(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.
Structure Florida Statutes
Part I - General Provisions (Ss. 768.041-768.39)
768.041 - Release or covenant not to sue.
768.0415 - Liability for injury to parent.
768.043 - Remittitur and additur actions arising out of operation of motor vehicles.
768.07 - Railroad liability for injury to employees.
768.0705 - Limitation on premises liability.
768.075 - Immunity from liability for injury to trespassers on real property.
768.0755 - Premises liability for transitory foreign substances in a business establishment.
768.0895 - Limitation of liability for employers of persons with disabilities.
768.091 - Employer liability limits; ridesharing.
768.092 - Special mobile equipment; liability of lessors.
768.093 - Owner liability limits; powered shopping carts.
768.096 - Employer presumption against negligent hiring.
768.098 - Limitation of liability for employee leasing.
768.10 - Pits and holes not to be left open.
768.11 - Pits and holes; measure of damages.
768.12 - Motor vehicle colliding with any animal at large on a public highway.
768.125 - Liability for injury or damage resulting from intoxication.
768.1256 - Government rules defense.
768.1257 - State-of-the-art defense for products liability.
768.13 - Good Samaritan Act; immunity from civil liability.
768.1315 - Good Samaritan Volunteer Firefighters’ Assistance Act; immunity from civil liability.
768.1325 - Cardiac Arrest Survival Act; immunity from civil liability.
768.1326 - Placement of automated external defibrillators in state buildings; rulemaking authority.
768.1335 - Emergency Medical Dispatch Act; presumption.
768.1345 - Professional malpractice; immunity.
768.135 - Volunteer team physicians; immunity.
768.1355 - Florida Volunteer Protection Act.
768.136 - Liability for canned or perishable food distributed free of charge.
768.137 - Definition; limitation of civil liability for certain farmers; exception.
768.138 - Interruption of electric utility service by order of law enforcement; immunity.
768.1382 - Streetlights, security lights, and other similar illumination; limitation on liability.
768.14 - Suit by state; waiver of sovereign immunity.
768.23 - Protection of minors and incompetents.
768.24 - Death of a survivor before judgment.
768.25 - Court approval of settlements.
768.295 - Strategic Lawsuits Against Public Participation (SLAPP) prohibited.
768.31 - Contribution among tortfeasors.
768.35 - Continuing domestic violence.
768.36 - Alcohol or drug defense.
768.38 - Liability protections for COVID-19-related claims.
768.381 - COVID-19-related claims against health care providers.
768.382 - Limitation of liability for certain voluntary engineering or architectural services.
768.39 - Immunity for educational institutions for actions related to the COVID-19 pandemic.