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Fla. Stat. § 768.0755 (2025)

Premises liability for transitory foreign substances in a business establishment.

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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.
Notes of Decisions
Cited in 148 cases (103 in the last 5 years), 2010–2026 · leading case: Pembroke Lakes Mall Ltd. v. McGruder, 137 So. 3d 418 (Fla. 4th DCA 2014).
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Pembroke Lakes Mall Ltd. v. McGruder, 137 So. 3d 418 (Fla. 4th DCA 2014). · cites it 27× “§ 768.0755, Fla. Stat. (2010). The most significant change between sections 768.”
Deborah Glaze, as Parent etc. v. Kathy Worley, DBA Chick- FIL-A etc., 157 So. 3d 552 (Fla. 1st DCA 2015). · cites it 48× “§ 768.0755, Fla. Stat. (2010). 6 though there was no specific evidence of how long the liquid had been on the floor where there was “active negligence” by the employees of the premises in failing to enforce the rule against allowing drinks on the dance floor.”
Kenz v. Miami-Dade Cnty., 116 So. 3d 461 (Fla. 3d DCA 2013). · cites it 18× “She alleges that the trial court erred in applying section 768.0755, Florida Statutes (2010), rather than section 768.”
Linda McCarthy v. Broward Coll. & Sunshine Cleaning Sys., Inc., 164 So. 3d 78 (Fla. 4th DCA 2015). · cites it 16× “Broward College moved for summary judgment, arguing the Plaintiff could not prove actual or constructive knowledge of the dangerous condition, as *79 required by section 768.0755, Florida Statutes (2011).”
Seaberg v. Steak N' Shake Operations, Inc., 154 F. Supp. 3d 1294 (M.D. Fla. 2015). · cites it 25× “0710 and replaced it with Fla. Stat. § 768.0755 , entitled “Premises liability for transitory foreign substances in a business establishment.”
Walker v. Winn-Dixie Stores, Inc., 160 So. 3d 909 (Fla. 1st DCA 2014). · cites it 9× “*911 Based on this evidence, Winn-Dixie filed a motion for final summary judgment, arguing that the recently-enacted section 768.0755, Florida Statutes, requires “proof of actual or constructive knowledge of the presence of a transitory foreign substance,” which can be proven by…”
Publix Supermarkets, Inc. v. Santos, 118 So. 3d 317 (Fla. 3d DCA 2013). · cites it 18× “(2009), with § 768.0755, Fla. Stat. (2010). Section 768.”
Fisher v. Big Y Foods, Inc., 3 A.3d 919 (Conn. 2010). · cites it 4× “Specifically, Fla. Stat. § 768.0755 , which took effect on July 1, 2010, provides in relevant part: "(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…”
Feris v. Club Country of Fort Walton Beach, Inc., 138 So. 3d 531 (Fla. 1st DCA 2014). · cites it 9× “Club Country filed a motion for summary judgment, arguing that section 768.0755, Florida Statutes (2010), requires a plaintiff to establish the defendant’s knowledge of the dangerous condition.”
Vanessa Sutton v. Wal-Mart Stores East, LP, 64 F.4th 1166 (11th Cir. 2023). · cites it 2× “USCA11 Case: 22-10162 Document: 32-1 Date Filed: 03/31/2023 Page: 6 of 14 6 Opinion of the Court 22-10162 Fla. Stat. § 768.0755 (1); see also Lago v.”
Wilson-Greene v. City of Miami, 208 So. 3d 1271 (Fla. 3d DCA 2017). · cites it 2× “2d at 76 ; see also § 768.0755, Fla. Stat. (2010). In the instant case, there is no actual notice because no one saw the substance spill on the floor and no one knows how it got there.”
Encarnacion v. Lifemark Hospitals of Florida, Inc., 211 So. 3d 275 (Fla. 3d DCA 2017). “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…”
Show all 148 citing cases →
768.0755(1): 55 cases
Pembroke Lakes Mall Ltd. v. McGruder, 137 So. 3d 418 (Fla. 4th DCA 2014). “§ 768.0755, Fla. Stat. (2010). The most significant change between sections 768.”
Kenz v. Miami-Dade Cnty., 116 So. 3d 461 (Fla. 3d DCA 2013). “She alleges that the trial court erred in applying section 768.0755, Florida Statutes (2010), rather than section 768.”
Publix Supermarkets, Inc. v. Santos, 118 So. 3d 317 (Fla. 3d DCA 2013). “(2009), with § 768.0755, Fla. Stat. (2010). Section 768.”
Marshalls of M.A., Inc. v. Witter, 186 So. 3d 570 (Fla. 3d DCA 2016).
Linda McCarthy v. Broward Coll. & Sunshine Cleaning Sys., Inc., 164 So. 3d 78 (Fla. 4th DCA 2015). “Broward College moved for summary judgment, arguing the Plaintiff could not prove actual or constructive knowledge of the dangerous condition, as *79 required by section 768.0755, Florida Statutes (2011).”
768.0755(1)(a): 19 cases
Publix Super Markets, Inc. v. Joseph Safonte (Fla. 4th DCA 2024).
Hector Garcia v. Winn-Dixie Stores, Inc. (Fla. 3d DCA 2025).
Wanda Welch Vs Chln, Inc. (Fla. 5th DCA 2023).
Sandra Leftwich v. Wal-mart Stores East, Lp & Thomas Schoendorf (Fla. 5th DCA 2024).
Leftwich v. Wal-Mart Stores East, LP (Fla. 5th DCA 2024).
768.0755(1)(b): 8 cases
Weston v. Buc-ee's Florida, LLC (M.D. Fla. 2025).
Publix Super Markets, Inc. v. Joseph Safonte (Fla. 4th DCA 2024).
Esteban-Garcia v. Wal-Mart Stores East LP (S.D. Fla. 2022).
Kitty Kincaid v. Walmart, Inc. & Jane Doe, Store Manager (Fla. 4th DCA 2026).
Maria Mesa De Los Angeles v. Winn-dixie Stores, Inc. (Fla. 3d DCA 2021).
768.0755(2): 5 cases
Publix Supermarkets, Inc. v. Santos, 118 So. 3d 317 (Fla. 3d DCA 2013). “(2009), with § 768.0755, Fla. Stat. (2010). Section 768.”
Seaberg v. Steak N' Shake Operations, Inc., 154 F. Supp. 3d 1294 (M.D. Fla. 2015). “0710 and replaced it with Fla. Stat. § 768.0755 , entitled “Premises liability for transitory foreign substances in a business establishment.”
Amorim v. Walmart, Inc. (S.D. Fla. 2025).
Nicole Morris v. Capital City Bank (Fla. 1st DCA 2025).
Duran v. Crab Shack Acqusition, FL, LLC, Joe's Crab Shack (Fla. 5th DCA 2024).
768.0755(l)(b): 1 case
Linda McCarthy v. Broward Coll. & Sunshine Cleaning Sys., Inc., 164 So. 3d 78 (Fla. 4th DCA 2015). “Broward College moved for summary judgment, arguing the Plaintiff could not prove actual or constructive knowledge of the dangerous condition, as *79 required by section 768.0755, Florida Statutes (2011).”
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This Florida statute resource is curated by the attorney maintaining this site, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 768 matters in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.