John A. Willis of Willis Law. Courtesy photo The Difficulty in Blaming a Slip-and-Fall Injury on a Business or Establishment
On Nov. 15, 2001, the Florida Supreme Court, in the case of Owens v. Publix Supermarkets, held that where a plaintiff slips and falls on a "transitory foreign substance" in a defendant's business premises, once the plaintiff establishes that he or she fell because of that "transitory foreign substance," the burden shifts to the defendant to produce evidence that it exercised reasonable care under the circumstances.
August 26, 2022 at 09:05 AM
4 minute read
You've either been there or could absolutely see how it could happen to you. You're out doing your weekly grocery shopping, and all of a sudden, wham! You're down! You slipped and fell on a hazard or what the courts call a "transitory foreign substance," and you're feeling embarrassed by the incident and also—ow!—did you pull something?
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