JACKSONVILLE Premises Liability Attorney

If you have been injured on someone else's property in Jacksonville, Florida—whether at a retail store, restaurant, hotel, apartment complex, or private home—you deserve representation from lawyers who understand Florida premises liability law and who will fight to hold negligent property owners accountable. At Phillips, Hunt & Walker, our attorneys have spent decades litigating premises liability cases, recovering millions in compensation for slip-and-fall victims, inadequate security cases, and other dangerous property claims across Northeast Florida.

Lead attorney John M. Phillips is Board Certified in Civil Trial Law by the Florida Bar, a distinction earned by fewer than 1% of all Florida attorneys. This means the Florida Bar itself has vetted his knowledge, skill, and trial experience through a rigorous examination. When an insurance company or property owner sees a Board Certified trial lawyer, they know the case will be tried if the settlement offer is not fair.

We handle premises liability cases on a contingency fee basis, which means you pay nothing unless we win your case. We also never charge clients for copies and never add interest to case expenses. Call us today at (904) 444-4444 for a free, no-obligation consultation to discuss your premises liability claim.

Why Jacksonville Injury Victims Choose Phillips, Hunt & Walker

Not every personal injury firm approaches premises liability cases with the same depth of knowledge or commitment to client recovery. Here is what sets Phillips, Hunt & Walker apart from other law firms in Jacksonville:

Board Certified Civil Trial Lawyer

The Florida Bar recognizes Board Certification as the gold standard in legal practice. John M. Phillips is Board Certified in Civil Trial Law, meaning the Bar has independently verified his courtroom experience, legal knowledge, and professional reputation. He has been tried hundreds of cases before juries and judges. Less than 1% of Florida lawyers hold this certification. When a property owner or insurance company sees a Board Certified trial lawyer involved, they understand that the case will not be settled cheaply and will be prepared for trial.

AV-Preeminent Rating and Multi-State Licensing

Phillips, Hunt & Walker holds an AV-Preeminent rating from Martindale-Hubbell, reflecting the highest standards of legal ability and professional ethics. John M. Phillips is licensed to practice in Florida, Georgia, Alabama, New York, Texas, Illinois, Oklahoma, and the District of Columbia, allowing us to handle complex cases that cross state lines or involve out-of-state defendants and insurance carriers.

No Copy Costs and No Interest on Case Expenses

Many personal injury firms quietly charge clients for every copy, fax, and document produced during litigation, and then charge interest on those costs. Over the life of a complex injury case, these hidden fees can total thousands of dollars, directly reducing your recovery. At Phillips, Hunt & Walker, we absorb all copy costs. You never pay interest on case expenses. Your settlement or verdict belongs to you, not to administrative costs.

Contingency Fee Representation

We understand that injury victims often face mounting medical bills and lost income. We represent premises liability clients on a contingency fee basis, meaning you pay no upfront costs and no hourly fees. We only recover a fee if we recover compensation for you. This aligns our interests with yours: we win when you win.

Proven Track Record in Complex Injury Cases

Phillips, Hunt & Walker has handled some of the most significant premises liability, injury, and wrongful death cases in Florida and nationally. In 2019, we obtained a jury verdict of $49.5 million, the largest verdict in Duval County history. While our firm is known for high-profile cases, the majority of our practice is dedicated to everyday people injured through no fault of their own. Whether your premises liability claim involves a simple slip-and-fall at a grocery store or a complex inadequate security case with multiple defendants, we bring the same preparation, resources, and courtroom intensity to every case.

Types of Premises Liability Cases We Handle in Jacksonville

Premises liability law applies whenever a person is injured on another person's property due to a hazardous or dangerous condition. Jacksonville businesses, property owners, and managers have a legal duty to maintain safe premises and warn visitors of known hazards. When they fail to do so, they may be held liable for injuries. The following are the types of premises liability cases our firm handles regularly:

Slip and Fall Accidents

Slip-and-fall injuries are the most common premises liability claims. They occur when a property is wet, icy, cluttered, or otherwise unsafe, and the property owner fails to either fix the hazard or warn visitors of its existence. In Florida, slip-and-fall cases are governed by Florida Statute §768.0755, which establishes the burden of proof for transitory substances (like spilled water or ice). Under this statute, a plaintiff must generally prove that the property owner had actual or constructive knowledge of the hazard and failed to take reasonable steps to clean it up or warn about it. Common locations for slip-and-fall accidents include grocery stores, restaurants, shopping malls, and office buildings.

Inadequate Security Cases

Property owners have a duty to maintain adequate security measures to protect visitors from criminal attacks and assaults. When a property lacks proper lighting, security cameras, door locks, security guards, or other protective measures, and a visitor is injured in a criminal assault, the property owner may be held liable for inadequate security. These cases are complex because they require proof that the property owner knew or should have known of the risk of criminal activity and failed to take reasonable precautions.

Swimming Pool Injuries

Property owners who maintain swimming pools must ensure they are safe for invitees, including compliance with Florida's strict pool safety codes. Pool injuries include drowning, near-drowning with permanent brain injury, slip-and-fall accidents on pool decks, diving injuries, and drain entrapment. Hotels, apartment complexes, and residential homeowners can be held liable when pool conditions are unsafe or inadequately supervised.

Dog Bite and Animal Attack Claims

Florida has strict liability dog bite laws. A property owner is liable for injuries caused by a dog bite if the victim was lawfully on the premises. Injuries from dog bites can be severe, including facial scarring, nerve damage, infection, and permanent disfigurement. Beyond bite injuries, dogs can also cause injuries by jumping on people or knocking them down, resulting in broken bones or head trauma.

Elevator and Escalator Accidents

Elevators and escalators must be regularly maintained and inspected according to strict safety codes. Injuries from elevator and escalator malfunctions include entrapment, crushing injuries, broken bones, and falls. Property owners and building managers are liable when they fail to maintain these devices or warn of known defects.

Construction Site Accidents

Construction site injuries are often catastrophic. Property owners, contractors, and subcontractors must comply with OSHA regulations and maintain safe work sites. Falling objects, falls from heights, electrocution, trench collapses, and equipment accidents cause severe injuries and death. Multiple parties are often liable in construction accident cases.

Retail Store Accidents

Retail stores have a duty to maintain safe shopping environments. Injuries in retail settings include slip-and-fall accidents from wet or cluttered floors, falling merchandise, inadequate lighting, and floor defects. Grocery stores, department stores, and specialty retailers can be held liable when they negligently maintain their premises.

Restaurant and Bar Injuries

Restaurants and bars must maintain safe dining and drinking environments. Premises liability claims in food establishments include slip-and-fall accidents in dining areas and kitchens, injuries from falling objects, food poisoning when combined with unsafe conditions, and injuries from assaults in bars (inadequate security). Bar owners may also face dram shop liability for serving intoxicated patrons who cause injury.

Hotel and Hospitality Injuries

Hotels and hospitality venues have heightened duties to protect guests. Injuries include slip-and-fall accidents, assaults (especially from inadequate security), injuries in hotel pools, injuries from defective furnishings or appliances, bed bug infestations, and mold exposure. Hotels are business establishments and therefore owe the highest duty of care to invitees.

Amusement Park and Recreational Injuries

Amusement parks, water parks, arcades, and other recreational venues must maintain safe equipment and premises. Ride injuries, trampoline injuries, and falls can result in broken bones, spinal injuries, and death. Operators are liable when rides are not properly maintained or inspected.

Toxic Exposure and Environmental Hazards

Property owners must disclose and eliminate environmental hazards including asbestos, lead paint, mold, chemical spills, and contaminated water. Exposure to these substances can cause serious illnesses including mesothelioma, lung cancer, respiratory disease, and neurological damage. These cases often involve expert testimony from toxicologists and medical specialists.

Common Premises Liability Injuries

The injuries sustained in premises liability accidents vary widely depending on the nature of the hazard and the health of the injured person. Slip-and-fall accidents can result in injuries as minor as bruises or as severe as permanent spinal cord damage. The following are the most common injuries we see in our premises liability practice:

• Broken bones and fractures, including hip fractures (especially common in elderly victims), wrist fractures, ankle fractures, and rib fractures
• Traumatic brain injuries (TBI), including concussions, contusions, and diffuse axonal injuries, which may not be immediately apparent and can result in permanent cognitive impairment
• Spinal cord injuries causing partial or complete paralysis, requiring lifelong medical care and assistive devices
• Herniated and bulging discs in the cervical, thoracic, and lumbar spine, often requiring injections, physical therapy, or surgical intervention
• Internal injuries and organ damage from blunt force trauma, including internal bleeding, organ rupture, and punctured lungs
• Lacerations, cuts, and scarring that may result in permanent disfigurement
• Burns from contact with hot surfaces, chemical exposure, or fires
• Dog bite injuries including facial scarring, nerve damage, infection, and permanent disfigurement
• Post-traumatic stress disorder (PTSD), anxiety, depression, and psychological trauma affecting the victim's quality of life
• Wrongful death when a dangerous property condition results in the death of a visitor

Florida Premises Liability Law You Need to Know

Premises liability cases in Florida are governed by several statutes and common law principles. Understanding the law is critical to knowing whether you have a valid claim and what you must prove to recover damages.

Florida Statute §768.0755: Slip and Fall (Transitory Substances)

This statute applies to slip-and-fall injuries caused by transitory substances like water, ice, food, or other slippery substances on a property. Under §768.0755, a plaintiff must prove one of the following:

• The property owner had actual knowledge of the dangerous condition and failed to take reasonable steps to remedy it or warn visitors;
• The property owner had constructive knowledge (meaning the condition existed for a long enough time that the owner should have discovered it through reasonable inspection); or
• The property owner created the dangerous condition through negligence.

This is a high bar. Constructive knowledge requires proof that the condition existed long enough that a reasonable property owner would have discovered it through reasonable inspections. A property owner is not automatically liable for every spill in a store, even if the spill caused injury.

Florida Statute §768.075: Premises Liability Based on Trespasser Status

Florida law distinguishes between trespassers, licensees, and invitees, with different levels of duty owed to each:

• Trespassers: Property owners owe the lowest duty to trespassers (people on the property without permission). Generally, owners are not liable for injuries to trespassers unless the injury was caused by a willful or wanton act, or an artificial condition created to harm trespassers. Children trespassers may receive greater protection under the attractive nuisance doctrine.
• Licensees: Licensees are people on the property with the owner's permission but for no business purpose of the owner (such as social guests). Property owners must warn licensees of known dangers but are not required to inspect the property or warn of unknown hazards.
• Invitees: Invitees are people on the property for the owner's economic benefit, such as customers in a store. Property owners owe the highest duty to invitees and must maintain safe premises, warn of known hazards, and conduct reasonable inspections to discover hidden dangers.

The distinction is critical. If you were injured as an invitee (a customer, guest, or employee), the property owner has the highest duty of care.

Florida Statute §768.81: Modified Comparative Negligence and the 51% Bar

In 2023, Florida law changed significantly with the passage of House Bill 837 (HB 837), which modified the comparative negligence standard. Under §768.81, a person can recover damages in a premises liability case as long as they are not more than 50% at fault for the accident. If you are found to be 51% or more at fault, you are completely barred from recovery.

If you are found to be less than 51% at fault, your total damages are reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault for failing to wear proper shoes or for not watching where you were walking, you would recover $80,000. This makes it critical to have an attorney who can effectively defend against comparative fault claims and minimize any negligence attributed to you.

Florida Statute §95.11: Statute of Limitations

The statute of limitations is the time period within which you must file a lawsuit. For personal injury claims in Florida, including premises liability cases, the deadline was reduced by the 2023 tort reform to two years from the date of the accident. If you do not file a lawsuit within this window, you permanently lose your right to pursue compensation.

Do not wait. Contact an attorney immediately after your injury. Even if you think the property owner's insurance will quickly pay your claim, the statute of limitations clock is running. Having an attorney protects your rights and ensures you have a backup plan if the insurance company refuses to pay.

What You Must Prove in a Premises Liability Case

To recover damages in a premises liability case, you must prove four legal elements:

1. Duty

The property owner owed you a legal duty of care. As discussed above, if you were a customer, guest, or employee (an invitee), the property owner owed you the highest duty: to maintain safe premises, warn of known hazards, and conduct reasonable inspections to discover hidden dangers. If you were a social guest (a licensee), the duty is lower.

2. Breach

The property owner breached that duty by failing to act with reasonable care. For example, if a grocery store knew of a spill on the floor and did nothing to clean it or warn shoppers, that is a breach of duty. If a property owner failed to conduct a reasonable inspection and missed an obvious hazard, that is a breach. If a property owner failed to maintain adequate security and a customer was assaulted, that may be a breach of duty.

3. Causation

The breach caused your injury. There must be a direct causal link between the dangerous condition and your injury. For example, if you slipped on a wet floor because the property owner failed to clean up water, the breach caused your slip-and-fall injury. But if you were injured because you tripped over your own feet while walking through a property with no hazards, the property owner's conduct did not cause your injury.

4. Damages

You suffered actual damages. These may include medical expenses, lost wages, pain and suffering, permanent disability, scarring, and other losses directly related to the injury. You must present evidence of these damages, such as medical records, bills, pay stubs, and testimony.

All four elements must be proven by a preponderance of the evidence, meaning it is more likely than not that each element is true. Our job as your attorneys is to gather evidence, build a compelling narrative, and present these elements to a jury or insurance company in a way that maximizes your recovery.

What Compensation Can You Recover?

Florida premises liability law allows you to recover both economic and non-economic damages if you prove the four elements above. The specific damages available depend on the facts of your case.

Economic Damages

These are direct, measurable financial losses caused by your injury:

• Current and future medical expenses, including emergency room visits, hospital stays, surgery, rehabilitation, physical therapy, prescription medications, medical devices, and ongoing treatment
• Lost wages from the time of your injury until you return to work
• Lost earning capacity if your injury prevents you from returning to your prior job or career, requiring a change to lower-paying work
• Property damage to personal belongings destroyed or damaged in the accident
• Out-of-pocket expenses related to your injury, including transportation to medical appointments, in-home care, home modifications for disability access, and assistive devices

Non-Economic Damages

These are subjective losses not easily quantified in dollars, but are real and significant:

• Pain and suffering, both physical pain from your injury and the emotional distress of coping with ongoing symptoms
• Mental anguish, anxiety, depression, and PTSD resulting from your injury and the trauma of the accident
• Loss of enjoyment of life when your injury prevents you from participating in activities you loved before the accident, such as sports, hobbies, or social activities
• Loss of consortium, the impact on your relationships and family life due to your injury
• Scarring and disfigurement that affects your appearance and self-image
• Permanent disability requiring lifelong accommodations or assistance

Punitive Damages (Rare)

In rare cases involving egregious conduct by the property owner—such as an intentional failure to maintain security knowing of a pattern of criminal activity, or a deliberate disregard for visitor safety—a court may award punitive damages to punish the defendant and deter similar behavior. Punitive damages can significantly increase your total recovery.

What to Do After an Injury on Someone Else's Property

The steps you take in the hours and days following an injury can significantly affect the strength of your claim. Here is what we advise every client who has been injured on a property:

1. Seek Medical Attention Immediately

Your health and safety are the first priority. Even if you feel fine at the moment of injury, many serious injuries do not produce symptoms until hours or days later. Brain injuries, internal injuries, and spinal injuries may be invisible at first. Seek medical attention immediately and follow your doctor's instructions. Medical records are critical evidence in your claim, and delaying treatment gives insurance companies an argument that your injuries are not serious or not caused by the accident.

2. Report the Incident to the Property Owner or Manager

Notify the property owner, manager, or business of the accident as soon as possible. This creates a record that they were aware of the incident. Ask to speak with a manager and explain the hazard that caused your injury. Request that they document the incident and ask if they have an incident report form. Do not sign anything, but request a copy of any incident report they create.

3. Document Everything at the Scene

If you are physically able, photograph and document the dangerous condition that caused your injury. Take photos of the wet floor, broken stairs, inadequate lighting, or other hazard. Also photograph your own injuries. Take photos from multiple angles and in different lighting. Document the date, time, and location of the injury. If there are witnesses, get their names, phone numbers, and contact information. Do not rely on memory; document facts at the moment they are fresh.

4. Do Not Give a Recorded Statement to the Property Owner's Insurance Company

The property owner's or business's insurance company will likely contact you and request a recorded statement about the accident. Do not give this statement without consulting an attorney first. Insurance adjusters are trained to ask questions designed to minimize your claim, shift blame to you, or find inconsistencies in your account. You have the right to refuse to give a recorded statement to the other party's insurance company. Politely but firmly decline and say, I have retained an attorney and they will handle all communication.

5. Preserve Evidence

Preserve all evidence related to the incident. Keep your medical records, bills, prescription receipts, and any documentation of lost income. Keep the clothes and shoes you were wearing at the time of injury, as they may show the condition of the property. Do not discard anything that might be relevant. If there are videos or surveillance cameras at the location, alert an attorney immediately so we can send a preservation notice and request footage before it is deleted (most businesses overwrite surveillance footage after 30 days).

6. Contact a Premises Liability Attorney Immediately

Time is critical. The statute of limitations is two years, but evidence fades and memories fade. Witnesses move away. Surveillance footage is deleted. The longer you wait, the weaker your case becomes. Contact Phillips, Hunt & Walker for a free consultation as soon as possible after your injury. We will investigate the property, preserve evidence, and determine the strength of your claim.

7. Follow Your Medical Treatment Plan

Strictly follow your doctor's recommended treatment plan. Attend all medical appointments, take all prescribed medications, and complete physical therapy as instructed. Insurance companies and juries look at treatment compliance as evidence of the seriousness of your injury. If you miss appointments or stop treatment, insurers will argue that your injuries are not serious and that you have recovered.

Frequently Asked Questions About Premises Liability in Jacksonville

What is premises liability?

Premises liability is the legal responsibility of a property owner to maintain safe conditions and warn visitors of known hazards. If a visitor is injured on the property due to a hazardous condition and the property owner's negligence, the owner may be held liable for the visitor's medical expenses, lost wages, pain and suffering, and other damages. Premises liability law applies to retail stores, restaurants, hotels, apartment buildings, private homes, and any other property open to the public or used by others.

How much does it cost to hire a premises liability lawyer in Jacksonville?

At Phillips, Hunt & Walker, we represent premises liability clients on a contingency fee basis. This means you pay no upfront costs, no hourly fees, and no out-of-pocket expenses. We only receive a fee if we recover compensation for you. We also never charge clients for copy costs and never add interest to case expenses. This arrangement ensures that cost is not a barrier to getting legal representation.

How long do I have to file a premises liability lawsuit in Florida?

Under Florida Statute §95.11, you have two years from the date of your injury to file a premises liability lawsuit. This deadline was shortened from four years under the 2023 tort reform legislation (HB 837). If you do not file within this window, you permanently lose your right to recover compensation. The clock is running from the moment of your injury, so do not delay in contacting an attorney.

Do I have a case if I was partially at fault for my injury?

Under Florida's modified comparative negligence law (Florida Statute §768.81), you can still recover compensation as long as you are not more than 50% at fault for your injury. Your total damages will be reduced by your percentage of fault. For example, if you are awarded $100,000 but found 30% at fault, you would recover $70,000. If you are found 51% or more at fault, you are barred from recovery entirely. Having an experienced attorney is critical to defending against comparative fault arguments and minimizing any negligence attributed to you.

What if I signed a liability waiver or release?

Many businesses ask customers to sign releases waiving liability for injuries. Whether such a waiver is enforceable depends on the circumstances and the language of the release. In general, Florida courts do not enforce waivers when a business is grossly negligent or engages in willful or wanton misconduct. Additionally, waivers are not enforceable for injuries caused by certain types of negligence, such as failure to maintain safe premises. Even if you signed a waiver, contact an attorney immediately to discuss your options.

What is the difference between a slip-and-fall case and other premises liability claims?

Slip-and-fall cases involve injuries caused by transitory hazards like water, ice, or debris on a floor. These cases are governed by Florida Statute §768.0755, which sets a relatively high standard of proof. You must show that the property owner had actual or constructive knowledge of the hazard. Other premises liability cases, such as dog bites, inadequate security, or structural defects, are governed by different legal standards. Each type of case has its own requirements, and our attorneys have experience with all of them.

What if the property was in a high-crime area and I was injured in a criminal assault?

If you were injured in a criminal assault in a high-crime area, the property owner may be liable for inadequate security if they knew or should have known of the risk of criminal activity and failed to provide reasonable security measures such as security guards, cameras, proper lighting, or door locks. These cases are complex because you must prove that the property owner was negligent in providing security, not that the criminal attacker was at fault. Our firm has experience investigating and litigating inadequate security cases.

Serving Jacksonville and All of Northeast Florida

Phillips, Hunt & Walker is based in Jacksonville, Florida, and serves clients throughout Northeast Florida, including:

• Duval County (Jacksonville, Arlington, Jacksonville Beach, Atlantic Beach, Ponte Vedra, Neptune Beach)
• Clay County (Orange Park, Green Cove Springs, Middleburg)
• St. Johns County (St. Augustine, St. Johns)
• Nassau County and surrounding areas

Our office is located at 660 Park Street, Jacksonville, FL 32204. We offer free initial consultations and can often meet with clients at their homes or hospitals if they are unable to travel. Because our lead attorney, John M. Phillips, is licensed in multiple states including Florida, Georgia, Alabama, New York, Texas, Illinois, Oklahoma, and the District of Columbia, we can also handle cases that cross state lines or involve out-of-state defendants.

Contact Phillips, Hunt & Walker for Your Free Consultation

If you have been injured on someone else's property in Jacksonville or Northeast Florida, do not delay. Contact Phillips, Hunt & Walker today to discuss your premises liability claim with a Board Certified trial attorney. We offer free consultations, work on contingency fee arrangements, and never charge copy costs.

Call us today at (904) 444-4444 or visit our office at 660 Park Street, Jacksonville, FL 32204. Our team is standing by to help you recover maximum compensation for your injury.