According to Florida case law, a premises liability claim is a negligence claim with the added elements of 1) possession or control of the premises, and 2) notice of the dangerous condition. Thus, the 6 elements of premises liability are (i) a duty to the victim; (ii) whether the property or business owner breached that duty; (iii) whether there was a causal connection between the breach and the victim’s fall; (iv) the victim was damaged (injured); (v) possession or control of the premises; or (vi) constructive notice of the dangerous condition:
To prevail on its summary judgment motion, Winn-Dixie had to establish there was no genuine issue of material fact on one or more of the elements of Oliver’s claim. See Lago v. Costco Wholesale Corp., 233 So. 3d 1248, 1250 (Fla. 3d DCA 2017). A premises liability claim is a “negligence claim with the added elements of possession/control of the premises, and notice of the dangerous condition.” Bechtel Corp. v. Batchelor, 250 So. 3d 187, 200 (Fla. 3d DCA 2018) (citing Lisanti v. City of Port Richey, 787 So. 2d 36, 37 (Fla. 2d DCA 2001)). So Winn-Dixie had to show there was no genuine issue of material fact about one of the following: (i) its duty to Oliver; (ii) whether it breached the duty; (iii) whether there was a causal connection between its breach and Oliver’s fall; (iv) Oliver’s damages; (v) that it lacked control of the premises; or (vi) that it did not have constructive notice of the grape or surrounding liquid on the floor. See id.; Lago, 233 So. 3d at 1250.
See: Oliver v. Winn-Dixie Stores, Inc. – 291 So.3d 126
- Florida Premises Liability Law
- Florida Slip and Fall Law
- Grocery Store Slip and Fall Law in Florida: Get A Settlement
- Hotel Accident Claims
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.