In busy supermarkets there can be dangerous conditions that cause people to fall.
First, it is important to understand that the store or supermarket is not automatically responsible SOLELY because you fell and were injured. The law is clear in Florida that the injured person has the burden of proving fault and that the owner or occupier of property is not the guarantor of others’ safety.
Slip and fall cases can happen in various situations. One of the most common ways these types of accidents can happen is when another customer apparently spilled something. Sometimes, there may be proof that the spill was caused by the business establishment but if not this is likely under the category of “transitory foreign substance.” Florida has recently enacted laws to deal with this exact situation. This law requires proof for a transitory foreign substances in a business establishment that the establishment had actual or constructive knowledge of the substance. Essentially, this means that if the business establishment does not know about it or if the substance was not there for enough time that they should have known about it, then a case would not exist. Under this circumstance, the injured person would not be compensated for their injured, even for medical bills for example.
It is important to note that this statute only apply to foreign substances and would not apply to other injured on the property, like if you fell from water leaking from the ceiling or water leaking from a cooler; or essentially any injury caused from something other than an transitory foreign substance.
I handle cases against: Publix, Winn Dixie, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, BJ’s, Sam’s Club, etc.
It is also important to note that every case is different and should be judged on the facts of that specific case.
Of course, a case based on a fact pattern such as the one above is unique and any other case should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be used as specific advice for a case, as the most slight difference in the facts could change the result. Also, this blog is based on Florida law and the laws of any other state could vary significantly from Florida.
Statue:
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.
