What does “transitory foreign substance” mean in Florida?
According to Florida case law, a “transitory foreign substance” is any liquid or solid substance, item, or object that is located in a place where it does not belong. A business can be held liable for...
View ArticleHow do courts assess substance duration on floors?
According to Florida case law, courts consider several factors including evidence of footprints, track marks, changes in consistency, drying of the liquid, and whether the substance was dirty or...
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Is failing to keep napkins off restaurant floor negligence?
According to Florida case law, a restaurant owner’s failure to make reasonable efforts to keep transitory foreign substances of the floor, such as napkins, is considered negligence: We are further...
View ArticleIs a parking lot inherently dangerous under Florida law?
According to Florida law, there is nothing inherently dangerous about a parking lot: This Court has heretofore held, however, that there is nothing inherently dangerous about a parking lot. Foley v....
View ArticleMust supermarkets have intensive floor inspection programs?
According to Florida law, supermarkets are required to have an intensive floor inspection program: First, we conclude (a) there are no genuine issues of material fact on the issues of adequate...
View ArticleWhen must a business or landowner warn of danger?
According to Florida law, in a premises liability case, a business owner or landowner has a duty to warn when their knowledge of the danger is superior to that of the injured party: Looking at the...
View ArticleDoes the court consider condition duration in a slip & fall?
According to Florida law, in transitory foreign substance cases, courts look to the length of time the condition existed before the accident occurred: In transitory foreign substance cases, courts look...
View ArticleWhat is constructive knowledge?
According to Florida law, constructive knowledge is the inference of knowledge based on existing law or legal principles. For example, under Florida’s Premises Liability statute (768.0755),...
View ArticleDo you need a handrail on stairs to make them safe?
According to Florida law, as a general rule, handrail(s) are necessary to make steps or stairs reasonably safe: Whether, as a general rule, handrail(s) are necessary to make steps or stairs reasonably...
View ArticleCan I claim damages if I fall on a waxed floor in Florida?
According to Florida law, to claim and recover damages from the owner after a slip and fall on a waxed floor, the victim must shows acts of negligence buy the owner or other responsible party. This...
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