Slip and fall
Insufficient warning of a slippery or wet walking surface.
Orange Park - Jacksonville - Clay, Duval & St. Johns County
Florida law makes fall cases harder to win than most people expect. The proof your case needs starts disappearing the day you fall. Attorney Jeff Soud has handled premises cases in North Florida courts for more than 30 years.
Call 904-353-9000 or text the SMART Line™ at 904-639-5308 anytime.
Free consultation · No fee unless we win
From Attorney Jeff Soud
Florida used to be one of the best states for slip and fall cases. That changed on July 1, 2010. Since then, the law puts the burden squarely on the injured person, and these cases are harder to win than most people expect. I would rather tell you that up front than let an adjuster surprise you with it.
You must prove what the property owner knew. Under Florida Statute 768.0755, you generally must prove the business had knowledge of the dangerous condition and could have done something about it, or that the condition happened often enough that they should have foreseen it.
Proving what someone knew is hard. Business owners know how to protect their interests. That is exactly why the evidence work has to start early, and why it is a lawyer's job, not yours.
Insufficient warning of a slippery or wet walking surface.
An object blocking the way with no safety barrier or warning of its presence.
A hole or uneven surface that causes you to lose your balance.
A protrusion that catches or snags your foot and causes you to fall.
Most businesses have security cameras now. Your lawyer should move immediately to collect or demand preservation of the footage of your fall and the surrounding area. That video can be the difference in proving what the business knew.
A preservation letter alone will not save your case. Sending a spoliation letter to a potential defendant is a start, not a strategy. Camera systems overwrite themselves, witnesses scatter, and conditions get fixed the next morning. The work has to be done, not just requested.
Meet me, not an investigator. There is a lot more to these cases than what fits on this page. Come in for a free appointment, sit down with me, and we will discuss your specific case in detail.
Generally, that the property owner had knowledge of the dangerous condition and could have done something about it, or that the dangerous condition occurred with enough regularity that it was foreseeable. Florida Statute 768.0755 governs falls involving transitory substances in businesses.
Report the fall to the business and ask for an incident report, photograph the condition that caused it, get names of witnesses, and see a doctor. Then talk to a lawyer quickly, because camera footage is often overwritten within days or weeks.
Harder than most people expect. Since the law changed in 2010, the burden is on the injured person to prove what the business knew. That is the honest answer, and it is why early evidence work matters so much.
The consultation is free and we work on a contingency fee. You pay no fee unless we win your case.
Yes. Your free appointment is with Attorney Soud, not an investigator or paralegal. He signs up most clients personally, and a small senior team works the case with him.
Security cameras record over old video within days or weeks, and the condition that caused your fall may be fixed by tomorrow morning. If you were hurt on someone else's property, reach out before the proof disappears.
Office: 904-353-9000