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Florida Statute 768.0755 | Lawyer Caselaw & Research
F.S. 768.0755 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 768.0755

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
F.S. 768.0755
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.
History.s. 1, ch. 2010-8.

F.S. 768.0755 on Google Scholar

F.S. 768.0755 on Casetext

Amendments to 768.0755


Arrestable Offenses / Crimes under Fla. Stat. 768.0755
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.0755.



Annotations, Discussions, Cases:

Cases from cite.case.law:

KHORRAN, v. HARBOR FREIGHT TOOLS USA, INC., 251 So. 3d 962 (Fla. App. Ct. 2018)

. . . See § 768.0755, Fla. Stat. (2010) ; Kenz v. Miami-Dade Cty., 116 So.3d 461 (Fla. 3d DCA 2013). . . .

FERNANDEZ, v. LIFEMARK HOSPITALS OF FLORIDA, INC., 246 So. 3d 568 (Fla. App. Ct. 2018)

. . . City of Miami, 208 So.3d 1271 (Fla. 3d DCA 2017) ; § 768.0755, Fla. Stat. (2014). . . .

VAZQUEZ, v. WAL- MART STORES, INC., 245 So. 3d 977 (Fla. App. Ct. 2018)

. . . City of Miami, 208 So.3d 1271 (Fla. 3d DCA 2017) ; § 768.0755, Fla. Stat. (2014). . . .

TARGET CORPORATION, a v. KAUFER,, 244 So. 3d 315 (Fla. App. Ct. 2018)

. . . At the same time, the Legislature enacted section 768.0755, Florida Statutes. Id. . . . Some courts have concluded that section 768.0755 eliminated the statutory mode of operation claim. . . . But, we need not address that issue as this Court has previously held that section 768.0755 is only applicable . . .

PUBLIX SUPER MARKETS, INC. v. BELLAICHE,, 245 So. 3d 873 (Fla. App. Ct. 2018)

. . . Pursuant to section 768.0755, Florida Statutes, Bellaiche was required to prove that Publix had actual . . . Lifemark Hosps. of Fla., 211 So.3d 275 (Fla. 3d DCA 2017) ; § 768.0755, Fla. Stat. (2010). . . .

LAGO, v. COSTCO WHOLESALE CORPORATION,, 233 So. 3d 1248 (Fla. Dist. Ct. App. 2017)

. . . But in Florida Statutes section 768.0755 the legislature modified a business’s duties when its invitees . . . Section 768.0755 provides: (1) If a person slips and falls on a transitory foreign substance in a business . . . known of the condition; or (b) The condition occurred with regularity and was therefore foreseeable. § 768.0755 . . . In Delgado, decided before the effective date of section 768.0755, the plaintiff testified she did not . . .

SEABERG, v. STEAK N SHAKE OPERATIONS, INC., 697 F. App'x 941 (11th Cir. 2017)

. . . . § 768.0755. This statute, however, does not affect any common-law duties of care. Id. . . . Stat. § 768.0755. . . .

ENCARNACION, v. LIFEMARK HOSPITALS OF FLORIDA,, 211 So. 3d 275 (Fla. Dist. Ct. App. 2017)

. . . breach element of the claim against an owner of the establishment is statutorily constrained by section 768.0755 . . . The statute reads as follows: 768.0755. . . .

WILSON- GREENE, v. CITY OF MIAMI,, 208 So. 3d 1271 (Fla. Dist. Ct. App. 2017)

. . . Palmieri, 559 So.2d at 76; see also § 768.0755, Fla. Stat. (2010). . . .

SUKER v. WHITE FAMILY LIMITED PARTNERSHIP PSL LLC,, 193 So. 3d 1028 (Fla. Dist. Ct. App. 2016)

. . . The trial court granted summary judgment based on Section 768.0755, Florida Statutes (2013), finding . . .

MARSHALLS OF M. A. INC. v. WITTER,, 186 So. 3d 570 (Fla. Dist. Ct. App. 2016)

. . . We recognize that ■ section 768.0755(1) provides that “[i]f a person slips and falls on a transitory . . . constructive knowledge of the dangerous- condition and should have taken -action. to remedy it.” § 768.0755 . . .

SEABERG, v. STEAK N SHAKE OPERATIONS, INC., 154 F. Supp. 3d 1294 (M.D. Fla. 2015)

. . . Stat. § 768.0755(1). See, e.g., Glaze v. . . . Stat.- § 768.0755 (the premises liability statute). . . . Stat. § 768.0755 impacts this,common law legal status. . . . Stat. § 768.0755 is a substantive or procedural rule of law). . Fla. . . . . § 768.0755 refers to "a person” who is injured. . . .

WEAVER, E. v. C. MYERS, M. D. LLC d b a d b a a k a d b a, 170 So. 3d 873 (Fla. Dist. Ct. App. 2015)

. . . Such distinctions include section 768.0755, Florida Statutes, which governs "Premises liability for transitory . . .

McCARTHY, v. BROWARD COLLEGE, 164 So. 3d 78 (Fla. Dist. Ct. App. 2015)

. . . could not prove actual or constructive knowledge of the dangerous condition, as required by section 768.0755 . . . affirm the entry of summary judgment and write for the limited purposes of 1) establishing that section 768.0755 . . . Broward College is a “Business Establishment” Section 768.0755, Florida Statutes (2011), states: (1) . . . Therefore, we affirm the trial court’s application of section 768.0755, Florida Statutes (2011), in this . . . Conclusion The trial court correctly found that section 768.0755, Florida Statutes (2011), applies to . . .

GLAZE, A v. WORLEY, A LP. DB,, 157 So. 3d 552 (Fla. Dist. Ct. App. 2015)

. . . that (1) section 768.0710, Florida Statutes (2004), is the applicable law in this case because section 768.0755 . . . Both cases discussed the retroactivity of section 768.0755, Florida Statutes. . . . July 21, 2010) (“[Section 768.0755] adds a new element to the claim, creating a new legal obligation . . . The shift from 768.0710 to 768.0755 was far more than a simple procedural change to the burden of proof . . . : 768.0755 Premises liability for transitory foreign substances in a business establishment.— (1) If . . . Inc., 138 So.3d 531, 535 (Fla. 1st DCA 2014), which had been recently decided, stated that section 768.0755 . . . disagreement with the conclusion, consistent with the dicta in Feris, that the stricter standard of section 768.0755 . . . Miami-Dade County, 116 So.3d 461 (Fla. 3d DCA 2013), which ruled that section 768.0755 applied retroactively . . . the puddle on the mall’s walkway — which would otherwise be the death knell of a claim under section 768.0755 . . .

MILLARD MALL SERVICES, INC. a MLP a v. BOLDA,, 155 So. 3d 1272 (Fla. Dist. Ct. App. 2015)

. . . Moreover, even if the quarterly reports could be considered work product, the enactment of section 768.0755 . . . or constructive knowledge of the dangerous condition and should have taken action to remedy it.” § 768.0755 . . .

WALKER, v. WINN- DIXIE STORES, INC. a, 160 So. 3d 909 (Fla. Dist. Ct. App. 2014)

. . . entering final summary judgment, the court found: In 2010, the Florida legislature enacted Section 768.0755 . . . Although this action arose before the enactment of Section 768.0755, it has now been held that the statute . . . found that the store manager’s testimony was insufficient to meet Appellant’s burden under section 768.0755 . . . Section 768.0755, Florida Statutes (2010), provides: (1) If a person slips and falls on a transitory . . . This court, in dicta, reached a different conclusion concerning the retroactive effect of section 768.0755 . . .

DOUDEAU, v. TARGET CORPORATION,, 572 F. App'x 970 (11th Cir. 2014)

. . . . § 768.0755(1). . . .

VALLOT, v. LOGAN S ROADHOUSE, INC., 567 F. App'x 723 (11th Cir. 2014)

. . . . § 768.0755, which requires that the defendant had actual or constructive knowledge of the dangerous . . . Stat. § 768.0755(1) (emphasis added). . . . The Third District Court of Appeal noted that, even if § 768.0755 did not operate retroactively and § . . . In affirming the trial court’s decision not to apply § 768.0755 retroactively, the court certified a . . . Whether § 768.0755 applies retroactively has not yet been resolved by the Florida Supreme Court. . . .

R. FERIS, Jr. v. CLUB COUNTRY OF FORT WALTON BEACH, INC. d b a d b a,, 138 So. 3d 531 (Fla. Dist. Ct. App. 2014)

. . . Club Country filed a motion for summary judgment, arguing that section 768.0755, Florida Statutes (2010 . . . Section 768.0755, Florida Statutes (2010), which became effective July 1, 2010, approximately a month . . . the condition; or [that] [t]he condition occurred with regularity and was therefore foreseeable.” § 768.0755 . . . Retroactive Application Because of our holding, whether section 768.0755 applies retroactively is not . . . We note that the law enacting section 768.0755 contains no express statement as to the Legislature’s . . .

BERARD, v. TARGET CORPORATION,, 559 F. App'x 977 (11th Cir. 2014)

. . . . § 768.0755(1). . . .

PEMBROKE LAKES MALL LTD. a LLC, a v. McGRUDER,, 137 So. 3d 418 (Fla. Dist. Ct. App. 2014)

. . . We also affirm the trial court’s decision to not apply section 768.0755 retroactively, and we certify . . . Pembroke Lakes and Millard also argued their motion to have section 768.0755 apply retroactively and . . . Retroactive Application of Section 768.0755 We first address the issue of whether section 768.0755, Florida . . . With that overview, we turn now to whether section 768.0755 applies retroactively. In Kenz v. . . . Thus, the issue is whether section 768.0755 is procedural or substantive. . . .

PUBLIX SUPERMARKETS, INC. v. SANTOS,, 118 So. 3d 317 (Fla. Dist. Ct. App. 2013)

. . . We conclude that the trial court misinterpreted section 768.0755 because it allowed Santos to procure . . . When the legislature repealed section 768.0710, Florida Statutes (2009), and enacted section 768.0755 . . . Stat. (2009), with § 768.0755, Fla. Stat. (2010). . . . See § 768.0755(1), Fla. Stat. (2010). . . . The use of the term “business establishment” found in the current section 768.0755, instead of the use . . .

KENZ, v. MIAMI- DADE COUNTY, 116 So. 3d 461 (Fla. Dist. Ct. App. 2013)

. . . She alleges that the trial court erred in applying section 768.0755, Florida Statutes (2010), rather . . . On July 1, 2010, after Kenz filed suit but before trial commenced, section 768.0755, Florida Statutes . . . For the purposes of this discussion, section 768.0755 effectively returned Florida law to its pre-Owens . . . On June 7, 2011, Appellees filed a motion seeking a determination that section 768.0755 was applicable . . . Section 768.0755 reads as follows: 768.0755. . . .

METSKER, v. CAREFREE SCOTT FETZER COMPANY, d b a, 90 So. 3d 973 (Fla. Dist. Ct. App. 2012)

. . . The legislature replaced section 768.0710 with a new section 768.0755. . . .

DELGADO, v. LAUNDROMAX, INC., 65 So. 3d 1087 (Fla. Dist. Ct. App. 2011)

. . . The statute has since been repealed and replaced by section 768.0755 (2010), which defines how a breach . . .