House Bill hb1545

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    Florida House of Representatives - 2002                HB 1545

        By Representative Simmons






  1                      A bill to be entitled

  2         An act relating to burden of proof in

  3         negligence actions involving transitory foreign

  4         objects; creating s. 768.0710, F.S.; providing

  5         requirements with respect to the burden of

  6         proof in claims against persons or entities in

  7         possession or control of business premises;

  8         providing for the application of the act;

  9         providing an effective date.

10  

11         WHEREAS, on November 15, 2001, the Florida Supreme

12  Court decided the case of Owens v. Publix Supermarket, Inc.,

13  Case No. SC95667 & SC96235, and

14         WHEREAS, the Florida Legislature, in considering the

15  difficult issue of balancing rights and duties between

16  possessors of land and invitees upon that land, believes that

17  the concurring opinions by Justices Harding and Lewis in that

18  opinion more fully represent the interests of justice, NOW,

19  THEREFORE,

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Section 768.0710, Florida Statutes, is

24  created to read:

25         768.0710  Burden of proof in claims of negligence

26  against persons or entities in possession or control of

27  business premises.--

28         (1)  In any civil action for negligence arising out of

29  injury, death, or other loss to a business invitee as a result

30  of a dangerous condition involving a transitory foreign object

31  

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    Florida House of Representatives - 2002                HB 1545

    795-118-02






  1  on business premises, the claimant shall have the burden of

  2  proving that:

  3         (a)  The person or entity in possession or control of

  4  the business premises owed a duty to the claimant;

  5         (b)  The person or entity in possession or control of

  6  the business premises failed to exercise reasonable care. This

  7  includes proof that the dangerous condition presented an

  8  unreasonable risk of harm that was reasonably foreseeable and,

  9  subject to subsection (3), that the person or entity in

10  possession or control of the business premises either created

11  the dangerous condition or had actual or constructive notice

12  of the dangerous condition before the injury, death, or other

13  loss occurred, or that the mode of operation of the business

14  was such that the person or entity in possession or control of

15  the business premises failed to exercise reasonable care; and

16         (c)  The dangerous condition was the proximate cause of

17  the injury, death, or other loss that occurred.

18         (2)  The person or entity in possession or control of

19  the business premises owes a duty of reasonable care to

20  maintain the premises in a reasonably safe condition, which

21  includes a reasonable effort to keep the premises free from

22  transitory foreign objects that might reasonably give rise to

23  injury, death, or other loss.

24         (3)  In the event that both the claimant and the person

25  or entity in possession or control of the business premises

26  fail to present any evidence as to whether constructive notice

27  of the dangerous condition existed, the claimant shall have

28  carried his or her burden of proof on this issue sufficient

29  for the issue to be left for determination by the fact finder.

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    Florida House of Representatives - 2002                HB 1545

    795-118-02






  1         Section 2.  This act shall take effect upon becoming a

  2  law and shall apply to all causes of action pending on or

  3  after that date.

  4  

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  6                          HOUSE SUMMARY

  7  
      Provides requirements with respect to the burden of proof
  8    in claims of negligence against possessors of business
      premises arising out of physical harm to a business
  9    invitee resulting from a transitory foreign object on
      business premises. See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.