Plaintiff’s right to discover similar cases, and Florida’s Slip And Fall statute

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The Third District Court of Appeal in Publix Supermarkets, Inc. v. Marisol Santos, recently held that Florida’s slip and fall statute §768.0755 limits a plaintiff’s right of discovery of other similar incidents. In the case, the plaintiff alleged that she fell as a result of wet spinach on the floor, and sought discovery of similar incidents at every Publix store in Florida.

However, the appeals court agreed with Publix that this request was overly broad. The statute requires that “the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” This means that the particular business location, rather than the entire network of Publix stores, must be on notice of the dangerous condition in order to have an obligation to fix it. The case would also likely apply to a specific school location rather than every piece of property owned by an entire school district.

Please contact David Delaney if you would like to discuss this case in greater detail.