• First DCA Reinforces Plaintiff’s Burden in Constructive Knowledge Cases Involving Transitory Foreign Substances
  • February 6, 2015 | Author: J. David Marsey
  • Law Firm: Rumberger, Kirk & Caldwell Professional Association - Tallahassee Office
  • In August 2014, the First District Court of Appeal interpreted a recently enacted statute that requires plaintiffs to prove actual or constructive knowledge of the presence of a transitory foreign substance before being held liable for plaintiff’s injuries sustained in a fall. In affirming the trial court’s entry of summary judgment for the store, the Court recognized that the duty to act to mitigate a potential danger is triggered by the actual or constructive notice of the presence of a foreign substance, not simply the possibility that it might become present.