House Bill hb1545c1

    Florida House of Representatives - 2002             CS/HB 1545

        By the Council for Smarter Government and Representatives
    Simmons and Kendrick





  1                      A bill to be entitled

  2         An act relating to burden of proof in

  3         negligence actions involving transitory foreign

  4         objects or substances; creating s. 768.0710,

  5         F.S.; providing requirements with respect to

  6         the burden of proof in claims against persons

  7         or entities in possession or control of

  8         business premises; providing for the

  9         application of the act; providing an effective

10         date.

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

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

14  Case No. SC95667 & SC96235, and

15         WHEREAS, the Florida Legislature has considered the

16  issues raised and law surveyed in the Owens case when

17  balancing rights and duties between possessors of land and

18  invitees upon that land, NOW, THEREFORE,

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

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22         Section 1.  Section 768.0710, Florida Statutes, is

23  created to read:

24         768.0710  Burden of proof in claims of negligence

25  involving transitory foreign objects or substances against

26  persons or entities in possession or control of business

27  premises.--

28         (1)  The person or entity in possession or control of

29  business premises owes a duty of reasonable care to maintain

30  the premises in a reasonably safe condition for the safety of

31  business invitees on the premises, which includes reasonable

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






    Florida House of Representatives - 2002             CS/HB 1545

    405-197-02






  1  efforts to keep the premises free from transitory foreign

  2  objects or substances that might forseeably give rise to loss,

  3  injury, or damage.

  4         (2)  In any civil action for negligence involving loss,

  5  injury, or damage to a business invitee as a result of a

  6  transitory foreign object or substance on business premises,

  7  the claimant shall have the burden of proving that:

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

  9  the business premises owed a duty to the claimant;

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

11  the business premises acted negligently by failing to exercise

12  reasonable care in the maintenance, inspection, repair,

13  warning, or mode of operation of the business premises. Actual

14  or constructive notice of the transitory foreign object or

15  substance is not a required element of proof to this claim.

16  However, evidence of notice or lack of notice offered by any

17  party may be considered together with all of the evidence; and

18         (c)  The failure to exercise reasonable care was a

19  legal cause of the loss, injury, or damage.

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

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

22  after that date.

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