HB 495

1	A bill to be entitled
2	An act relating to negligence; creating s. 768.0755, F.S.;
3	providing that if a person slips and falls on a transitory
4	foreign substance in a business establishment, the injured
5	person must prove that the business establishment had
6	actual or constructive knowledge of the condition and
7	should have taken action to remedy it; providing that
8	constructive knowledge may be proven by circumstantial
9	evidence; repealing s. 768.0710, F.S., relating to the
10	duty to maintain premises and the burden of proof in
11	claims of negligence involving transitory foreign objects
12	or substances; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 768.0755, Florida Statutes, is created
17	to read:
18	768.0755  Premises liability for transitory foreign
19	substances in a business establishment.--If a person slips and
20	falls on a transitory foreign substance in a business
21	establishment, the injured person must prove that the business
22	establishment had actual or constructive knowledge of the
23	dangerous condition and should have taken action to remedy it.
24	Constructive knowledge may be proven by circumstantial evidence
25	showing that:
26	(1)  The dangerous condition existed for such a length of
27	time that, in the exercise of ordinary care, the business
28	establishment should have known of the condition; or
29	(2)  The condition occurred with regularity and was
30	therefore foreseeable.
31	Section 2.  Section 768.0710, Florida Statutes, is
32	repealed.
33	Section 3.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.