Recently, a Florida appellate court issued an opinion in a plaintiff’s appeal stemming from a premises liability lawsuit. The case arose after a customer spilled laundry detergent near a checkout counter at a Dollar General. A store manager and employee were working at the register when the spill occurred. The manager went to get cleaning supplies and left the employee to assist customers in checking out. About a minute later, the plaintiff entered the store and slipped on the detergent, sustaining serious injuries.
The plaintiff argued that the defendant was negligent because they did not safely maintain their premises or warn him of potential hazards. The defendant moved for summary judgment claiming that it did not breach its duty because there was not enough time between the spill and fall to remedy the hazard.
Under Florida law, courts reviewing summary judgment motions must draw all inferences in favor of the plaintiff against whom the order is sought. Courts can only grant these motions when there are no disputes regarding any genuine issues of material fact. In instances where a defendant moves for summary judgment, the defendant must show that it did not breach any duty to the plaintiff. In Florida, business owners owe a duty to maintain their premises in a safe condition and warn customers of any dangers it knew about, or should have known about.