by Alan Sackrin | Jan 9, 2024 | FAQs, Premises Liability, Slip and Falls
According to Florida law, in a premises liability case, a business owner or landowner has a duty to warn when their knowledge of the danger is superior to that of the injured party: Looking at the second theory first, it is clear that there was no concealed peril...
by Alan Sackrin | Jan 3, 2024 | FAQs, Slip and Falls
According to Florida law, supermarkets are required to have an intensive floor inspection program: First, we conclude (a) there are no genuine issues of material fact on the issues of adequate inspection and constructive notice, and (b) the defendant is entitled to a...
by Alan Sackrin | Dec 19, 2023 | FAQs, Slip and Falls
According to Florida law, there is nothing inherently dangerous about a parking lot: This Court has heretofore held, however, that there is nothing inherently dangerous about a parking lot. Foley v. Hialeah Race Course, Fla., 53 So.2d 771. In that case the complaint,...
by Alan Sackrin | Dec 13, 2023 | FAQs, Slip and Falls
According to Florida case law, a restaurant owner’s failure to make reasonable efforts to keep transitory foreign substances of the floor, such as napkins, is considered negligence: We are further persuaded that the evidence of the defendant’s negligence was...
by Alan Sackrin | Dec 4, 2023 | FAQs, Slip and Falls
According to Florida case law, courts consider several factors including evidence of footprints, track marks, changes in consistency, drying of the liquid, and whether the substance was dirty or scuffed to determine how long a substance might have been present on the...
by Alan Sackrin | Dec 4, 2023 | FAQs, Slip and Falls
According to Florida case law, a “transitory foreign substance” is any liquid or solid substance, item, or object that is located in a place where it does not belong. A business can be held liable for a slip-and-fall incident if it had actual or...
