SLIP AND FALL ATTORNEY Jacksonville

When you walk into a grocery store, a restaurant, a hotel, an office building, or any other property that is open to the public, you have every right to expect that the property owner has maintained the premises in a reasonably safe condition. When they have not — when a wet floor has no warning sign, when a broken staircase has not been repaired, when a parking lot is unlit and full of potholes — and you are injured as a result, Florida law holds the property owner accountable. But slip and fall cases are not as simple as “I fell, so someone owes me money.” Florida has some of the most demanding proof requirements in the country for premises liability claims, and property owners and their insurance companies fight these cases aggressively.

At Phillips, Hunt & Walker, our founding attorney John M. Phillips is Board Certified in Civil Trial Law by The Florida Bar — a credential held by fewer than 350 of the more than 110,000 lawyers licensed in Florida. He has recovered over $500 million for injured clients and their families. We know how to investigate premises liability claims, establish the notice and causation evidence that Florida law requires, and present these cases to juries in a way that overcomes the natural skepticism that defendants exploit.

Florida Premises Liability Law — What You Must Prove

Slip and fall cases in Florida are governed by premises liability law, which requires the injured person to prove that the property owner (or the party in control of the property) owed them a duty of care, that the property owner breached that duty by failing to maintain the property in a reasonably safe condition, and that the breach caused the injury. The specific duty of care depends on the legal status of the person on the property.

Invitees, Licensees, and Trespassers

Florida law recognizes three categories of visitors, each owed a different level of care. Invitees are people who enter the property for a purpose connected to the property owner’s business — customers in a store, diners in a restaurant, hotel guests, patients in a medical office. Property owners owe invitees the highest duty of care: they must maintain the property in a reasonably safe condition, regularly inspect for hazards, and either correct dangerous conditions or provide adequate warning. Licensees are social guests or others who enter with permission but not for a business purpose. Property owners must warn licensees of known dangers that are not obvious. Trespassers are owed the least duty — property owners generally must only refrain from intentionally causing harm, although special rules apply to child trespassers under the attractive nuisance doctrine.

The vast majority of slip and fall cases in Jacksonville involve invitees — people who were injured while shopping, dining, visiting a business, or staying at a commercial property. For these cases, the property owner’s duty is substantial: they must actively look for hazards, not simply wait until someone reports one.

The Critical Notice Requirement — Florida Statute § 768.0755

Florida made slip and fall cases significantly harder to prove when the legislature enacted Florida Statute § 768.0755 in 2010. This statute governs cases involving injuries caused by transitory foreign substances — spilled liquids, dropped food, tracked-in water, grease, or any other substance on a floor or walking surface that is not a permanent feature of the property. Under this statute, the injured person must prove that the property owner had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

Actual knowledge means the property owner or an employee knew about the hazard — for example, an employee who saw a spill and walked away without cleaning it or placing a warning sign. Constructive knowledge means that the condition existed for a sufficient length of time that the property owner should have discovered it through the exercise of ordinary care, or that the condition occurred with regularity and was therefore foreseeable. Proving constructive knowledge often requires evidence about the property’s inspection and maintenance routines, surveillance footage showing how long the hazard was present before the fall, witness testimony from employees or other customers, and the condition of the substance itself (for example, a dirty, scuffed liquid spill suggests it had been on the floor long enough for people to walk through it).

This notice requirement is the single biggest hurdle in Florida slip and fall cases. Without evidence of actual or constructive knowledge, the case will fail — even if the fall clearly occurred on the defendant’s property and clearly caused serious injuries. This is why immediate evidence preservation is critical. Surveillance footage is routinely overwritten within days, witnesses leave the scene, and the hazardous condition is cleaned up. An experienced premises liability attorney must move fast to preserve this evidence.

Common Types of Slip and Fall Accidents

Wet Floor Accidents

Spilled liquids in grocery store aisles, freshly mopped floors without warning signs, leaking refrigeration units in retail stores, rainwater tracked into building entryways without floor mats or barriers, condensation from air conditioning systems, and liquid from broken merchandise. Wet floor accidents are the most common type of slip and fall claim, and they frequently occur at locations including Publix, Walmart, Target, Winn-Dixie, and other major retailers.

Uneven or Damaged Walking Surfaces

Cracked or broken sidewalks, uneven pavement in parking lots, raised or sunken concrete joints, torn or bunched carpet, loose floor tiles, and transitions between different flooring surfaces that create a tripping hazard. These hazards are often the result of deferred maintenance — the property owner knew the surface was deteriorating and failed to repair it.

Inadequate Lighting

Poorly lit parking lots, stairwells, hallways, and building entryways that prevent visitors from seeing hazards in their path. Burned-out lights, broken fixtures, and intentionally dimmed lighting in areas where people must walk all create foreseeable slip, trip, and fall risks. Inadequate lighting is often a factor in both premises liability and negligent security claims.

Stairway and Escalator Accidents

Broken or missing handrails, worn or slippery stair treads, uneven step heights, debris on stairs, inadequate lighting in stairwells, and malfunctioning escalators. Falls on stairs frequently cause the most severe injuries because the victim may tumble multiple steps, striking their head, back, and limbs on hard surfaces.

Parking Lot and Sidewalk Hazards

Potholes, crumbling curbs, damaged speed bumps, oil or grease spills, inadequate drainage causing standing water, ice in northern Florida during rare freeze events, and missing or damaged wheel stops. Commercial property owners are responsible for maintaining their parking lots and walkways in a safe condition.

Swimming Pool Accidents

Slippery pool decks without adequate non-slip surfaces, broken or missing pool fencing, inadequate depth markers, absence of required safety equipment, and lack of lifeguard supervision when required. Swimming pool slip and fall cases may involve both premises liability and violation of applicable building codes or safety regulations.

Construction Site Hazards

Debris, uneven surfaces, unmarked excavations, missing guardrails, and slippery conditions at active construction sites. When a member of the public (not a construction worker) is injured on or adjacent to a construction site, the general contractor and property owner may both be liable.

Common Slip and Fall Injuries

The injuries caused by slip and fall accidents range from painful but temporary to permanently disabling. The severity depends on the nature of the fall, the surface involved, the victim’s age and physical condition, and which part of the body absorbs the impact. Common injuries include the following.

Broken Bones and Fractures

Hip fractures (especially in elderly victims, where a hip fracture can trigger a cascade of complications including surgery, prolonged immobility, blood clots, pneumonia, and death), wrist and arm fractures (from catching yourself during the fall), ankle fractures, vertebral compression fractures, and rib fractures. Fractures may require surgical repair with plates, screws, or joint replacement, followed by weeks or months of rehabilitation.

Traumatic Brain Injuries

When the victim’s head strikes the floor, a countertop, a shelf, or another hard surface during the fall, the result can be a concussion, subdural hematoma, or other traumatic brain injury. TBI can cause cognitive impairment, memory loss, personality changes, chronic headaches, and permanent disability. Elderly fall victims are at particularly high risk for brain bleeds even from seemingly minor impacts.

Spinal Cord Injuries

Falls from heights (stairs, elevated surfaces) or falls that cause the victim to land directly on their back or neck can cause herniated discs, vertebral fractures, and spinal cord damage. Severe spinal cord injuries result in partial or complete paralysis.

Soft Tissue Injuries

Torn ligaments, tendons, and muscles — particularly in the knees, shoulders, and back. Torn rotator cuffs, ACL and meniscus tears, and lumbar sprains and strains are common soft tissue injuries from falls. These injuries may require surgical repair and months of physical therapy.

Cuts, Lacerations, and Scarring

Falls that involve contact with sharp edges (shelving, broken glass, metal fixtures) can cause deep lacerations that require stitches and may leave permanent scars. Facial lacerations from falls are particularly devastating because of the permanent visible disfigurement.

Florida Slip and Fall Law — Key Legal Issues

Statute of Limitations — Two Years

Under Florida Statute § 95.11(3)(a), as amended by House Bill 837 (2023), you have two years from the date of the fall to file a lawsuit. If you miss this deadline, your case is permanently barred. Given the time required to investigate the incident, obtain surveillance footage, identify witnesses, and build the notice evidence that Florida law requires, you should contact an attorney as soon as possible after a fall.

Modified Comparative Negligence — The 51% Bar

Under Florida Statute § 768.81, if you are found to be more than 50% at fault for the accident, you are completely barred from recovery. Defense attorneys in slip and fall cases always argue that the victim was not paying attention, was looking at their phone, was wearing inappropriate footwear, or should have seen and avoided the hazard. If the jury assigns you more than 50% of the fault, you recover nothing. Having experienced trial counsel who can counter these arguments is essential.

Government Property — Sovereign Immunity

If your slip and fall occurred on government-owned or government-controlled property — a public sidewalk, a government building, a city park, a public school, or a state-owned facility — special rules apply under Florida Statute § 768.28. The sovereign immunity statute caps damages against government entities at $200,000 per person and $300,000 per incident unless a claims bill is passed by the Florida Legislature. Government claims also require a written notice of claim at least 180 days before filing suit and are subject to a three-year statute of limitations. These requirements are strictly enforced, and failure to comply is fatal to your claim.

Negligent Security

When a slip, trip, or fall occurs in the context of a criminal act — for example, an assault in a poorly lit parking lot or stairwell — the case may involve both premises liability and negligent security claims. Property owners who fail to provide reasonable security measures (adequate lighting, working locks, security cameras, security personnel) can be held liable for injuries that result from foreseeable criminal activity on their property.

What to Do After a Slip and Fall Accident

1. Report the incident immediately. Notify the store manager, property manager, or whoever is in charge of the premises. Ask them to create a written incident report. Get a copy or at least record the name of the person you reported it to and the time of the report.

2. Document the hazard. Take photographs and video of the exact spot where you fell, the substance or condition that caused the fall (the puddle, the torn carpet, the broken step, the pothole), and the surrounding area. Photograph the absence of warning signs. If your shoes or clothing were affected by the substance, preserve them as evidence.

3. Get witness information. If anyone saw you fall or saw the hazardous condition, get their names and phone numbers. Witness testimony is powerful evidence in slip and fall cases — particularly witnesses who can confirm that the hazard existed before you arrived.

4. Seek medical attention. Even if you think your injuries are minor, go to the emergency room or an urgent care facility. Some injuries (concussions, internal injuries, fractures) may not produce immediate pain. Your medical records from the day of the fall are critical evidence linking your injuries to the accident.

5. Request surveillance footage immediately. Most commercial properties have security cameras. Surveillance footage is the most powerful evidence in a slip and fall case — it can show the hazard, how long it existed, whether employees walked past it without addressing it, and the fall itself. But surveillance systems routinely overwrite footage within days. You or your attorney must request preservation of the footage in writing immediately.

6. Contact an experienced premises liability attorney. Slip and fall cases require fast action to preserve evidence. Phillips, Hunt & Walker will immediately send a preservation letter to the property owner, obtain surveillance footage, interview witnesses, and begin building the notice evidence that Florida law requires. We offer free consultations and work on a contingency fee basis — you pay nothing unless we win.

Where Slip and Fall Accidents Happen in Jacksonville

Our firm has handled premises liability cases at virtually every type of commercial property in the Jacksonville area. Common locations include grocery stores (Publix, Winn-Dixie, Walmart, ALDI, Trader Joe’s), restaurants and fast food establishments, big-box retailers (Target, Home Depot, Lowe’s, Costco), shopping malls and strip centers (St. Johns Town Center, The Avenues, River City Marketplace), hotels and resorts, office buildings and medical facilities, apartment complexes and condominium common areas, gas stations and convenience stores, government buildings and public sidewalks, theme parks and entertainment venues, and nursing homes and assisted living facilities.

Liability of Multiple Parties in Florida Slip and Fall Cases

Slip and fall cases often involve more than one potentially liable party. Identifying every responsible party is essential to maximizing your recovery, particularly because Florida’s modified comparative fault system (HB 837) now bars recovery entirely if you are found more than 50 percent at fault.

Property Owners and Landlords

The property owner bears primary responsibility for maintaining safe conditions on the premises. However, when a property is leased to a commercial tenant, both the landlord and the tenant may share liability depending on who was contractually responsible for maintenance and repairs. If a lease agreement assigns maintenance duties to the tenant — such as keeping floors clean, repairing broken handrails, or clearing parking lot hazards — the tenant may be independently liable for injuries caused by those conditions. Our attorneys review lease agreements, maintenance contracts, and property management records to identify every party whose negligence contributed to your injury.

Property Management Companies and Maintenance Contractors

Many commercial and residential properties in Jacksonville are managed by third-party property management companies that assume day-to-day responsibility for safety inspections, cleaning schedules, and hazard remediation. When a management company fails to implement adequate safety protocols or ignores known hazards, it can be held directly liable for injuries that result. Similarly, independent maintenance contractors hired to perform cleaning, landscaping, or repair work may be liable if their negligence created the dangerous condition — such as leaving a wet floor without warning signs, applying an excessively slippery wax or sealant, or failing to repair a known trip hazard. Phillips, Hunt & Walker investigates the full chain of responsibility to ensure that all negligent parties are held accountable.

Why Choose Phillips, Hunt & Walker for Your Slip and Fall Case

Slip and fall cases are among the most undervalued and most aggressively defended cases in personal injury law. Insurance companies know that juries are skeptical of fall claims, and they exploit that skepticism by offering lowball settlements or denying claims outright. Our firm brings Board Certified trial expertise, a track record of over $500 million in recoveries, defense-side experience (John Phillips spent years defending insurance companies and knows exactly how they evaluate and fight premises liability claims), the resources to retain expert witnesses (biomechanical engineers, safety experts, lighting consultants, and medical specialists), and the willingness to take your case to trial if the property owner will not accept responsibility.

In 2025, John Phillips was named one of the Top 200 Lawyers in America and one of the Top 20 Lawyers in Florida by the Forbes Editorial Board — editorial and peer-reviewed, not pay-to-play. He holds the third-most state bar licenses of any attorney in the country and has been called “the best lawyer in America” by famed attorney Robert Shapiro.

PHW charges no copy costs and no interest on litigation expenses. Most competing firms bill clients for every stamp, copy, and courier — and charge LIBOR + 8% (currently 12%+) interest on case costs while your case is pending. Some profit from delay. PHW does neither. Every dollar that comes in goes to the client, not back to the firm’s internal ledger.

Slip and Fall Damages — What Compensation Is Available

Slip and fall injuries can range from minor bruising to catastrophic, life-altering conditions. The damages available in a Florida premises liability case reflect the full spectrum of harm caused by a property owner’s negligence.

Economic Damages

Economic damages cover the measurable financial impact of your injury. This includes past and future medical expenses — emergency room visits, surgeries, diagnostic imaging, physical therapy, prescription medications, and any ongoing treatment required as a result of the fall. If your injuries prevent you from working, you may recover lost wages and lost earning capacity. In severe cases involving traumatic brain injuries, spinal cord injuries, or permanent disability from a fall, economic damages may also include the cost of home healthcare, assistive devices, home modifications, and life care planning. Our firm works with economists and vocational rehabilitation experts to calculate these future costs so that a settlement or verdict accurately reflects what you will need.

Non-Economic Damages

Non-economic damages compensate for the human toll of a slip and fall injury — physical pain and suffering, mental anguish, loss of enjoyment of life, inconvenience, and disfigurement. A hip fracture that ends an active grandmother’s ability to garden, walk her neighborhood, and play with her grandchildren has value beyond the medical bills. A traumatic brain injury from striking a concrete floor may cause personality changes, memory loss, and depression that fundamentally alter the victim’s quality of life. Florida does not cap non-economic damages in premises liability cases, meaning juries have full authority to award damages that reflect the true severity of the harm.

Comparative Fault and Its Impact on Your Recovery

Florida follows a modified comparative negligence standard under the 2023 tort reform legislation. If you are found to be partially at fault for your slip and fall — for example, if you were looking at your phone while walking, or if you ignored a warning sign — your damages will be reduced by your percentage of fault. If you are found to be more than 50 percent at fault, you are barred from recovery entirely. Property owners and their insurance companies aggressively argue comparative fault in every slip and fall case. This is why preserving evidence of the hazardous condition, documenting the absence of warning signs, and retaining an experienced premises liability attorney early in the process is critical to protecting your claim.

Building a Strong Slip and Fall Case — Evidence That Matters

The success of a slip and fall case depends almost entirely on the evidence gathered in the hours and days following the incident. Unlike car accidents where police reports and vehicle damage provide clear documentation, slip and fall hazards can be cleaned up, repaired, or removed within minutes of an accident. Property owners have every incentive to eliminate evidence of the dangerous condition as quickly as possible.

The most valuable evidence in a slip and fall case includes photographs and video of the hazard taken as close to the time of the fall as possible, including wide-angle shots showing the surrounding area and the absence of warning signs or barriers. Surveillance camera footage from the property is critical — but it is often overwritten within 24 to 72 hours if not preserved by a formal spoliation letter from your attorney. Incident reports filed with the property manager, statements from witnesses who saw the fall or the hazardous condition, and your own medical records documenting the injury and its mechanism all form the foundation of a strong case.

At Phillips, Hunt & Walker, we send evidence preservation demands immediately upon engagement. We retain professional investigators and accident reconstruction experts when necessary to document the scene, interview witnesses, and establish the timeline of how long the hazardous condition existed before your fall. Under Florida premises liability law, proving that the property owner knew or should have known about the dangerous condition — the “notice” element — is often the most contested issue in the case. Our investigative process is designed to establish that notice from day one.

Statute of Limitations and Timing Considerations

Florida’s 2023 tort reform legislation (HB 837) reduced the statute of limitations for negligence-based personal injury claims from four years to two years. For slip and fall accidents occurring after March 24, 2023, you have only two years from the date of the accident to file a lawsuit. If the property owner is a government entity — such as a city-owned building, a public park, or a state office — additional pre-suit notice requirements under Section 768.28, Florida Statutes, apply, and deadlines can be significantly shorter. Failing to meet these deadlines permanently bars your claim, regardless of how strong the evidence may be. This shortened timeline makes it essential to consult an attorney immediately after a slip and fall injury so that evidence can be preserved, witness statements secured, and the claims process initiated before critical deadlines pass.

Frequently Asked Questions About Slip and Fall Cases in Florida

How do I prove the property owner knew about the hazard? Through evidence of actual or constructive knowledge. Actual knowledge comes from employee testimony, incident reports, or maintenance logs showing the owner knew about the condition. Constructive knowledge can be shown by proving the hazard existed long enough that reasonable inspection would have discovered it, or that the condition occurred with regularity. Surveillance footage is often the strongest evidence available.

What if there was a “Wet Floor” sign? A warning sign does not automatically defeat your claim. The sign must be placed in a location where you would reasonably see it before encountering the hazard. A sign placed after you have already entered the hazardous area, a sign that is knocked over or obscured, or a sign that is placed far from the actual hazard may not constitute adequate warning. The adequacy of the warning is a question of fact for the jury.

How long do I have to file a slip and fall lawsuit? Two years from the date of the fall under Florida Statute § 95.11(3)(a). For claims against government entities, the statute of limitations is three years, but you must send a written notice of claim at least 180 days before filing suit.

What if I was partially at fault for the fall? Under Florida’s modified comparative negligence law, your damages are reduced by your percentage of fault. If you are found more than 50% at fault, you are completely barred from recovery. Defense attorneys will argue you were distracted, wearing improper footwear, or should have seen the hazard. Experienced trial counsel can counter these arguments.

What damages can I recover in a slip and fall case? Medical expenses (past and future), lost wages and lost earning capacity, pain and suffering, mental anguish, disability, scarring and disfigurement, loss of enjoyment of life, and in cases involving particularly egregious conduct, punitive damages. There are currently no caps on non-economic damages in standard premises liability cases in Florida.

What does it cost to hire a slip and fall attorney? Nothing upfront. Phillips, Hunt & Walker works on a contingency fee basis — you pay no attorney fees unless we recover compensation for you. We advance all costs and expenses, including expert fees, court costs, and medical record procurement. We do not charge for copies and we do not add interest to case expenses.

Areas We Serve

Phillips, Hunt & Walker represents slip and fall victims throughout Florida, including Jacksonville (Duval County), Orange Park and Fleming Island (Clay County), St. Augustine and Ponte Vedra Beach (St. Johns County), Fernandina Beach and Amelia Island (Nassau County), Macclenny (Baker County), Gainesville (Alachua County), and statewide. Our attorneys are licensed in multiple states and handle premises liability cases nationwide when the circumstances require it.

Contact Our Jacksonville Slip and Fall Attorneys

If you have been injured in a slip and fall accident on someone else’s property, time is critical. Surveillance footage is being overwritten, the hazardous condition has been cleaned up, and the property owner’s insurance company is already preparing its defense. The two-year statute of limitations is unforgiving. Phillips, Hunt & Walker offers free, confidential consultations for all slip and fall cases. We will review the facts, move immediately to preserve evidence, and give you an honest assessment of your case — with no pressure and no cost.

Call us today at (904) 444-4444 or contact us online. If you cannot come to us, we will come to you.

Related Practice Areas

Phillips, Hunt & Walker handles a broad range of negligence claims throughout Jacksonville. Slip and fall injuries in healthcare settings may overlap with nursing home abuse and neglect claims. If a property owner’s negligence caused harm through a medical provider’s error, our medical malpractice attorneys can evaluate your case. When a fall results in fatal injuries, our wrongful death lawyers hold negligent parties accountable. Visit our Jacksonville personal injury attorney page for a full overview or call (904) 444-4444. We also defend clients facing criminal charges and represent families in divorce and custody matters, applying the same trial-ready approach to every case we handle.