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The Florida Statutes

The 2004 Florida Statutes

Title XLV
TORTS
Chapter 768
NEGLIGENCE
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Section 768.0710, Florida Statutes 2004

768.0710  Burden of proof in claims of negligence involving transitory foreign objects or substances against persons or entities in possession or control of business premises.--

(1)  The person or entity in possession or control of business premises owes a duty of reasonable care to maintain the premises in a reasonably safe condition for the safety of business invitees on the premises, which includes reasonable efforts to keep the premises free from transitory foreign objects or substances that might foreseeably give rise to loss, injury, or damage.

(2)  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 business premises, the claimant shall have the burden of proving that:

(a)  The person or entity in possession or control of the business premises owed a duty to the claimant;

(b)  The 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. However, evidence of notice or lack of notice offered by any party may be considered together with all of the evidence; and

(c)  The failure to exercise reasonable care was a legal cause of the loss, injury, or damage.

History.--s. 1, ch. 2002-285.