Decoration Falls at The Mall at Millenia: Florida Law on Falling-Object Injuries
Orlando, Fla. · Published · By HOV Law
A guest was taken to a hospital on Saturday, October 31, after a holiday decoration fell and struck them inside The Mall at Millenia in Orlando. Incidents like this are not slip-and-falls under Florida law, and the difference changes what has to be proved.
What Was Reported
The mall confirmed that a holiday decoration fell and injured a guest, according to WFTV 9 (opens in a new tab) and FOX 35 (opens in a new tab). News 6 (opens in a new tab) reported that the decoration had been hanging from the ceiling.
The Orlando Fire Department told FOX 35 that the patient was transported as a trauma alert and that the incident was turned over to Orlando Police. The guest's condition had not been released as of publication.
The mall said its security staff and first responders responded right away, that the area was secured, and that it is reviewing what happened.
Why This Is Not a Slip-and-Fall Case
Florida has a specific statute for injuries at businesses, and many people assume it covers every store injury. It does not. Fla. Stat. § 768.0755 (opens in a new tab) applies when someone slips and falls on a transitory foreign substance in a business establishment: a spill, a dropped item, tracked-in water.
Under that statute, the injured person must prove the business had actual or constructive knowledge of the substance. Constructive knowledge usually means showing it had been there long enough that the business should have noticed it, or that the problem kept recurring.
An object that falls from overhead does not fit that framework. Nothing was spilled, and there is no question of how long it sat on the floor. Falling-object claims are decided under ordinary negligence principles, which ask different questions. Our explainer on Florida's slip-and-fall statute covers the cases that § 768.0755 does govern.
The Rule That Often Matters Instead
When something falls on a person, that person usually has no way of knowing how it was hung, inspected or secured. Florida law has a tool for that gap: res ipsa loquitur, Latin for "the thing speaks for itself."
In McDougald v. Perry (opens in a new tab), decided September 4, 1998, the Florida Supreme Court reinstated a jury verdict for a driver whose windshield was hit by a spare tire that fell from under a tractor-trailer. The court explained that the doctrine lets a jury infer negligence when two things are shown:
- The thing that caused the injury was in the defendant's exclusive control.
- The accident is one that would not, in the ordinary course of events, happen without negligence by whoever was in control.
The doctrine is an inference, not an automatic finding. Whether it applies depends on the facts, and in public places the control question is often the hard part. A fixture may be owned by one company, installed by another and maintained by a third, so working out who had control is usually the first step in any falling-object claim.
Comparative Fault and the Deadline
Two Florida rules apply to nearly every premises claim. First, comparative fault: under § 768.81(6) (opens in a new tab), a person found more than 50 percent at fault for their own harm recovers nothing, and a smaller share reduces the award. Our guide to the 51% rule explains how fault is divided.
Second, the deadline: two years for an action founded on negligence under § 95.11(5)(a) (opens in a new tab). The records that decide falling-object cases, such as installation work orders, inspection logs and surveillance video, are kept on the business's schedule, not yours.
If Something Falls on You in a Store or Mall
- Get medical care, and describe exactly what hit you and where.
- Report it to management before you leave, and ask for the incident report number.
- If it is safe, photograph the object, where it hung and how it was attached.
- Get names and phone numbers from witnesses.
- Send a written request that surveillance video and maintenance records be preserved.
Our premises evidence checklist turns these into a printable list, and our guide to invitees, licensees and trespassers explains how a visitor's legal status affects the duty a property owner owes.
Falling-Object Injury FAQ
Is a falling decoration in a store a "slip and fall" case in Florida?
No. Florida's business slip-and-fall statute, § 768.0755, applies when a person slips and falls on a transitory foreign substance, such as a spilled liquid. An object falling from above is outside that statute, so its requirement that the injured person prove the business knew or should have known about the substance does not apply. Falling-object claims are decided under general negligence principles instead.
What is res ipsa loquitur, and does it apply to falling objects in Florida?
It is a rule of evidence that lets a jury infer negligence from the accident itself. The Florida Supreme Court explained in McDougald v. Perry (1998) that it applies when the thing that caused the injury was in the defendant's exclusive control and the accident would not, in the ordinary course of events, happen without negligence. Courts decide case by case whether it applies.
Can a store say the injured customer was partly at fault?
Yes, and in Florida it matters. Under § 768.81(6), a person found more than 50 percent at fault for their own harm recovers nothing. At 50 percent or less, damages are reduced by the person's share of fault. In falling-object cases, the person who was hit usually had little to do with what happened, but the argument is still common.
How long do you have to file a premises injury claim in Florida?
Two years for a negligence action, under Fla. Stat. § 95.11(5)(a). In practice, the evidence that decides falling-object cases, such as installation and inspection records, maintenance logs and surveillance video, can disappear long before then.
What should I do if something falls on me in a store or mall?
Get medical care first, and tell the provider exactly what struck you and where. Then report it to management and ask for a copy of the incident report. Photograph the object and where it hung, if you can do so safely, and get witnesses' contact details. Ask in writing that surveillance video be preserved.
Sources
- FOX 35 Orlando — Mall at Millenia spokesman says guest injured when holiday decoration fell (opens in a new tab)
- WFTV 9 — Guest injured as holiday decoration falls at The Mall at Millenia (opens in a new tab)
- News 6 / ClickOrlando — Shopper injured after large decoration falls at Mall at Millenia (opens in a new tab)
- Fla. Stat. § 768.0755 (2026) — Premises liability for transitory foreign substances in a business establishment (opens in a new tab)
- McDougald v. Perry, 716 So. 2d 783 (Fla. 1998) (opens in a new tab)
- Fla. Stat. § 768.81 (2026) — Comparative fault (opens in a new tab)
- Fla. Stat. § 95.11 (2026) — Limitations other than for real property (opens in a new tab)
This post summarizes news reports and is general information about Florida law, not legal advice. Reading it does not create an attorney-client relationship. HOV Law does not represent anyone involved in this incident, and nothing here is a statement about fault or liability.
Hurt on Someone Else's Property?
If you've been hurt in a similar incident in Central Florida, speak with a Florida personal injury lawyer about your options. Consultations are free.