ZAYRE CORPORATION, APPELLANT,
v.
JANET SUE BRYANT AND ROBERT MYERS BRYANT, JR., HER HUSBAND, APPELLEES
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Zayre Corporation's appeal of a negligence judgment for a slip-and-fall accident is affirmed because the condition of the substance (with tire tracks and slime) and the store's failure to inspect the aisle for four hours constituted adequate circumstantial evidence of constructive notice.
Circumstantial evidence of a hazardous condition (a slimy substance with tire tracks) combined with failure to inspect an aisle for four hours is sufficient to impute constructive notice of the hazard to a store operator.
[1] A store operator may be charged with constructive notice of a hazardous condition based on circumstantial evidence including the appearance of the substance (dirty, scuff…
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Join FLexlaw to unlock all legal intelligenceJanet Sue Bryant slipped and fell on a substance in a Zayre Corporation department store that had black tire tracks running through it and was slimy; …
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PER CURIAM.
This is an appeal by the defendant Zayre Corporation from a final judgment entered upon an adverse jury verdict in a negligence action arising from a slip and fall accident in a department store. Contrary to the defendant’s argument, we conclude that (1) the fact that the substance on which the plaintiff Janet Sue Bryant slipped and fell had “black darkened” grocery cart tire tracks running through it and was otherwise “relatively clear” but “slimy,” and (2) the fact that the defendant had no provision for regular inspection of the aisles in the store and had not checked the aisle where the plaintiff slipped and fell for at least four hours prior to the accident —constituted adequate circumstantial evidence upon which a jury could have reasonably imputed constructive notice of the hazardous condition to the defendant.
Indeed, on facts closely analogous to those in the instant case, we have reached an identical conclusion. Winn Dixie Stores, Inc. v. Guenther, 395 So. 2d 244, 246 (Fla. 3d DCA 1981) (“Here, testimony that the liquid was dirty and scuffed and had several tracks running through it was, in our opinion, adequate to impute constructive notice of the hazardous condition to the store manager.”) Moreover, failure to properly inspect the aisle for hazardous conditions for at least four hours prior to the accident further supports the result we reach herein. Jenkins v. Brackin, 171 So. 2d 589, 591 (Fla. 2d DCA 1965).
Affirmed.
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Miller v. BIG C Trading, Inc., 641 So. 2d 911 (Fla. 3d DCA 1994)…. 2d 83, 83 (Fla. 3d DCA 1989), [tjhere was no evidence to indicate that the grape had been on the floor for any length of time such as thawing, cart tracks, footprints or other indicia of constructive notice. Compare, e.g., Zayre Corp. v. Bryant, 528 So. 2d 516 (Fla. 3d DCA 1988); Teate v. Winn-Dixie Stores, Inc., 524 So. 2d 1060 (Fla. 3d DCA 1988), review denied, 534 So. 2d [*912] 402 (Fla.1988). The plaintiff relies, however, on evidence that two store employees were nearby when she fell which, she argue…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. Brackin, 171 So. 2d 589 (Fla. 2d DCA 1965)
- Winn-Dixie Stores, Inc. v. Guenther, 395 So. 2d 244 (Fla. 3d DCA 1981)