If you had a slip and fall at a Miami grocery store, Florida law puts the burden on you to prove the store either knew or should have known about the dangerous condition that caused your fall. This is a tougher standard than most people realize, and it’s the single biggest reason slip-and-fall cases at Publix, Winn-Dixie, Sedano’s, and Whole Foods locations across South Florida get denied.
The statute that governs these claims is Florida Statute § 768.0755, and it changed how grocery store cases work back in 2010.
What Florida Statute § 768.0755 Requires
Under § 768.0755, if you slip and fall on a transitory foreign substance in a business establishment, you must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. A transitory foreign substance is any temporary substance on the floor that isn’t supposed to be there — spilled milk, leaking produce water, a smashed grape, melted ice cream, or anything similar.
You can prove the store’s knowledge two ways:
- Actual knowledge — an employee saw the spill, was told about it, or caused it themselves. This is the harder version to prove because it usually requires witness testimony or video.
- Constructive knowledge — the condition existed long enough that, in the exercise of ordinary care, the store should have known about it, or the condition occurred with regularity and was therefore foreseeable.
South Florida Personal Injury Lawyers Blog












