JEAN R. BURNETT, APPELLANT,
v.
THE LOWER FLORIDA KEYS HEALTH SYSTEMS, INC., APPELLEE
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Genuine issues of material fact exist regarding whether the defendant had actual or constructive notice of a hazardous condition on its premises.
[1] A plaintiff in a slip and fall case must demonstrate that the defendant had actual or constructive notice of a dangerous condition on the premises.
[2] Constructive notice of a dangerous condition may be established by showing the condition existed for a sufficient duration that the defendant should have known of it thro…
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Join FLexlaw to unlock all legal intelligencePlaintiff slipped and fell on a wet floor. The floor had been mopped up to two and a half hours prior to the fall, and an employee had warned the plai…
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PER CURIAM.
Jean R. Burnett (“plaintiff’) appeals the entry of summary judgment in favor of The Lower Florida Keys Health Systems, Inc. (“defendant”) in a slip and fall case. Because genuine issues of material fact exist as to whether the defendant knew of, or should have known of, a hazardous condition on its premises, we reverse.
In order for a plaintiff to recover for injuries in a slip and fall accident, the plaintiff must show that the defendant responsible for the premises had actual or constructive notice of a dangerous condition. See Maryland Maintenance Serv., Inc. v. Palmieri, 559 So. 2d 74 (Fla. 3d DCA 1990), rev. denied, 574 So. 2d 142 (Fla.1990); Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3d DCA 1983), rev. denied, 447 So. 2d 889 (Fla.1984). Constructive notice may be shown by presenting evidence that the condition existed for such a length of time that, in exercise of ordinary care, the defendant should have known of the condition. See Nance v. Winn Dixie Stores, Inc., 436 So. 2d at 1076. It may also be shown by presenting evidence that the condition occurred regularly and, consequently, was foreseeable. See Nance v. Winn Dixie Stores, Inc., 436 So. 2d at 1076.
Here, deposition testimony revealed that the floor in question had been mopped sometime, up to two and a half hours, before the accident. Furthermore, an employee of the defendant informed the plaintiff that the floor was wet in the area where the plaintiff fell.
The plaintiff, therefore, could show (1) that the floor was wet in the area of the accident, (2) that the hazard was foreseeably created by the defendant’s cleaning efforts, and (3) that the hazard existed for a substantial period of time prior to the accident, and thus, was discoverable. The plaintiff is entitled to present this evidence to a jury even if there is substantial evidence to the contrary. See Hervey v. Alfonso, 650 So. 2d 644 (Fla. 2d DCA 1995). Accordingly, the summary judgment entered below is reversed.
Reversed.
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Cisneros v. Costco Wholesale Corp., 754 So. 2d 819 (Fla. 3d DCA 2000)…r that “constructive notice may be shown by presenting evidence that the condition existed for such a length of time that, in exercise of ordinary care, the defendant should have known of the condition.” Burnett v. Lower Fla. Keys Health Sys., Inc., 722 So. 2d 951, 951 (Fla. 3d DCA 1998). In Altman v. Publix Supermarkets, Inc., 579 So. 2d 351 (Fla. 3d DCA 1991), the plaintiff slipped and fell at the supermarket. She testified that the floor was dirty, oily and garbage strewn. Additionally, she said that “groc…
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Miguel v. City OF Miami, 760 So. 2d 979 (Fla. 3d DCA 2000)…walk, did not otherwise pose an open and obvious danger which existed for a period of time, see, e.g., Hirsehenson v. Westway Inc., 728 So. 2d 1216 (Fla. 3d DCA 1999) (metal rod extending over sidewalk); Burnett v. Lower Fla. Keys Health Sys., Inc., 722 So. 2d 951 (Fla. 3d DCA 1998) (wet floor); Skipper v. Barnes Supermarket, 573 So. 2d 411 (Fla. 1st DCA 1991) (spilled spaghetti strewn over floor); Ayers v. City of Miami, 578 So. 2d 302 (Fla. 3d DCA 1991) (uncapped gas valve box); Spaulding v. City of Melbour…
Authorities Cited
- Hervey v. Alfonso, 650 So. 2d 644 (Fla. 2d DCA 1995)
- Anne E. Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075 (Fla. 3d DCA 1983)
- Md. Maint. Serv., Inc. v. Vittorio Palmieri and Bertha Palmieri, 559 So. 2d 74 (Fla. 3d DCA 1990)