In Florida, a business establishment is responsible for injuries if they create a hazard, know about a hazard and do not fix it or have constructive knowledge of the hazard. Interestingly, while this has been the law in Florida generally per case law, the legislature enacted a law on this same issue, a copy of which is below:
768.0755 Premises liability for transitory foreign substances in a business establishment.—
(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.
History.—s. 1, ch. 2010-8.
Many people think that a business establishment is automatically responsible for a slip and fall injury but that is not correct. The injured person must prove the negligence, as the statute says. If you ahve any questions, please feel free to contact me.
