Premises Liability – Who is Responsible?
According to the Centers for Disease Control and Prevention 
(CDC), over one million Americans suffer from injuries and more than 17,000 people die in the U.S. annually because of a slip, trip, or fall. Common injuries can range from bruising to fractures to closed head injuries. These injuries or deaths often result
from unsafe conditions on the property due to negligent maintenance.
Property owners have three (3) concurrent duties under Florida law:
- To maintain the premises in reasonably safe condition;
- To correct any dangerous condition of which the owner either knew or should have known by the use of reasonable care; and
- To warn of any dangerous condition concerning which the owner had, or should have had, knowledge greater than that of the injured victim.
(See Standard Jury Instructions 401.20a, Negligence Issues)
In 2010, the Florida legislature changed the burden of proof that an injured party must show in a slip and fall claim based upon a transient foreign substance. Now, an injured party must show the owner of the premises had actual or constructive notice of the dangerous condition prior to the fall. Previously, actual or constructive notice was not a required element of proof. Recently, the Third District Court of Appeal ruled that this new element was purely procedural, therefore applies retroactively to cases which occurred prior to the July 2010 enactment.
This may affect your rights and ability to hold the premises owner responsible for your injuries. Until such time as the other four District Courts of Appeal Rule on this issue, this matter is still unsettled.
