Jax Slip & Fall 51% Rule

In Jacksonville, slip and fall cases at retail locations like grocery stores or big-box retailers are now the primary battleground for Modified Comparative Negligence.

Because these cases often involve "inattention," insurance companies use the new 51% Bar Rule as their strongest weapon to deny claims entirely.

The Burden of Proof: Florida Statute § 768.0755

In 2025, simply proving you fell isn't enough. To hold a business liable for a "transitory foreign substance" (like spilled liquid or dropped produce), you must prove the store had Actual or Constructive Knowledge of the hazard.

• Actual Knowledge: An employee saw the spill or was told about it and did nothing.



• Constructive Knowledge: The spill was there so long (usually 15–20 minutes) that the store should have found it during a routine sweep.

How "Modified Comparative Negligence" is Used Against You

In a slip and fall, the defense will almost always try to shift 51% of the blame onto you to trigger a total bar to recovery. They will look for:

1. Phone Distraction: Were you looking at your phone or a shopping list when you fell? Even 5 seconds of looking away can be argued as "negligent inattention."
2. Inappropriate Footwear: Were you wearing flip-flops in the rain or shoes with worn-out soles?
3. The "Open and Obvious" Defense: They will argue that a giant puddle of blue detergent was so "obvious" that any reasonable person should have walked around it. If a jury agrees, they may find you 51% responsible for not seeing it.
4. Ignoring Warnings: If there was a "Wet Floor" sign within 20 feet—even if it wasn't right on top of the spill—they will argue you ignored a visible warning.

Strategic Advocacy: Turning the Tide

Because the difference between 50% fault (a payout) and 51% fault (zero) is so slim, we use aggressive discovery tactics to keep the majority of the blame on the property owner:

• Video Preservation: We move immediately to secure surveillance footage before the store’s 30-day "overwrite" cycle. This often shows employees walking past a spill without cleaning it.

• Maintenance Log Audits: We examine the store’s "sweep logs." If a store claims they check every 30 minutes but the logs are blank or "pre-filled," we can prove systemic negligence.



• Expert Testimony: We use human factors experts to testify that certain floor colors or lighting conditions make spills nearly invisible to the human eye, countering the "Open and Obvious" defense.

| Legal Tip: Never apologize at the scene of a fall. Saying "I'm so clumsy" or "I should have seen that" is a recorded admission that insurance adjusters will use to push your fault percentage over the 51% threshold.

Protecting Your Claim in the 904

Whether you slipped at a Publix in Riverside or a gas station on Atlantic Blvd, the rules are the same: Speed is your best defense.

Contact the Law Office of Irvin Daphnis NOW to begin your consultation!