• New Florida Slip and Fall Statute Section 768.0755 (eff. 7-1-10).   Shifting the Burden of Proof Back to the Plaintiff.
  • August 13, 2010 | Authors: Anthony J. Petrillo; Jennifer J. Seitz
  • Law Firm: Luks, Santaniello, Petrillo & Jones - Tampa Office
  • Florida Statute §768.0755 by its terms does not affect a business owner’s common law duty of care to its invitees, such as its duty to use reasonable care in maintaining its premises in a reasonably safe condition and to warn of hidden dangers. However, by fully placing the burden of proof back on the plaintiff, litigation results will more frequently favor business owners and their insurers, who will likely save much time and expense in defending claims where the business owner had no actual or constructive knowledge of the dangerous condition.