Senate Bill sb2256

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    Florida Senate - 2002                                  SB 2256

    By Senators Brown-Waite, Wise and Sullivan





    10-1243-02

  1                      A bill to be entitled

  2         An act relating to premises liability actions;

  3         creating s. 768.071, F.S.; establishing

  4         requirements for meeting the burden of proof in

  5         such actions; defining terms; providing an

  6         effective date.

  7  

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

  9  

10         Section 1.  Section 768.071, Florida Statutes, is

11  created to read:

12         768.071  Burden of proof in claims against persons in

13  possession or control of real property.--

14         (1)  A person in possession or control of real property

15  owes a duty to business invitees or other persons lawfully on

16  such premises to exercise reasonable care to maintain the

17  premises in a reasonably safe condition, including a

18  reasonable effort to keep the premises free of any dangerous

19  condition that could reasonably give rise to injury or damage.

20         (2)  In a negligence claim against such person by a

21  business invitee or other person lawfully on the premises for

22  damages resulting from an injury, death, or loss proximately

23  caused by a condition existing on the premises, the claimant

24  has the burden to prove, by a greater weight of the evidence,

25  in addition to all other elements of the cause of action,

26  that:

27         (a)  The condition presented a reasonably foreseeable,

28  unreasonable risk of harm to the claimant.

29         (b)  The defendant created the condition or had actual

30  or constructive notice of the condition before the injury

31  occurred.

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    Florida Senate - 2002                                  SB 2256
    10-1243-02




  1         (c)  The defendant failed to exercise reasonable care.

  2  In determining reasonable care, the absence of, or failure to

  3  follow, any written or verbal internal operational procedure

  4  is not by itself sufficient to prove failure to exercise

  5  reasonable care. In determining reasonable care, the method of

  6  operational or business practices of a defendant is simply an

  7  element of the evidence to be considered and may not be the

  8  basis of a separate theory of liability.

  9         (3)  As used in this section:

10         (a)  The term "Business invitee" means a person invited

11  to enter onto or remain on the premises by the person in

12  possession or control of such premises for a purpose related

13  to the business dealings of that person.

14         (b)  "Constructive notice" occurs when the condition

15  that caused a claimant's injury has existed on the premises

16  for such a length of time that the defendant should have known

17  the existence of the condition through the exercise of

18  reasonable care. Evidence of past events or occurrences not

19  related to a claimant's injury may not be used to prove

20  constructive notice. The claimant may use circumstantial

21  evidence to prove constructive notice, but may not stack an

22  inference drawn from circumstantial evidence on another

23  inference drawn from circumstantial evidence without having

24  proven the first inference to the exclusion of all other

25  reasonable inferences.

26         (4)  This section does not affect any duty owed by a

27  person in possession or control of real property to any person

28  other than business invitees or other persons lawfully on the

29  premises.

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    Florida Senate - 2002                                  SB 2256
    10-1243-02




  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  

  5            *****************************************

  6                          SENATE SUMMARY

  7    Establishes burden-of-proof requirements in premises
      liability actions by business invitees and other
  8    specified persons. (See bill for details.)

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