Encarnacion v. Lifemark Hospitals of Florida, Inc., 211 So. 3d 275 (Fla. 3d DCA 2017). · Go Syfert
Encarnacion v. Lifemark Hospitals of Florida, Inc., 211 So. 3d 275 (Fla. 3d DCA 2017). Cases Citing This Book View Copy Cite
“here a business invitee slips and falls on a 'transitory substance' in a business establishment . . . proof of the breach element of the claim against an owner of the establishment is constrained by section 768.0755 of the florida statutes (2013).”
103 citation events (103 in the last 25 years) across 4 distinct courts.
Strongest positive: Esteban-Garcia v. Wal-Mart Stores East LP (flsd, 2022-11-02)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 47 distinct citers.
examined Cited as authority (verbatim quote) Esteban-Garcia v. Wal-Mart Stores East LP
S.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence high
here a business invitee slips and falls on a 'transitory substance' in a business establishment . . . proof of the breach element of the claim against an owner of the establishment is constrained by section 768.0755 of the florida statutes (2013).
examined Cited as authority (verbatim quote) Nguyen v. Costco Wholesale Corporation
S.D. Fla. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
where a business invitee slips and falls on a 'transitory substance' in a business establishment ... proof of the breach element of the claim against an owner of the establishment is statutorily constrained ....
examined Cited as authority (verbatim quote) Lago v. Costco Wholesale Corp.
Fla. Dist. Ct. App. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
here a business invitee slips and falls on a 'transitory substance' in a business establishment . . . proof of the breach element of the claim against an owner of the establishment is statutorily constrained . . . .
cited Cited as authority (rule) Belton v. Walmart, Inc.
M.D. Fla. · 2025 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. Dist.
discussed Cited as authority (rule) Corrales v. Walmart Stores East, LP
M.D. Fla. · 2025 · confidence medium
Turning to the breach element, under Florida statutory law, “where a business invitee slips and falls on a ‘transitory substance’ in a business establishment . . . proof of the breach element of the claim against an owner of the establishment is statutorily constrained by section 768.0755 of the Florida Statutes.” Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017).
discussed Cited as authority (rule) Contreras v. Walmart Stores East, LP (2×) also: Cited "see, e.g."
M.D. Fla. · 2024 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. Dist.
discussed Cited as authority (rule) Donna Ruth and Timothy Ruth v. JEM Restaurant Group of Florida, Inc., JETTS Florida Bells, LLC
Fla. Dist. Ct. App. · 2024 · confidence medium
“In actions arising from a plaintiff’s slip and fall on a transitory substance in a business establishment, proof of the breach element is ‘statutorily constrained’ by section 768.0755, Florida Statutes.” Welch, 357 So. 3d at 1278 (quoting Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017)).
discussed Cited as authority (rule) Dye v. Omni Hotels Management Corporation
M.D. Fla. · 2024 · confidence medium
Fla. 2015) (“[A] business invitee, is defined as ‘one who enters upon the premises of another for purposes connected with the business of the owner or occupant of the premises.’” (quoting Post v. Lunney, 261 So. 2d 146, 148 (Fla. 1972))); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017).
discussed Cited as authority (rule) Ortiz v. Walmart Stores East, LP
M.D. Fla. · 2024 · confidence medium
She saw no cart tracks or footprints in the substance, besides the mark caused by her shoe when she slipped.”); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (plaintiff’s testimony that “the substance on the floor was ‘oily,’ ‘dirty,’ and ‘dark,’” was “insufficient to create a jury issue.”); McCarthy v. Broward Coll., 164 So. 3d 78, 81 (Fla. 4th DCA 2015) (affirming summary judgment for the business establishment because the plaintiff “was unable to identify the liquid in the elevator, determine how long it had been there, or establish…
discussed Cited as authority (rule) Deborah Weekley v. Wal-Mart Stores East, LP
11th Cir. · 2024 · confidence medium
In Lago v. Costco Wholesale Corp., 233 So. 3d 1248 , 1250 (Fla. 3d DCA 2017), the court stated that “in Florida Statutes section 768.0755 the legislature modified a business’s duties when its in- vitees are injured by ‘transitory foreign substances.’” Indeed, in En- carnacion v. Lifemark Hospitals of Florida, 211 So.3d 275, 278 (Fla. 3d DCA 2017), the court stated that “proof of breach element of the claim against an owner of the establishment is statutorily con- strained” by the provision.
cited Cited as authority (rule) Antale v. Holiday CVS, L.L.C.
M.D. Fla. · 2024 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017).
examined Cited as authority (rule) Moreno v. Wal-Mart Stores East, LP (3×) also: Cited "see", Cited "see, e.g."
S.D. Fla. · 2024 · confidence medium
On the evidence’s legal sufficiency, Wal-Mart insists that “testimony that a substance was . . . ‘dirty’ . . . is insufficient to create a jury issue without other facts from which a jury could reasonably conclude that the substance was on the floor for such a length of time as to become discolored without assuming other facts.” Def.’s MSJ at 6 (emphases added) (first quoting Encarnacion v. Lifemark Hosps. of Fla, 211 So. 3d 275, 278 (Fla. 3d DCA 2017); and then citing Donnelly v. Wal-Mart Stores E., LP, 844 F. App’x 164 , 168–69 (11th Cir. 2021)).
discussed Cited as authority (rule) Herrera v. Walmart, Inc.
S.D. Fla. · 2024 · confidence medium
That rule required, “[f]or such testimony to create a jury issue,” that the jury be able to “reasonably conclude that the substance was on the floor long enough to have become discolored without assuming other facts, such as [that] the substance, in its original condition, was not ‘oily,’ ‘dirty’ and ‘dark,’” Encarnation, 211 So. 3d at 278 (emphasis added & cleaned up).
discussed Cited as authority (rule) DOLGEN CORP, LLC D/B/A DOLLAR GENERAL v. KIMBERLY DOTY, CHRISTOPHER DOTY, AND KATHY WILLIAMS
Fla. Dist. Ct. App. · 2024 · confidence medium
In a slip and fall case involving a transitory substance in a business, the breach element of the plaintiff’s claim “is ‘statutorily constrained’ by section 768.0755, Florida Statutes.” Welch v. CHLN, Inc., 357 So. 3d 1277 , 1278 (Fla. 5th DCA 2023) (quoting Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017)).
examined Cited as authority (rule) SANDRA LEFTWICH v. WAL-MART STORES EAST, LP AND THOMAS SCHOENDORF (4×) also: Cited "see"
Fla. Dist. Ct. App. · 2024 · confidence medium
“In actions arising from a plaintiff’s slip and fall on a transitory substance in a business establishment, proof of the breach element is ‘statutorily constrained’ by section 768.0755, Florida Statutes.” Welch, 357 So. 3d at 1278 (quoting Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017)).
cited Cited as authority (rule) Felder v. Sam's East, Inc.
S.D. Fla. · 2023 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 277-78 (Fla. 3d DCA 2017) (quoting Wilson-Greene v. City of Miami, 208 So. 3d 1271 (2017)).
cited Cited as authority (rule) Hughes v. Wal-Mart Stores East, LP
S.D. Fla. · 2023 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278-79 (Fla. 3d DCA 2017) (quoting Wilson-Greene v. City of Miami, 208 So. 3d 1271 (2017)).
discussed Cited as authority (rule) Vanessa Sutton v. Wal-Mart Stores East, LP
11th Cir. · 2023 · confidence medium
In sharp contrast, when there is “nothing about the descrip- tion of the substance that would indicate the length of time it was on the floor, courts have precluded the jury from deciding the issue of negligence.” Owens, 802 So. 2d at 321–22; see also De Los An- geles v. Winn-Dixie Stores, Inc., 326 So. 3d 811 , 812 (Fla. 3d DCA 2021); Lago, 233 So. 3d at 1251–52; Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017); Delgado, 65 So. 3d at 1090 ; Silver Springs Moose Lodge No. 1199 v. Orman, 631 So. 2d 1119, 1121 (Fla. 5th DCA 1994); Wal-Mart Stores, Inc. v. Ki…
discussed Cited as authority (rule) WANDA WELCH vs CHLN, INC. (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2023 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017).
examined Cited as authority (rule) McNeal v. Walmart Stores East, LP (3×) also: Cited "see"
M.D. Fla. · 2023 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. Dist.
cited Cited as authority (rule) Gonzalez v. Ross Dress for Less, Inc.
S.D. Fla. · 2022 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278-79 (Fla. 3d DCA 2017) (quoting Wilson-Greene v. City of Miami, 208 So. 3d 1271 (2017)).
discussed Cited as authority (rule) SARAH BENSALAH v. WHOLE FOODS MARKET GROUP, INC.
Fla. Dist. Ct. App. · 2022 · confidence medium
Affirmed. § 768.0755, Fla. Stat. (2016); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (“[W]here a business invitee slips and falls on a ‘transitory substance’ in a business establishment as occurred here, proof of the breach element of the claim against an owner of the establishment is statutorily constrained by section 768.0755 of the Florida Statutes (2013).”); Pembroke Lakes Mall Ltd. v. McGruder, 137 So. 3d 418, 426 (Fla. 4th DCA 2014) (“Under the 2002 statute, a plaintiff could succeed in a slip and fall case by showing ‘the business premises…
discussed Cited as authority (rule) Assing v. Wal-Mart Stores East LP (2×)
M.D. Fla. · 2021 · confidence medium
Encarnacion v. Lifemark Hosp. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (“[W]here a business invitee slips and falls on a ‘transitory substance’ in a business establishment . . . proof of the breach element of the claim against an 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) [t]he condition occurred with regularity and was therefore foreseeable.” Id.
discussed Cited as authority (rule) Atkinson v. Sams East, Inc.
S.D. Fla. · 2021 · confidence medium
She saw no cart tracks or footprints in the substance, besides the mark caused by her shoe when she slipped.”) (emphasis added); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (finding that the plaintiff's testimony that “the substance on the floor was ‘oily,’ ‘dirty,’ and ‘dark,’” was “insufficient to create a jury issue.”); McCarthy v. Broward Coll., 164 So. 3d 78, 81 (Fla. 4th DCA 2015) (affirming summary judgment for the business establishment because the plaintiff “was unable to identify the liquid in the elevator, determine how long…
discussed Cited as authority (rule) Bleers v. Walmart Stores East, LP (2×)
M.D. Fla. · 2021 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. Dist.
cited Cited as authority (rule) Ballesteros v. Walmart Stores East, LP
M.D. Fla. · 2021 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. Dist.
discussed Cited as authority (rule) HERNANDEZ v. SAMS EAST, INC.
S.D. Fla. · 2021 · confidence medium
In premises liability cases, a premises owner owes a business invitee, “a duty to exercise reasonable care to maintain [its] premises in a safe condition.” Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017).
discussed Cited as authority (rule) Struck v. Wal-Mart Stores East, L.P.
M.D. Fla. · 2021 · confidence medium
In a premises liability case, Walmart, as a premises owner, owes Struck, as a business invitee, “a duty to exercise reasonable care to maintain [its] premises in a safe condition.” Encarnacion v. Lifemark Hospitals of Fla., 211 So. 3d 275, 278-79 (Dist.
discussed Cited as authority (rule) Granela v. Wal-Mart Stores East, L.P.
S.D. Fla. · 2021 · confidence medium
Thus, Plaintiff’s claim must be “accompanied by a ‘plus,’ namely some additional fact or facts from which a jury can reasonably conclude that the substance was on the floor long enough to have become discolored without assuming other facts . . . .” Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (citation omitted).
discussed Cited as authority (rule) Maria Espinoza v. Target Corporation
11th Cir. · 2021 · confidence medium
Ct. App. 2017) (affirming the grant of summary judgment when the plaintiff “testified that . . . she didn’t know how long [the liquid] had been there”); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d Dist.
cited Cited as authority (rule) MARGERY GLICKMAN and FRED GLICKMAN v. KINDRED HOSPITALS EAST, LLC, etc.
Fla. Dist. Ct. App. · 2021 · confidence medium
Weekly D1152 (Fla. 3d DCA May 13, 2020) (quoting Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 277 (Fla. 3d DCA 2017) (internal citations omitted)).
cited Cited as authority (rule) Borroto v. Walmart Inc.
M.D. Fla. · 2020 · confidence medium
Fla. Stat. § 768.0755 (1); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. Dist.
discussed Cited as authority (rule) Espinoza v. Target Corporation
S.D. Fla. · 2020 · confidence medium
Ct. App. 2017); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d Dist.
cited Cited as authority (rule) Shields v. The Fresh Market, Inc.
S.D. Fla. · 2019 · confidence medium
Encarnacion v. Lifemark Hospitals of Fla., 211 So. 3d 275, 278-79 (Fla. 3d DCA 2017) (quoting Wilson-Greene v. City of Miami, 208 So. 3d 1271 (2017)).
discussed Cited as authority (rule) Maltese v. Burlington Coat Factory Direct Corporation (2×) also: Cited "see, e.g."
M.D. Fla. · 2019 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 277-78 (Fla. Dist.
cited Cited as authority (rule) Maltese v. Burlington Coat Factory Direct Corporation
M.D. Fla. · 2019 · confidence medium
Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 277-78 (Fla. Dist.
discussed Cited "see" Daniel Valdes v. Verona at Deering Bay Condominium Association, Inc.
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275 , 277–78 (Fla. 3d DCA 2017) (setting forth elements of a negligence claim and the duty owed to a business invitee).
discussed Cited "see" Duran v. Crab Shack Acqusition, FL, LLC, Joe's Crab Shack (2×)
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Welch, 357 So. 3d at 1278 (quoting Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017)).
cited Cited "see" Ana Del Carpio v. Western Beef of Florida, LLC
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017).
cited Cited "see" Elena Zhadanova v. Wal-Mart Stores East, LP
11th Cir. · 2023 · signal: see · confidence high
See Encarnacion, 211 So. 3d at 278 .
discussed Cited "see" McCart v. Wal-Mart Stores East, LP
M.D. Fla. · 2023 · signal: see · confidence high
See Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (affirming summary judgment for defendant where the plaintiff did “not establish how long the substance had been on the floor”); Walker v. Winn–Dixie Stores, Inc., 160 So.3d 909 (Fla. 1st DCA 2014) (affirming summary judgment for defendant where there was no evidence of how long the substance was on the floor before the plaintiff fell); contra Khorran, 251 So. 3d at 965 (finding evidence that multiple metal trailer hitches were stored on a shelf unreachable without a ladder was evidence that the dangerous …
cited Cited "see" NORMA HERRERA v. WINN-DIXIE STORES, INC.
Fla. Dist. Ct. App. · 2022 · signal: see · confidence high
See Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017). 2
discussed Cited "see" Richard Leaton v. Compass Group, Inc. (2×)
M.D. Fla. · 2021 · signal: see · confidence high
See Palavicini v. Wal-Mart Stores E., LP, 787 F. App’x 1007 , 1010 n.1 (11th Cir. 2019) (“A federal court sitting in diversity applies the substantive law of the state in which the case arose.” (citing Pendergast v. Sprint Nextel Corp., 592 F.3d 1119 , 1132–33 (11th Cir. 2010))). assumed obligations.” Encarnacion, 211 So. 3d at 278 (citing Wilson-Greene, 208 So. 3d at 1273 .
discussed Cited "see" Lorenzo v. Forever 21 Retail, Inc.
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Encarnacion v. Lifemark Hospitals of Florida , 211 So.3d 275 , 278 (Fla. 3d DCA 2017) (affirming summary judgment in favor of defendant and holding that plaintiff's testimony that the substance on the floor was "oily," "dirty," and "dark" was "insufficient to create a jury issue.
discussed Cited "see" Lorenzo v. Forever 21 Retail, Inc.
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Encarnacion v. Lifemark Hospitals of Florida , 211 So.3d 275 , 278 (Fla. 3d DCA 2017) (affirming summary judgment in favor of defendant and holding that plaintiff's testimony that the substance on the floor was "oily," "dirty," and "dark" was "insufficient to create a jury issue.
discussed Cited "see" Tania P. Berbridge v. Sam's East, Inc. (2×)
11th Cir. · 2018 · signal: see · confidence high
See Encarnacion, 211 So. 3d at 278 ; Wilson-Greene, 208 So. 3d at 1275 .
cited Cited "see, e.g." Miami-Dade County v. Jones
Fla. Dist. Ct. App. · 2017 · signal: see also · confidence medium
Serv., Inc. v. Palmieri, 559 So. 2d 74, 76 (Fla. 3d DCA 1990)); see also Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017).
Carmen ENCARNACION, Appellant,
v.
LIFEMARK HOSPITALS OF FLORIDA, Etc., Et Al., Appellees
3D15-0834.
District Court of Appeal of Florida, Third District.
Feb 1, 2017.
211 So. 3d 275
Eaton & Wolk, PL, and Douglas F. Eaton, for appellant., Falk, Waas, Hernandez, Cortina, Solomon, & Bonner, P.A., and Glenn Falk, Sr., Scott L. Mendlestein and Richard A. Warren; Bice Cole Law Firm, P.L., and Neil A. Covone, for appellees.
Rothenberg, Scales, Shepherd.
Cited by 60 opinions  |  Published
SHEPHERD, Senior Judge.

Carmen Encarnación appeals from a summary final judgment in a slip-and-fall case she brought against Lifemark Hospitals of Florida, Inc., doing business as Palmetto General Hospital, and the Hospital’s contract cleaning company, Hospital Housekeeping Systems, Inc., for injuries suffered from a fall in the emergency room hallway of the hospital. The thrust of Ms. Encarnacion’s argument to the trial court was that a genuine issue of material fact existed concerning whether the hospital and its housekeeping vendor knew or should have known of the dangerous condition. The trial court found there was no genuine issue of material fact and granted final summary judgment to the hospital and cleaning company. We agree and affirm the decision of the trial court, albeit with a slightly different analysis. A brief summary of the facts of the case are necessary to explain our decision.

FACTS

Ms. Encarnación arrived at Palmetto General Hospital at approximately 4:45 p.m. on March 11, 2011, to assist her elderly mother, who had arrived in the emergency room a few hours earlier after having suffered a stroke. She found her mother still in the emergency room, resting comfortably. A hospital nurse advised Ms. Encarnación that her mother needed to be admitted to the hospital, but that they would have to wait a short time for a bed to come available. After five hours, Ms. Encarnación decided to seek out a nurse to determine the status of their wait. As Ms. Encarnación left the room, she saw a man who she thought was an Emergency Medical Services (EMS) paramedic with a spray bottle in the hallway, cleaning a stretcher. She attempted to walk around the area where the man was cleaning, but slipped and fell due to what she “guess[ed],” was spray liquid on the floor.

Almost two years later, on January 9, 2013, Ms. Encarnación sued the Hospital and soon thereafter joined Hospital Housekeeping Systems. Shortly after suit was filed, Ms. Encarnación submitted a statement of claim to the Risk Management Division of Miami-Dade County in which she stated that the substance she slipped on was the same as that being used by the EMS paramedic. She repeated this asser[*277] tion in her answers to the hospital’s interrogatories, stating again that she slipped because of a slippery substance which “EMS personnel was using to clean a stretcher in the hallway.”

On July 15, 2013, six months into the lawsuit, Ms. Encarnación became a little less certain about the identity of the person who was cleaning the stretcher, stating the man “may be a rescue.” She also testified there were no signs indicating the floor was wet; that aside from the spray bottle, she did not see any mop bucket, dripping mops, or food service items in the hallway; and the substance on the floor was “oily”, dirty”, and “dark.” About a month later, in a subsequent deposition, Ms. Encarnación asserted that the substance smelled like a cleaning product similar to “Pine Sol,” she did not know how long the substance had been on the floor, and she thought that “because [the man’s] uniform was kind of gray, dark gray, [she assumed] that he was an EMS.”

Both the Hospital and Hospital Housekeeping Systems moved for summary judgment on the ground there was a complete lack of evidence that either the Hospital or Hospital Housekeeping Systems had actual or constructive knowledge of the condition and, based on Ms. Encarna-cion’s answers to interrogatories, it was undisputed that the person using the spray was an EMS paramedic. The Hospital further asserted that it employed reasonable measures to maintain its emergency department in a reasonably safe condition by having its own security personnel police the emergency room area on a regular basis to correct any dangerous condition, and by employing Hospital Housekeeping Systems, which assigned two housekeepers to the emergency department twenty-four hours per day, seven days per week. Absent from the record were cleaning schedules, cleaning logs or employee testimony concerning the extent to which the Hospital’s security personnel or Hospital Housekeeping Systems performed their assigned and contractual tasks. On this record, the trial court granted summary judgment in favor of the Hospital and Hospital Housekeeping Systems, Inc.

STANDARD OF REVIEW

Summary judgment is proper when the pleadings, discovery and affidavits show there is “no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fla. R. Civ. P. 1.510. Material facts are those which may affect the outcome of the case. Winn-Dixie Stores, Inc. v. Dolgencorp., Inc., 964 So.2d 261, 263-264 (Fla. 4th DCA 2007) (“An issue of fact is ‘material’ if it is a legal element of the claim under the applicable substantive law which -might affect the outcome of the case.”) (citing Byrd v. BT Foods, Inc., 948 So.2d 921, 923) (Fla. 4th DCA 2007). A dispute as to a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the non-moving party. Bishop v. R. J. Reynolds Tobacco Co., 96 So.3d 464, 467 (Fla. 5th DCA 2012) (“Issues of fact are ‘genuine’ only if a reasonable jury, considering the evidence presented, could find for the non-moving party.”) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); see also Dreggors v. Wausau Ins. Co., 995 So.2d 547, 549 (Fla. 5th DCA 2008).

ANALYSIS

We apply this standard separately to each defendant.

I. Palmetto General Hospital

“A negligence claim has four elements: (1) a duty by defendant to conform to a certain standard of conduct; (2) a breach by defendant of that duty; (3) a[*278] causal connection between the breach and injury to plaintiff; and (4) loss or damage to plaintiff.” Wilson-Greene v. City of Miami, No. 3D14-8094, slip op. at 4, 2017 WL 361995 (Fla. 3d DCA Jan. 25, 2017) (citing Bartsch v. Costello, 170 So.3d 83, 86 (Fla. 4th DCA 2015)). It is undisputed that Ms. Encarnación was a business invitee on the hospital premises and, therefore, the hospital owed her a duty to exercise reasonable care to maintain their premises in a safe condition. Pembroke Lakes Mall Ltd. v. McGruder, 137 So.3d 418, 423 (Fla. 4th DCA 2014). However, where a business invitee slips and falls on a “transitory substance” in a business establishment as occurred here, proof of the breach element of the claim against an owner of the establishment is statutorily constrained by section 768.0755 of the Florida Statutes (2013). The statute reads as follows:

768.0755. Premises liability for transitory foreign substances in a business establishment
(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.

(Emphasis added.)

Here, there is no evidence in the record suggesting the existence of the foreign substance on the floor was known to the hospital. In the absence of evidence of actual knowledge, it was incumbent on the plaintiff to come forward with circumstantial evidence that Palmetto General Hospital, in the exercise of ordinary caution, should have known of the condition. In this case, however, the answers to interrogatories and depositions do not establish how long the substance had been on the floor. In fact, if Ms. Encarnacion’s testimony is believed, the liquid was being deposited on the floor by a non-hospital employee at the same time Ms. Encarnación fell. See McCarthy v. Broward College, 164 So.3d 78 (Fla. 4th DCA 2015) (affirming summary judgment for defendant where there was no evidence of how long the substance was on the floor before the fall); Walker v. Winn-Dixie Stores, Inc., 160 So.3d 909 (Fla. 1st DCA 2014) (same); Delgado v. Laundromax, Inc., 65 So.3d 1087 (Fla. 3d DCA 2011) (same).

Parenthetically, we note Ms. Encarna-cion’s belated testimony that the substance on the floor was “oily,” “dirty” and “dark,” even if true, as we must assume for our purposes here, is insufficient to create a jury issue. For such testimony to create a jury issue, the testimony must be accompanied by a “plus,” namely some additional fact or facts from which a jury can reasonably conclude that the substance was on the floor long enough to have become discolored without assuming other facts, such as the substance, in its original condition, was not “oily,” “dirty” and “dark.” See Wilson-Greene slip op. at 6, 2017 WL 361995.

[*279] II. Hospital Housekeeping Systems

The liability of Hospital Housekeeping Systems in this case turns on a slightly different point, its contractually assumed obligations. Wilson-Greene, slip op. at 4, 2017 WL 361995 (“Where a contract exists, ‘a defendant’s liability extends to persons foreseeably injured by his failure to use reasonable care in performance of a contractual promise’ ”) (citing Maryland Maint. Serv., Inc. v. Palmieri, 559 So.2d 74, 76 (Fla. 3d DCA 1990). The cleaning specifications for the Emergency Department of the hospital, insofar as the plaintiff has elected to provide them to us in the record, states: “Emergency department shall be cleaned on a UCR bases, 24-7 and police cleaned, as necessary.” As in Wilson-Greene, Hospital Housekeeping Systems had no duty to constantly patrol or supervise the area where the accident occurred.

For these reasons, we affirm the summary judgment entered in favor of the Hospital and Hospital Housekeeping Systems.

Affirmed.