Florida Statutes, Section 768.0755, which became effective July 1, 2010, provides that:
(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.
Section 768.0755 is a much more difficult standard to meet than the standard that was in place prior to July 1, 2010. Pursuant to Section 768.0755(1)(a), in order to maintain a lawsuit for a slip and fall, the plaintiff must show that the dangerous condition alleged existed for enough time that the business should have known of the condition or that the dangerous condition occurred regularly. This is not an easy standard to meet. Continue reading →