TORTS: NEGLIGENCE: PREMISES LIABILITY: SLIP AND FALL: SECTION 768.0755, FLORIDA STATUTES, WHICH REQUIRES EVIDENCE OF ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF A TRANSITORY FOREIGN SUBSTANCE, DOES NOT APPLY RETROACTIVELY TO ACCIDENTS THAT OCCURRED BEFORE JULY 1, 2010: EVIDENCE THAT DEFENDANT HAD EXCLUSIVE CONTROL OF PREMISES FROM WHICH PUDDLE OF WATER FLOWED CREATED AN INFERENCE OF NEGLIGENT MAINTENANCE OR MODE OF OPERATION; CIVIL PROCEDURE: SUMMARY JUDGMENT REVERSED: APPEALS: CONFLICT CERTIFIED

Glaze v. Worley, ___ So. 3d ___, 40 Fla. L. Weekly D555 (Fla. 1st DCA March 3, 2015)

While walking with his sister in a mall, a boy slipped and fell in a puddle of water that originated from the defendant’s business establishment. The trial court entered summary judgment for the defendant based upon its lack of actual or … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: SLIP AND FALL; CIVIL PROCEDURE: DISCOVERY: INCIDENT REPORTS FROM ALL OF DEFENDANT’S STORES IN THE STATE OF FLORIDA; APPEALS: CERTIORARI: CARTE BLANCE TO IRRELEVANT DISCOVERY

Publix Supermarkets, Inc. v. Santos, ___ So. 3d ___, 38 Fla. L. Weekly D1656 (Fla. 3d DCA July 31, 2013)

The trial court in a slip and fall case ordered the defendant to produce incident reports from all of its supermarkets in the State of Florida, but the appellate court granted the defendant’s petition for certiorari and quashed the trial … Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: SLIP AND FALL: SECTION 768.0755, FLORIDA STATUTES, WHICH REESTABLISHES THE REQUIREMENT OF PROOF OF ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF A DANGEROUS CONDITION, IS RETROACTIVE

Kenz v. Miami-Dade County, ___ So. 3d ___, 38 Fla. L. Weekly D922 (Fla. 3d DCA April 24, 2013)

When the plaintiff slipped on liquid and fell, Section 768.0710, Florida Statutes, was in effect.  This statute provided that “[a]ctual or constructive notice of the transitory foreign object or substance [was] not a required element of proof.”  After plaintiff’s lawsuit was Click To Read Full Case Law Review...

TORTS: PREMISES LIABILITY: SLIP AND FALL: SECTION 768.0710, FLORIDA STATUTES: CONSTRUCTIVE KNOWLEDGE: NEGLIGENT MODE OF OPERATION THEORY; CIVIL PROCEDURE: SUMMARY JUDGMENT

Delgado v. Laundromax, Inc., ___ So. 3d ___, 36 Fla. L. Weekly D1270 (Fla. 3d DCA 6/15/11)

The appellate court affirmed summary judgment for a laundromat in a slip and fall case. The plaintiff slipped and fell on a clear liquid, apparently water, immediately upon entering the facility. The court relied upon section 768.0710, Florida Statutes, which places the burden … Click To Read Full Case Law Review...

PLEADING: AMENDMENT, RELATION BACK; PREMISES LIABILITY: BREACH OF NONDELEGABLE DUTY, DIRECT LIABILITY, VICARIOUS LIABILITY, ACTIVE NEGLIGENCE

Armiger v. Associated Outdoor Clubs, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D2194 (Fla. 2d DCA 10/1/10)

After the plaintiff slipped and fell in a puddle of liquid in the grandstand of a greyhound track, he sued the owner and, later, the cleaning contractor.  The owner moved for summary judgment, and the trial court granted the motion … Click To Read Full Case Law Review...