grieving families throughout Florida for more than 30 years. The firm handles injury and wrongful death matters from the Panter Building on North Kendall Drive in Pinecrest. The firm accepts these cases under a No Recovery = No Fee agreement, which means attorney fees are owed only if the firm obtains a recovery.
Guide to Florida named the firm a 2026 Best of Florida Regional winner in the Personal Injury Firms category. Readers of the Miami Daily Business Review voted the firm Best Of in the Personal Injury Law Firm category in 2025. The Florida Villager named the firm a Best of the Best Readers’ Choice winner the same year.
Three of the firm’s partners are board certified in Civil Trial Law by The Florida Bar. Mitchell Panter first earned that certification in 1995, Brett Panter in 1992, and David Sampedro in 2012. Mitchell Panter received the National Board of Trial Advocacy President’s Award in 2025. Super Lawyers has selected Mitchell Panter to its Florida list each year from 2013 through 2026 and David Sampedro each year from 2016 through 2026. Martindale-Hubbell rates all three partners AV Preeminent, its highest peer review rating for legal ability and ethical standards.
Pursuing Compensation for Retail Store Injuries
An injured shopper may pursue compensation after a retail store injury. Florida law allows an injured person to bring a claim against the retailer to recover medical costs, and the claim can include lost wages when the injury prevents work. Facing a large retailer and its insurer alone is difficult, so Panter, Panter & Sampedro handles the claim while the client focuses on recovery. The firm’s attorneys have represented many injured individuals in retail cases. Call Panter, Panter & Sampedro at 305-662-6178 to get started.
Store & Retail Negligence Attorney Miami
Panter, Panter & Sampedro is ready to help injured shoppers today. The firm’s experienced attorneys have represented individuals across Florida in retail negligence and slip and fall cases. Call 305-662-6178 for a free consultation.
