New Statute in Slip and Fall Cases

On April 14, 2010, Florida Governor Charlie Crist signed into law what will become section 768.0755, Fla. Stat. and repealing section 768.0710.

This new law provides 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 either (1) that 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 (2) that the condition occurred with regularity and was therefore foreseeable.

The effective date of the Legislation is expected be July 1, 2010.  No word has been given yet on whether it will apply retroactively and, thus, may become an issue of judicial interpretation.

If you or a loved one had suffered a personal injury from a slip and fall accident in the greater Central Florida area, including Lakeland, Winter Haven, Bartow, Haines City, Davenport, or Polk County, Florida, please contact a personal injury attorney with Moody Law for a free consulation.