WE HAVE RECOVERED MILLIONS
OF DOLLARS FOR OUR CLIENTS
$3,400,000
Traffic Fatality
$2,150,000
Traffic Accident
$1,300,000
Motorcycle Accident
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Fatality |
WE HAVE RECOVERED MILLIONS OF DOLLARS FOR OUR CLIENTS
$3,400,000 |
$2,150,000 |
$1,300,000 |
Traffic Accident |
Traffic Fatality |
Motorcycle Accident |
SLIP AND FALL ATTORNEYS IN JACKSONVILLE
Slip and fall accidents can occur in an instant, often resulting in painful, long-term, or even life-altering injuries. Whether it’s a slippery surface, uneven flooring, poor lighting, or a neglected hazard, these incidents are often the result of a property owner’s negligence. If you’ve suffered a fall, it is critical to seek legal guidance from an experienced personal injury attorney as soon as possible.
At McGRATH GIBSON LAW, our slip and fall attorneys in Jacksonville have successfully represented hundreds of clients injured on commercial, residential, and public properties. We understand the complexities of Florida premises liability laws and how to build strong cases that prove negligence and maximize compensation. From medical expenses and lost income to pain and suffering, we work tirelessly to ensure every client receives the full compensation they are entitled to.
Put our experience, resources, and proven track record to work for you. Contact our slip and fall attorneys in Jacksonville today for a free consultation. We don’t charge any fees unless we win your case.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
SLIP AND FALL ATTORNEYS IN JACKSONVILLE
Slip and fall accidents can occur in an instant, often resulting in painful, long-term, or even life-altering injuries. Whether it’s a slippery surface, uneven flooring, poor lighting, or a neglected hazard, these incidents are often the result of a property owner’s negligence. If you’ve suffered a fall, it is critical to seek legal guidance from an experienced personal injury attorney as soon as possible.
At McGRATH GIBSON LAW, our slip and fall attorneys in Jacksonville have successfully represented hundreds of clients injured on commercial, residential, and public properties. We understand the complexities of Florida premises liability laws and how to build strong cases that prove negligence and maximize compensation. From medical expenses and lost income to pain and suffering, we work tirelessly to ensure every client receives the full compensation they are entitled to.
Put our experience, resources, and proven track record to work for you. Contact our slip and fall attorneys in Jacksonville today for a free consultation. We don’t charge any fees unless we win your case.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
SLIP AND FALL ATTORNEYS IN JACKSONVILLE
Slip and fall accidents can occur in an instant, often resulting in painful, long-term, or even life-altering injuries. Whether it’s a slippery surface, uneven flooring, poor lighting, or a neglected hazard, these incidents are often the result of a property owner’s negligence. If you’ve suffered a fall, it is critical to seek legal guidance from an experienced personal injury attorney as soon as possible.
At McGRATH GIBSON LAW, our slip and fall attorneys in Jacksonville have successfully represented hundreds of clients injured on commercial, residential, and public properties. We understand the complexities of Florida premises liability laws and how to build strong cases that prove negligence and maximize compensation. From medical expenses and lost income to pain and suffering, we work tirelessly to ensure every client receives the full compensation they are entitled to.
Put our experience, resources, and proven track record to work for you. Contact our slip and fall attorneys in Jacksonville today for a free consultation. We don’t charge any fees unless we win your case.
Rapid Response Contact Form
Free Consultations | NO Upfront Fees
What Our Clients Are Saying
What Our Clients Are Saying
Fall Injury? What You Need To Know.
If you were injured in a slip and fall accident on commercial, private, or public property, what you do immediately afterward can significantly impact your ability to recover compensation. One of the most important steps is to preserve the details and evidence surrounding your accident while they are still fresh and available. This evidence will be a key aspect that our slip and fall attorneys in Jacksonville will use in making your claim.
While a police report may be filed if a 911 call is made or if serious injuries occur, in many cases, there is little to no official documentation. When commercial or public property managers do file an incident report, their version is often incomplete—or worse, written to deflect responsibility. That’s why it’s essential to protect your own interests from the start.
It is also common for insurance companies representing the property owner to contact victims soon after the accident. If this happens, do not provide any statements or discuss your injuries. Instead, refer all inquiries to our experienced slip and fall attorneys in Jacksonville at McGRATH GIBSON LAW. Anything you say can be used to reduce or deny your rightful claim.
If you are physically able, begin gathering evidence immediately:
- Take photos or videos of the hazard or scene where the fall occurred.
- Write down exactly what happened and what caused your fall.
- Note the date, time, lighting, weather conditions, and names of witnesses.
- Keep records of any medical treatment and follow-up care.
Our slip and fall attorneys in Jacksonville will assist in recovering key evidence such as surveillance footage, maintenance logs, incident reports, and witness statements. We know how to build a strong case that proves negligence and ensures you receive compensation for medical bills, lost income, pain and suffering, and any long-term impact your injuries may cause.
Contact McGRATH GIBSON LAW today for a free case evaluation. There are no out-of-pocket costs for our representation and we only get paid after you receive compensation for your injuries and loses.
Fall Injury? What You Need To Know.
If you were injured in a slip and fall accident on commercial, private, or public property, what you do immediately afterward can significantly impact your ability to recover compensation. One of the most important steps is to preserve the details and evidence surrounding your accident while they are still fresh and available. This evidence will be a key aspect that our slip and fall attorneys in Jacksonville will use in making your claim.
While a police report may be filed if a 911 call is made or if serious injuries occur, in many cases, there is little to no official documentation. When commercial or public property managers do file an incident report, their version is often incomplete—or worse, written to deflect responsibility. That’s why it’s essential to protect your own interests from the start.
It is also common for insurance companies representing the property owner to contact victims soon after the accident. If this happens, do not provide any statements or discuss your injuries. Instead, refer all inquiries to our experienced slip and fall attorneys in Jacksonville at McGRATH GIBSON LAW. Anything you say can be used to reduce or deny your rightful claim.
If you are physically able, begin gathering evidence immediately:
- Take photos or videos of the hazard or scene where the fall occurred.
- Write down exactly what happened and what caused your fall.
- Note the date, time, lighting, weather conditions, and names of witnesses.
- Keep records of any medical treatment and follow-up care.
Our slip and fall attorneys in Jacksonville will assist in recovering key evidence such as surveillance footage, maintenance logs, incident reports, and witness statements. We know how to build a strong case that proves negligence and ensures you receive compensation for medical bills, lost income, pain and suffering, and any long-term impact your injuries may cause.
Contact McGRATH GIBSON LAW today for a free case evaluation. There are no out-of-pocket costs for our representation and we only get paid after you receive compensation for your injuries and loses.
Fall Injury? What You Need To Know.
If you were injured in a slip and fall accident on commercial, private, or public property, what you do immediately afterward can significantly impact your ability to recover compensation. One of the most important steps is to preserve the details and evidence surrounding your accident while they are still fresh and available. This evidence will be a key aspect that our slip and fall attorneys in Jacksonville will use in making your claim.
While a police report may be filed if a 911 call is made or if serious injuries occur, in many cases, there is little to no official documentation. When commercial or public property managers do file an incident report, their version is often incomplete—or worse, written to deflect responsibility. That’s why it’s essential to protect your own interests from the start.
It is also common for insurance companies representing the property owner to contact victims soon after the accident. If this happens, do not provide any statements or discuss your injuries. Instead, refer all inquiries to our experienced slip and fall attorneys in Jacksonville at McGRATH GIBSON LAW. Anything you say can be used to reduce or deny your rightful claim.
If you are physically able, begin gathering evidence immediately:
- Take photos or videos of the hazard or scene where the fall occurred.
- Write down exactly what happened and what caused your fall.
- Note the date, time, lighting, weather conditions, and names of witnesses.
- Keep records of any medical treatment and follow-up care.
Our slip and fall attorneys in Jacksonville will assist in recovering key evidence such as surveillance footage, maintenance logs, incident reports, and witness statements. We know how to build a strong case that proves negligence and ensures you receive compensation for medical bills, lost income, pain and suffering, and any long-term impact your injuries may cause.
Contact McGRATH GIBSON LAW today for a free case evaluation. There are no out-of-pocket costs for our representation and we only get paid after you receive compensation for your injuries and loses.
Slip And Fall Laws In Florida
Under Florida law there are different categories for those who are injured at or on a commercial, private or public property. The plaintiff(s), those injured are owed a different duty or responsibility by the owner or those responsible for these types of properties.
First, the jury must determine whether the plaintiff was an invitee or invited license; a welcomed visitor such as a person shopping at a store or visiting a public park. Or if the plaintiff is a trespasser or an uninvited licensee; a person on the premises unlawfully or without the owner or occupier’s permission.
Our slip and fall attorneys in Jacksonville will help you understand this definition and determine which applies to you.
Slip and fall injuries are first categorized by a jury into one of the following two ways:
1. Invitee or invited licensee:
Whether, at the time and place of the incident, the Plaintiff was invited on premises owned by or in the possession of Defendant. A person is invited on land or premises of another when he/she enters or remains there at the invitation of the owner or possessor. An invitation may be either express or reasonably implied from the circumstances.
A person remains invited as long as he/she uses the premises in the customary manner or in a manner which the owner or possessor of the premises might reasonably have expected and at a place where the visitor was invited or where he/she was permitted to be or where he/she might reasonably have been expected by the owner or possessor to be.
2. Discovered trespasser or uninvited licensee whose presence is foreseeable:
Whether, at the time and place of the incident in this case, Defendant had a duty to use reasonable care for the safety of Plaintiff. A person who owns or has possession of land or premises, who knows of a condition on the premises which involves an unreasonable risk of harm to another person on the premises has a duty to use reasonable care to warn the other person of the condition and the risk involved, if the presence of the other person is known *[or reasonably foreseeable] by the owner or possessor and if the other neither knew nor should have known of the condition and risk by the use of reasonable care.
After deciding whether the plaintiff was an invited licensee or an uninvited licensee, the jury will then decide whether the owner or occupier was negligent.
1. Landowner or possessor’s negligence toward invitee and invited licensee:
Whether Defendant 1.) negligently failed to maintain the premises in a reasonably safe condition, or 2.) negligently failed to correct a dangerous condition about which Defendant either knew or should have known, by the use of reasonable care, or 3.) negligently failed to warn Plaintiff of a dangerous condition about which Defendant had, or should have had, knowledge greater than that of Plaintiff; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
2. Landowner or possessor’s negligence toward discovered trespasser or foreseeable licensee:
Whether Defendant negligently failed to warn Plaintiff of a dangerous condition and risk which were known to Defendant and of which Plaintiff neither knew nor should have known, by the use of reasonable care; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
For example, if you were injured while shopping at any grocery store, you would be considered an invitee and owed the highest possible duty by the owner or occupier of the property. The owner or occupier would have to be sure that the premise was reasonably maintained in a safe condition. So, if the store allowed liquid detergent to pool for a period of time, which such pool of detergent caused the Plaintiff to slip and fall and suffer injury, the owner and/or occupier of the store would be liable for the injuries that resulted from such fall. Such occurrences are very common.
Damages That Slip And Fall Victims Can Claim
If you are a victim of a slip and fall accident that took place on commercial property such as a grocery store or restaurant, at a private residence, while visiting a public property such as a park or boat ramp, or while on government property, Under Florida law, you may claim damages for financial, emotional and physical losses. Our slip and fall attorneys in Jacksonville will help you identify the damages that you can and should claim. These damages or premises liability claims are grouped into the following two categories:
Economic Damages
- The costs of medical care related to your injuries, including expected future medical care.
- The costs of current and future care for disabilities related to your injuries.
- Lost wages and lost future earnings as a result of your injuries.
- Any property damages that occurred in your accident.
Non-Economic Damages
- Pain and suffering.
- Permanent Disability.
- Reduced quality of life.
- Aesthetic damages such as disfigurement and scarring.
- Depression.
- Anxiety.
- Emotional distress.
Understanding Comparative Negligence Laws
Florida’s comparative negligence law is a legal tool often used by insurance companies and defense attorneys to reduce the amount of compensation owed to injured victims. If you’ve been hurt in a slip and fall accident, it’s critical to understand how this law works, and how it can be used against you.
At McGRATH GIBSON LAW, our experienced slip and fall attorneys in Jacksonville are highly skilled in identifying and countering these legal tactics. Here’s what you need to know:
What Is Comparative Negligence?
Florida follows a modified comparative negligence system (per Florida Statutes §768.81). This means that if a plaintiff is found partially at fault for an accident, their compensation will be reduced in proportion to their percentage of fault. However, if the plaintiff is found to be more than 50% responsible, they are barred from recovering any damages.
How Comparative Negligence Is Used in Slip and Fall Cases
Insurance adjusters and defense attorneys representing property owners will often try to shift blame to the victim. Here are some common tactics:
- Claiming the hazard was open and obvious: They may argue that a “reasonable person” would have noticed the hazard and avoided it.
- Questioning your footwear or attire: If you were wearing sandals, high heels, or shoes deemed “inappropriate,” they may use this as a basis to argue contributory negligence.
- Stating the condition was too recent to be addressed: They might claim the spill or hazard had just occurred and they had not yet had time to remedy or warn about it.
- Arguing distraction: If you were on your phone or otherwise distracted, they may argue that your inattention contributed to the fall.
The goal in all these cases is to reduce the defendant’s liability and thereby reduce the amount of compensation they have to pay you.
Why Legal Representation Matters
For example, if you file a claim for $100,000 in damages, and the defense successfully argues that you were 25% at fault, your award could be reduced to $75,000. That’s $25,000 lost based on arguments that may not even be fair or legally valid.
This is where our slip and fall attorneys in Jacksonville come in.
We thoroughly investigate each case, gather strong supporting evidence, interview witnesses, secure surveillance footage, and counter every tactic the insurance company may use to shift blame. We are committed to maximizing your recovery and protecting your right to full and fair compensation.
Don’t Let the Insurance Company Undervalue Your Case
If you’ve been injured on someone else’s property, whether commercial, public, or private, don’t go it alone. Let our experienced slip and fall attorneys in Jacksonville fight back against comparative negligence claims and help you recover the compensation you deserve.
Call McGRATH GIBSON LAW today for a free consultation. There are no upfront, out-of-pocket costs to you. We cover all court costs and investigation costs associated to your claims. And we only get paid for our representation if you receive compensation.
We Make The Law Work For You
Understanding how Florida law applies to a slip and fall accident/injury can be confusing, especially when you’re dealing with pain, stress, and uncertainty. The legal language surrounding premises liability is complex, and knowing which laws apply to your specific situation requires experienced legal insight.
That’s where our slip and fall attorneys in Jacksonville come in.
At McGRATH GIBSON LAW, we have in-depth knowledge of the laws governing slip and fall injuries on commercial, public, and private properties. We help our clients make sense of the legal process and ensure they fully understand their rights. Our attorneys will carefully assess the circumstances of your accident, gather critical evidence, and explain how Florida’s premises liability and comparative negligence laws apply to your case.
Whether your injuries occurred due to a wet floor, uneven pavement, poor lighting, or another hazardous condition, our legal team is here to help you pursue the compensation you deserve for your medical bills, pain and suffering, lost wages, and more.
Contact our slip and fall attorneys in Jacksonville as soon as possible, before key evidence disappears and while the details are still fresh in your mind. The initial consultation and case review is free, and there are no out-of-pocket costs for our representation. We only get paid if when we win your case.
Call us now at (904) 358-3300 to protect your rights and begin your path to recovery.
Slip And Fall Laws In Florida
Under Florida law there are different categories for those who are injured at or on a commercial, private or public property. The plaintiff(s), those injured are owed a different duty or responsibility by the owner or those responsible for these types of properties.
First, the jury must determine whether the plaintiff was an invitee or invited license; a welcomed visitor such as a person shopping at a store or visiting a public park. Or if the plaintiff is a trespasser or an uninvited licensee; a person on the premises unlawfully or without the owner or occupier’s permission.
Our slip and fall attorneys in Jacksonville will help you understand this definition and determine which applies to you.
Slip and fall injuries are first categorized by a jury into one of the following two ways:
1. Invitee or invited licensee:
Whether, at the time and place of the incident, the Plaintiff was invited on premises owned by or in the possession of Defendant. A person is invited on land or premises of another when he/she enters or remains there at the invitation of the owner or possessor. An invitation may be either express or reasonably implied from the circumstances.
A person remains invited as long as he/she uses the premises in the customary manner or in a manner which the owner or possessor of the premises might reasonably have expected and at a place where the visitor was invited or where he/she was permitted to be or where he/she might reasonably have been expected by the owner or possessor to be.
2. Discovered trespasser or uninvited licensee whose presence is foreseeable:
Whether, at the time and place of the incident in this case, Defendant had a duty to use reasonable care for the safety of Plaintiff. A person who owns or has possession of land or premises, who knows of a condition on the premises which involves an unreasonable risk of harm to another person on the premises has a duty to use reasonable care to warn the other person of the condition and the risk involved, if the presence of the other person is known *[or reasonably foreseeable] by the owner or possessor and if the other neither knew nor should have known of the condition and risk by the use of reasonable care.
After deciding whether the plaintiff was an invited licensee or an uninvited licensee, the jury will then decide whether the owner or occupier was negligent.
1. Landowner or possessor’s negligence toward invitee and invited licensee:
Whether Defendant 1.) negligently failed to maintain the premises in a reasonably safe condition, or 2.) negligently failed to correct a dangerous condition about which Defendant either knew or should have known, by the use of reasonable care, or 3.) negligently failed to warn Plaintiff of a dangerous condition about which Defendant had, or should have had, knowledge greater than that of Plaintiff; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
2. Landowner or possessor’s negligence toward discovered trespasser or foreseeable licensee:
Whether Defendant negligently failed to warn Plaintiff of a dangerous condition and risk which were known to Defendant and of which Plaintiff neither knew nor should have known, by the use of reasonable care; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
For example, if you were injured while shopping at any grocery store, you would be considered an invitee and owed the highest possible duty by the owner or occupier of the property. The owner or occupier would have to be sure that the premise was reasonably maintained in a safe condition. So, if the store allowed liquid detergent to pool for a period of time, which such pool of detergent caused the Plaintiff to slip and fall and suffer injury, the owner and/or occupier of the store would be liable for the injuries that resulted from such fall. Such occurrences are very common.
Damages That Slip And Fall Victims Can Claim
If you are a victim of a slip and fall accident that took place on commercial property such as a grocery store or restaurant, at a private residence, while visiting a public property such as a park or boat ramp, or while on government property, Under Florida law, you may claim damages for financial, emotional and physical losses. Our slip and fall attorneys in Jacksonville will help you identify the damages that you can and should claim. These damages or premises liability claims are grouped into the following two categories:
Economic Damages
- The costs of medical care related to your injuries, including expected future medical care.
- The costs of current and future care for disabilities related to your injuries.
- Lost wages and lost future earnings as a result of your injuries.
- Any property damages that occurred in your accident.
Non-Economic Damages
- Pain and suffering.
- Permanent Disability.
- Reduced quality of life.
- Aesthetic damages such as disfigurement and scarring.
- Depression.
- Anxiety.
- Emotional distress.
Understanding Comparative Negligence Laws
Florida’s comparative negligence law is a legal tool often used by insurance companies and defense attorneys to reduce the amount of compensation owed to injured victims. If you’ve been hurt in a slip and fall accident, it’s critical to understand how this law works, and how it can be used against you.
At McGRATH GIBSON LAW, our experienced slip and fall attorneys in Jacksonville are highly skilled in identifying and countering these legal tactics. Here’s what you need to know:
What Is Comparative Negligence?
Florida follows a modified comparative negligence system (per Florida Statutes §768.81). This means that if a plaintiff is found partially at fault for an accident, their compensation will be reduced in proportion to their percentage of fault. However, if the plaintiff is found to be more than 50% responsible, they are barred from recovering any damages.
How Comparative Negligence Is Used in Slip and Fall Cases
Insurance adjusters and defense attorneys representing property owners will often try to shift blame to the victim. Here are some common tactics:
- Claiming the hazard was open and obvious: They may argue that a “reasonable person” would have noticed the hazard and avoided it.
- Questioning your footwear or attire: If you were wearing sandals, high heels, or shoes deemed “inappropriate,” they may use this as a basis to argue contributory negligence.
- Stating the condition was too recent to be addressed: They might claim the spill or hazard had just occurred and they had not yet had time to remedy or warn about it.
- Arguing distraction: If you were on your phone or otherwise distracted, they may argue that your inattention contributed to the fall.
The goal in all these cases is to reduce the defendant’s liability and thereby reduce the amount of compensation they have to pay you.
Why Legal Representation Matters
For example, if you file a claim for $100,000 in damages, and the defense successfully argues that you were 25% at fault, your award could be reduced to $75,000. That’s $25,000 lost based on arguments that may not even be fair or legally valid.
This is where our slip and fall attorneys in Jacksonville come in.
We thoroughly investigate each case, gather strong supporting evidence, interview witnesses, secure surveillance footage, and counter every tactic the insurance company may use to shift blame. We are committed to maximizing your recovery and protecting your right to full and fair compensation.
Don’t Let the Insurance Company Undervalue Your Case
If you’ve been injured on someone else’s property, whether commercial, public, or private, don’t go it alone. Let our experienced slip and fall attorneys in Jacksonville fight back against comparative negligence claims and help you recover the compensation you deserve.
Call McGRATH GIBSON LAW today for a free consultation. There are no upfront, out-of-pocket costs to you. We cover all court costs and investigation costs associated to your claims. And we only get paid for our representation if you receive compensation.
We Make The Law Work For You
Understanding how Florida law applies to a slip and fall accident/injury can be confusing, especially when you’re dealing with pain, stress, and uncertainty. The legal language surrounding premises liability is complex, and knowing which laws apply to your specific situation requires experienced legal insight.
That’s where our slip and fall attorneys in Jacksonville come in.
At McGRATH GIBSON LAW, we have in-depth knowledge of the laws governing slip and fall injuries on commercial, public, and private properties. We help our clients make sense of the legal process and ensure they fully understand their rights. Our attorneys will carefully assess the circumstances of your accident, gather critical evidence, and explain how Florida’s premises liability and comparative negligence laws apply to your case.
Whether your injuries occurred due to a wet floor, uneven pavement, poor lighting, or another hazardous condition, our legal team is here to help you pursue the compensation you deserve for your medical bills, pain and suffering, lost wages, and more.
Contact our slip and fall attorneys in Jacksonville as soon as possible, before key evidence disappears and while the details are still fresh in your mind. The initial consultation and case review is free, and there are no out-of-pocket costs for our representation. We only get paid if when we win your case.
Call us now at (904) 358-3300 to protect your rights and begin your path to recovery.
Slip And Fall Laws In Florida
Under Florida law there are different categories for those who are injured at or on a commercial, private or public property. The plaintiff(s), those injured are owed a different duty or responsibility by the owner or those responsible for these types of properties.
First, the jury must determine whether the plaintiff was an invitee or invited license; a welcomed visitor such as a person shopping at a store or visiting a public park. Or if the plaintiff is a trespasser or an uninvited licensee; a person on the premises unlawfully or without the owner or occupier’s permission.
Our slip and fall attorneys in Jacksonville will help you understand this definition and determine which applies to you.
Slip and fall injuries are first categorized by a jury into one of the following two ways:
1. Invitee or invited licensee:
Whether, at the time and place of the incident, the Plaintiff was invited on premises owned by or in the possession of Defendant. A person is invited on land or premises of another when he/she enters or remains there at the invitation of the owner or possessor. An invitation may be either express or reasonably implied from the circumstances.
A person remains invited as long as he/she uses the premises in the customary manner or in a manner which the owner or possessor of the premises might reasonably have expected and at a place where the visitor was invited or where he/she was permitted to be or where he/she might reasonably have been expected by the owner or possessor to be.
2. Discovered trespasser or uninvited licensee whose presence is foreseeable:
Whether, at the time and place of the incident in this case, Defendant had a duty to use reasonable care for the safety of Plaintiff. A person who owns or has possession of land or premises, who knows of a condition on the premises which involves an unreasonable risk of harm to another person on the premises has a duty to use reasonable care to warn the other person of the condition and the risk involved, if the presence of the other person is known *[or reasonably foreseeable] by the owner or possessor and if the other neither knew nor should have known of the condition and risk by the use of reasonable care.
After deciding whether the plaintiff was an invited licensee or an uninvited licensee, the jury will then decide whether the owner or occupier was negligent.
1. Landowner or possessor’s negligence toward invitee and invited licensee:
Whether Defendant 1.) negligently failed to maintain the premises in a reasonably safe condition, or 2.) negligently failed to correct a dangerous condition about which Defendant either knew or should have known, by the use of reasonable care, or 3.) negligently failed to warn Plaintiff of a dangerous condition about which Defendant had, or should have had, knowledge greater than that of Plaintiff; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
2. Landowner or possessor’s negligence toward discovered trespasser or foreseeable licensee:
Whether Defendant negligently failed to warn Plaintiff of a dangerous condition and risk which were known to Defendant and of which Plaintiff neither knew nor should have known, by the use of reasonable care; and, if so, whether such negligence was a legal cause of injury to the Plaintiff.
For example, if you were injured while shopping at any grocery store, you would be considered an invitee and owed the highest possible duty by the owner or occupier of the property. The owner or occupier would have to be sure that the premise was reasonably maintained in a safe condition. So, if the store allowed liquid detergent to pool for a period of time, which such pool of detergent caused the Plaintiff to slip and fall and suffer injury, the owner and/or occupier of the store would be liable for the injuries that resulted from such fall. Such occurrences are very common.
Damages That Slip And Fall Victims Can Claim
If you are a victim of a slip and fall accident that took place on commercial property such as a grocery store or restaurant, at a private residence, while visiting a public property such as a park or boat ramp, or while on government property, Under Florida law, you may claim damages for financial, emotional and physical losses. Our slip and fall attorneys in Jacksonville will help you identify the damages that you can and should claim. These damages or premises liability claims are grouped into the following two categories:
Economic Damages
- The costs of medical care related to your injuries, including expected future medical care.
- The costs of current and future care for disabilities related to your injuries.
- Lost wages and lost future earnings as a result of your injuries.
- Any property damages that occurred in your accident.
Non-Economic Damages
- Pain and suffering.
- Permanent Disability.
- Reduced quality of life.
- Aesthetic damages such as disfigurement and scarring.
- Depression.
- Anxiety.
- Emotional distress.
Understanding Comparative Negligence Laws
Florida’s comparative negligence law is a legal tool often used by insurance companies and defense attorneys to reduce the amount of compensation owed to injured victims. If you’ve been hurt in a slip and fall accident, it’s critical to understand how this law works, and how it can be used against you.
At McGRATH GIBSON LAW, our experienced slip and fall attorneys in Jacksonville are highly skilled in identifying and countering these legal tactics. Here’s what you need to know:
What Is Comparative Negligence?
Florida follows a modified comparative negligence system (per Florida Statutes §768.81). This means that if a plaintiff is found partially at fault for an accident, their compensation will be reduced in proportion to their percentage of fault. However, if the plaintiff is found to be more than 50% responsible, they are barred from recovering any damages.
How Comparative Negligence Is Used in Slip and Fall Cases
Insurance adjusters and defense attorneys representing property owners will often try to shift blame to the victim. Here are some common tactics:
- Claiming the hazard was open and obvious: They may argue that a “reasonable person” would have noticed the hazard and avoided it.
- Questioning your footwear or attire: If you were wearing sandals, high heels, or shoes deemed “inappropriate,” they may use this as a basis to argue contributory negligence.
- Stating the condition was too recent to be addressed: They might claim the spill or hazard had just occurred and they had not yet had time to remedy or warn about it.
- Arguing distraction: If you were on your phone or otherwise distracted, they may argue that your inattention contributed to the fall.
The goal in all these cases is to reduce the defendant’s liability and thereby reduce the amount of compensation they have to pay you.
Why Legal Representation Matters
For example, if you file a claim for $100,000 in damages, and the defense successfully argues that you were 25% at fault, your award could be reduced to $75,000. That’s $25,000 lost based on arguments that may not even be fair or legally valid.
This is where our slip and fall attorneys in Jacksonville come in.
We thoroughly investigate each case, gather strong supporting evidence, interview witnesses, secure surveillance footage, and counter every tactic the insurance company may use to shift blame. We are committed to maximizing your recovery and protecting your right to full and fair compensation.
Don’t Let the Insurance Company Undervalue Your Case
If you’ve been injured on someone else’s property, whether commercial, public, or private, don’t go it alone. Let our experienced slip and fall attorneys in Jacksonville fight back against comparative negligence claims and help you recover the compensation you deserve.
Call McGRATH GIBSON LAW today for a free consultation. There are no upfront, out-of-pocket costs to you. We cover all court costs and investigation costs associated to your claims. And we only get paid for our representation if you receive compensation.
We Make The Law Work For You
Understanding how Florida law applies to a slip and fall accident/injury can be confusing, especially when you’re dealing with pain, stress, and uncertainty. The legal language surrounding premises liability is complex, and knowing which laws apply to your specific situation requires experienced legal insight.
That’s where our slip and fall attorneys in Jacksonville come in.
At McGRATH GIBSON LAW, we have in-depth knowledge of the laws governing slip and fall injuries on commercial, public, and private properties. We help our clients make sense of the legal process and ensure they fully understand their rights. Our attorneys will carefully assess the circumstances of your accident, gather critical evidence, and explain how Florida’s premises liability and comparative negligence laws apply to your case.
Whether your injuries occurred due to a wet floor, uneven pavement, poor lighting, or another hazardous condition, our legal team is here to help you pursue the compensation you deserve for your medical bills, pain and suffering, lost wages, and more.
Contact our slip and fall attorneys in Jacksonville as soon as possible, before key evidence disappears and while the details are still fresh in your mind. The initial consultation and case review is free, and there are no out-of-pocket costs for our representation. We only get paid if when we win your case.
Call us now at (904) 358-3300 to protect your rights and begin your path to recovery.
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McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON LAW are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON LAW family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON LAW website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON LAW and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON LAW and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON LAW.
McGRATH GIBSON LAW
PERSONAL INJURY | FAMILY LAW | CRIMINAL DEFENSE
ATTORNEY DISCLAIMER
The Jacksonville personal injury attorneys, family law attorneys and criminal defense attorneys of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent the injured throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of personal injury and wrongful death claims there are occasions where cases may be referred to another lawyer.
We also support our veterans by proudly providing representation for Military Veterans and the Men and Women who currently serve in our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. This website is not intended to be an advertisement or solicitation. Material contained in the McGRATH GIBSON website is for general information only and does not constitute legal advice or solicitation of legal services. Transmission of information from this website is not intended to create, and its receipt does not constitute an attorney-client relationship between the law firm of McGRATH GIBSON and the reader. In the event that any information on this website does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.
Information contained herein is the exclusive property of McGRATH GIBSON and may not be copied, reproduced retransmitted or otherwise utilized for any purpose without the express written consent of McGRATH GIBSON.
(904) 358-3300
Calls Answered 24 Hours a Day, Every Day.
Office: M-F 8:00 AM to 5:00 PM
Main Office:
6117 Atlantic Boulevard
Jacksonville, FL 32211
(904) 358-3300
Calls Answered 24 Hours a Day, Every Day.
Office Hours: M-F 8:00 AM to 5:00 PM
6117 Atlantic Boulevard
Jacksonville, FL 32211
