Regarding the article "Same Planet, Different Worlds"
Co-op vs. Condo Liability
By Lisa Iannucci:
Do you have an opinion on Condo common areas liabilty in view of Florida's new slip and fall statute:
The 2011 Florida Statutes Title
NEGLIGENCE View Entire Chapter
(NNN) NNN-NNNNPremises liability for transitory foreign substances in a business establishment.—(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession
or control of a business premises.
History.—s. 1, ch. 2010-8.
Thomas Yannitelli, Esq.