1 | A bill to be entitled |
2 | An act relating to negligence; creating s. 768.0755, F.S.; |
3 | providing that a person seeking damages for a slip and |
4 | fall on a transitory foreign substance in a retail |
5 | establishment must prove that the retail establishment had |
6 | actual knowledge of the condition or constructive |
7 | knowledge of the condition; defining "constructive |
8 | knowledge"; providing that constructive knowledge may be |
9 | proven by circumstantial evidence; amending s. 768.81, |
10 | F.S.; redefining the term "negligence cases" as it relates |
11 | to comparative fault to include claims for negligent |
12 | security in which the defendant is sued for failing to |
13 | prevent the commission of an intentional tort; providing |
14 | that the apportionment of damages does not apply to any |
15 | action in which an intentional tortfeasor is sued and |
16 | seeks to apportion fault to a negligent tortfeasor; |
17 | repealing s. 768.0710, F.S., relating to the duty to |
18 | maintain premises in a reasonably safe condition for the |
19 | safety of business invitees; reenacting s. 25.077, F.S., |
20 | relating to the duty of the clerk of court to report |
21 | certain information concerning negligence cases, to |
22 | incorporate the amendment made to s. 768.81, F.S., in a |
23 | reference thereto; providing an effective date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Section 768.0775, Florida Statutes, is created |
28 | to read: |
29 | 768.0775 Premises liability for transitory foreign |
30 | substances in a retail establishment.--If a person slips and |
31 | falls on a transitory foreign substance in a retail |
32 | establishment, the injured person must prove that the retail |
33 | establishment had actual knowledge of the dangerous condition or |
34 | had constructive knowledge of the dangerous condition in that |
35 | the condition existed for a sufficient length of time that, in |
36 | the exercise of ordinary care, the retail establishment should |
37 | have known of the dangerous condition and taken action to remedy |
38 | it. Constructive knowledge may be proven by circumstantial |
39 | evidence showing that the dangerous condition existed for such a |
40 | length of time that in the exercise of ordinary care the retail |
41 | establishment should have known of the condition. |
42 | Section 2. Subsection (4) of section 768.81, Florida |
43 | Statutes, is amended to read: |
44 | 768.81 Comparative fault.-- |
45 | (4) APPLICABILITY.-- |
46 | (a) This section applies to negligence cases. For purposes |
47 | of this section, the term "negligence cases" includes, but is |
48 | not limited to, civil actions for damages based upon theories of |
49 | negligence, including negligent security resulting in the |
50 | commission of an intentional tort or criminal act; strict |
51 | liability;, products liability;, professional malpractice |
52 | whether couched in terms of contract or tort;, or breach of |
53 | warranty and like theories. In determining whether a case falls |
54 | within the term "negligence cases," the court shall look to the |
55 | substance of the action and not the conclusory terms used by the |
56 | parties. |
57 | (b) This section does not apply to any action brought by |
58 | any person to recover actual economic damages resulting from |
59 | pollution, to any action in which an intentional tortfeasor |
60 | seeks to apportion fault to a negligent tortfeasor based upon an |
61 | intentional tort, or to any cause of action as to which |
62 | application of the doctrine of joint and several liability is |
63 | specifically provided by chapter 403, chapter 498, chapter 517, |
64 | chapter 542, or chapter 895. |
65 | Section 3. Section 768.0710, Florida Statutes, is |
66 | repealed. |
67 | Section 4. For the purpose of incorporating the amendment |
68 | to section 768.81, Florida Statutes, in a reference thereto, |
69 | section 25.077, Florida Statutes, is reenacted to read: |
70 | 25.077 Negligence case settlements and jury verdicts; case |
71 | reporting.--Through the state's uniform case reporting system, |
72 | the clerk of court shall report to the Office of the State |
73 | Courts Administrator, beginning in 2003, information from each |
74 | settlement or jury verdict and final judgment in negligence |
75 | cases as defined in s. 768.81(4), as the President of the Senate |
76 | and the Speaker of the House of Representatives deem necessary |
77 | from time to time. The information shall include, but need not |
78 | be limited to: the name of each plaintiff and defendant; the |
79 | verdict; the percentage of fault of each; the amount of economic |
80 | damages and noneconomic damages awarded to each plaintiff, |
81 | identifying those damages that are to be paid jointly and |
82 | severally and by which defendants; and the amount of any |
83 | punitive damages to be paid by each defendant. |
84 | Section 5. This act shall take effect July 1, 2005. |