Public-domain · open source
OpenJurist

Fla. Stat. § 768.0755

Premises liability for transitory foreign substances in a business establishment

Known as the Florida Wrongful Death Act

The act spans §§ 768.041 to 768.81 (79 sections).

Applied in 8 court decisions — leading case Fisher v. Big Y Foods, Inc. (2010)

Most recently applied in Vanessa Sutton v. Wal-Mart Stores East, LP (March 2023)

History.--s. 1, ch. 2010-8.

How often courts cite this section

20102020202330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.