challenges you face.
Does the court consider condition duration in a slip & fall?
According to Florida law, in transitory foreign substance cases, courts look to the length of time the condition existed before the accident occurred: In transitory foreign substance cases, courts look to the length of time the condition existed before the accident...
Is each repetition of defamation considered a publication?
According to Florida law, every repetition of a defamatory statement is considered a publication: Florida law establishes a two-year statute of limitations for actions for “libel and slander.” § 95.11(4)(g), Fla. Stat. (2014). The statute of limitations begins to run...
When must a business or landowner warn of danger?
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...
Must supermarkets have intensive floor inspection programs?
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...
Is a parking lot inherently dangerous under Florida law?
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,...
Is failing to keep napkins off restaurant floor negligence?
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 clear and...
How does a judge decide if a defamation claim is actionable?
According to Florida law, a court determines if a statement is defamatory by examining it in the context of its publication, considering all the surrounding circumstances: To determine whether a statement is actionable, the court must examine it in the context in...
How do courts assess substance duration on floors?
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...
What does “transitory foreign substance” mean in Florida?
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 constructive knowledge...
Did Disney’s negligence cause an injury at Haunted Mansion?
Here's what happened: Joseph (Jobie) McCabe, Jr., a minor, by and through his mother, Jayne Flanigan, filed a lawsuit to recover damages for personal injuries received when Jobie fell over a low railing while engaged in “horseplay” with several friends while inside an...
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