Loune-Djenia Askew, Esq.
Oct 17, 2025
Receiving a denial letter after filing a slip and fall claim can be overwhelming. You may already be dealing with physical pain, medical bills, and lost income — and then find out that the business or its insurance company refuses to pay for your injuries. Unfortunately, this is a common situation for many victims in Florida.
Receiving a denial letter after filing a slip and fall claim can be overwhelming. You may already be dealing with physical pain, medical bills, and lost income — and then find out that the business or its insurance company refuses to pay for your injuries. Unfortunately, this is a common situation for many victims in Florida. Businesses and insurers often deny valid claims to protect their bottom line, hoping that injured individuals will give up rather than pursue legal action.
However, a claim denial does not mean your case is over. You still have the right to challenge the decision and seek compensation through proper legal channels. Understanding why claims are denied and what steps to take next can make a significant difference in the outcome of your case.
Why Businesses Deny Slip and Fall Claims
Most claim denials are motivated by financial reasons rather than facts. Insurance companies make money by collecting premiums and minimizing payouts. Likewise, business owners often view injury claims as threats to their profits. As a result, they may use various arguments to deny responsibility for your accident.
Some of the most common denial reasons include:
Lack of knowledge: The business claims it didn’t know about the hazardous condition that caused your fall.
Open and obvious danger: The business argues that the hazard was visible and that you should have avoided it.
Comparative negligence: The insurer suggests you were partly or mostly at fault for your own injuries.
Questioning injury severity: They downplay your medical records or claim your injuries weren’t caused by the accident.
Insufficient evidence: The insurer demands more proof than what Florida law actually requires.
Even when these excuses seem convincing, many of them can be disproven with proper evidence and legal guidance. Under Florida premises liability law, property owners have a legal duty to maintain safe environments and conduct regular inspections. They can still be held liable if they fail to correct hazards that a reasonable inspection would have discovered.
Common Insurance Company Tactics
Insurance adjusters are trained to protect their employers’ interests. They often use predictable tactics to discourage victims from pursuing valid claims. These may include:
Delaying responses to pressure victims into accepting low settlements.
Cherry-picking medical records to minimize injury claims.
Using recorded statements to twist your words against you.
Ignoring witness statements or security footage that support your case.
Recognizing these strategies early helps you avoid falling for them. If you suspect unfair treatment, consulting an attorney can ensure your rights are protected and that the insurer deals with your case in good faith.
Your Legal Rights After a Denial
Even if your claim has been denied, Florida law still provides strong protections for slip and fall victims. Under Florida Statute 768.0755, a business may be held responsible if:
It had actual knowledge of the dangerous condition (such as an employee seeing a spill but ignoring it), or
It had constructive knowledge, meaning the condition existed long enough that reasonable maintenance would have uncovered and fixed it.
A denial letter can also provide useful insight into the company’s defense strategy. By reviewing the reasons stated for the denial, an attorney can identify weak points in the argument and gather evidence to counter them — such as maintenance logs, surveillance footage, or testimony from employees and witnesses.
Why Having an Attorney Matters
An experienced slip and fall attorney can make a major difference in the outcome of your case. They understand how insurance companies operate and know how to gather strong evidence that supports your claim. Your attorney can:
Investigate the cause of your fall and determine whether the business knew about the hazard.
Obtain surveillance footage or maintenance records.
Negotiate directly with insurance companies on your behalf.
File a lawsuit if the business refuses to settle fairly.
Studies have shown that victims represented by attorneys generally receive higher settlements than those who handle claims alone. With professional legal support, you can focus on healing while your attorney fights to secure the compensation you deserve.
Final Thoughts
A denial letter can feel like a major setback, but it doesn’t have to be the end of your case. Many slip and fall claims are wrongfully denied by businesses and insurance companies using standard defense tactics. By understanding your rights, collecting the right evidence, and working with an experienced attorney, you can challenge an unfair denial and pursue the full compensation you’re entitled to.
If your slip and fall claim was denied, don’t give up — the law is still on your side. With the right help, you can rebuild your life and recover both physically and financially after your accident.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.