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

The 2024 Florida Statutes

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 Citing Statute 768.0755

Total Results: 20

Donna Ruth and Timothy Ruth v. JEM Restaurant Group of Florida, Inc., JETTS Florida Bells, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: element is ‘statutorily constrained’ by section 768.0755, Florida Statutes.” Welch, 357 So. 3d at 1278

Burger King and Seven Restaurants, LLC v. Richard L. Tulecki, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: 3d 247, 250 (Fla. 4th DCA 2009). Section 768.0755, Florida Statutes (2019), governs liability for

Publix Super Markets, Inc. v. Joseph Safonte

Court: District Court of Appeal of Florida | Date Filed: 2024-06-20

Snippet: and should have taken action to remedy it.” § 768.0755(1), Fla. Stat. (2018). Because no evidence

Daniel Valdes v. Verona at Deering Bay Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: and should have taken action to remedy it.” § 768.0755(1), Fla. Stat. “Constructive notice may be inferred

Leftwich v. Wal-Mart Stores East, LP

Court: District Court of Appeal of Florida | Date Filed: 2024-05-24

Snippet: transitory foreign substance statute, section 768.0755(1), Florida Statutes, is appropriate to ensure

Duran v. Crab Shack Acqusition, FL, LLC, Joe's Crab Shack

Court: District Court of Appeal of Florida | Date Filed: 2024-04-25

Snippet: was an unreasonable hazard.”). Section 768.0755(1), Florida Statutes (2017)—consistent with the

DOLGEN CORP, LLC D/B/A DOLLAR GENERAL v. KIMBERLY DOTY, CHRISTOPHER DOTY, AND KATHY WILLIAMS

Court: District Court of Appeal of Florida | Date Filed: 2024-03-22

Snippet: claim “is ‘statutorily constrained’ by section 768.0755, Florida Statutes.” Welch v. CHLN, Inc., 357 So

SANDRA LEFTWICH v. WAL-MART STORES EAST, LP AND THOMAS SCHOENDORF

Court: District Court of Appeal of Florida | Date Filed: 2024-02-22

Snippet: element is ‘statutorily constrained’ by section 768.0755, Florida Statutes.” Welch, 357 So. 3d at 1278

Ana Del Carpio v. Western Beef of Florida, LLC

Court: District Court of Appeal of Florida | Date Filed: 2024-01-03

Snippet: appellees’ knowledge of the water under section 768.0755, Florida Statutes (2018). This appeal followed

Elizabeth Sentz v. Bonefish Grill, LLC

Court: District Court of Appeal of Florida | Date Filed: 2023-11-15

Snippet: business premises cases are governed by section 768.0755, Florida Statutes (2020). Pembroke Lakes Mall

WANDA WELCH vs CHLN, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-03-17

Snippet: element is “statutorily constrained” by section 768.0755, Florida Statutes. Encarnacion v. Lifemark Hosps

PUBLIX SUPER MARKETS, INC. v. ERNESTO BLANCO

Court: District Court of Appeal of Florida | Date Filed: 2023-01-25

Snippet: because section 768.0755, Florida Statutes, 2 requires a plaintiff to 2 Section 768.0755, Florida Statutes

SARAH BENSALAH v. WHOLE FOODS MARKET GROUP, INC.

Court: District Court of Appeal of Florida | Date Filed: 2022-05-11

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. § 768.0755, Fla. Stat. (2016); Encarnacion v. Lifemark Hosps

NORTH LAUDERDALE SUPERMARKET, INC. d/b/a SEDANO'S SUPERMARKET 35 v. LUZ PUENTES and JAIRO GARCIA

Court: District Court of Appeal of Florida | Date Filed: 2021-12-22

Snippet: contended that, to be consistent with section 768.0755, Florida Statutes (2014) (discussed below), the

MANUEL VARGAS v. DOLPHIN MALL ASSOCIATES, LLC

Court: District Court of Appeal of Florida | Date Filed: 2021-12-22

Snippet: dangerous condition” to take remedial action. § 768.0755(1), Fla. Stat. (2021); see Dominguez v. Publix

SPEEDWAY LLC v. GLORIA CEVALLOS

Court: District Court of Appeal of Florida | Date Filed: 2021-12-15

Snippet: 2d 498, 502 (Fla. 4th DCA 1999)). Section 768.0755, Florida Statutes (2016), governs liability in

MARIA MESA DE LOS ANGELES v. WINN-DIXIE STORES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-09-08

Snippet: 2 condition. See § 768.0755(1)(a)-(b), Fla. Stat. (2017);1 Morales v. Ross

BRANDY T. OLIVER v. WINN-DIXIE STORE, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-02-19

Snippet: 0710, Fla. Stat.). But when it enacted section 768.0755, Florida Statutes (2010)—the current premises

In re: Standard Jury Instructions in Civil Cases - Report No. 19-02

Court: Supreme Court of Florida | Date Filed: 2019-12-05

Snippet: substances in a business establishment, see F.S. 768.0755 and cases interpreting it.” No amendments were

Khorran v. Harbor Freight Tools USA

Court: District Court of Appeal of Florida | Date Filed: 2018-06-27

Citation: 251 So. 3d 962

Snippet: fall on a transitory foreign substance. See § 768.0755, Fla. Stat. (2010); Kenz v. Miami-Dade Cty., 116