A recent Florida slip-and-fall lawsuit ended in disappointment for the plaintiff after the Third District Court of Appeal affirmed summary judgment for defendant Costco on grounds the element of actual or constructive knowledge had not been established. Florida is somewhat unique in this requirement, since the legislature in 2010 introduced…
A critical element of any Florida slip-and-fall injury lawsuit is establishing actual or constructive knowledge. Florida’s slip-and-fall statute, F.S. 768.0755, requires that if a person slips and suffers injury in the fall on a transitory foreign substance in a business establishment, that person must first prove the business had actual…