In any civil action for negligence involving loss, injury, or damage to a business invitee as a result of a transitory foreign object or substance on the premises, in proving that a person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care, in the maintenance, inspection, repair, warning, or mode of operation of the business premises, actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim.

An action for premises liability may arise in a slip in fall claim, by virtue of negligence, arising from different conditions in the premises. Generally, the plaintiff has the burden of proving that the defendant, as the property owner, had actual or constructive knowledge of the dangerous condition, before the injury occurred. Historically, Florida courts required that in "slip-and-fall" cases concerning a transitory foreign substance, the injured person had to prove that the premises owner had actual or constructive knowledge of the dangerous condition in that the condition existed for such a length of time that in the exercise of ordinary care, the premises owner should have known of it and taken action to remedy it. However, the Florida Supreme Court eliminated the plaintiff's burden to prove that the business owner had actual or constructive notice of the substance. Specifically, in slip and fall cases on a business premises involving a transitory foreign substance that caused a customer to fall and be injured was not a safe condition and the existence of that unsafe condition created a rebuttable presumption that the premises owner did not maintain the premises in a reasonably safe condition. Therefore, once a plaintiff has established that he or she fell as a result of a transitory foreign substance, a rebuttable presumption of negligence arises.

A cause of action for a slip and fall may have many complex issues. Therefore, you should consult with an experienced West Palm Beach personal injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.