According to Florida law, the outcome of a slip and fall case in a store can depend on a variety of factors, including the specific circumstances of the fall, the conditions of the premises, and whether the store had knowledge of the hazardous condition. For example in a grocery store slip and fall:
Under section 768.0755, the new governing statute, a jury cannot find liability in a case involving “transitory foreign substances in a business establishment” unless it finds that the business establishment had actual or constructive notice. See § 768.0755(1), Fla. Stat. (2014) (“If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.”).
See: North Lauderdale Supermarket, Inc. v. Puentes – 332 So.3d 526
The exact language of Florida statute 768.0755, states:
(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.
Related:
- Wal-Mart Slip and Fall Settlements
- Publix Slip and Fall Settlements
- Grocery Store Slip and Falls
- Proving a Slip and Fall on Business Premises
_______________
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.