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Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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Regarding the article "Same Planet, Different Worlds" Co-op

Customer Question

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 XLV
TORTS Chapter 768
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 showing that:
(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.
Submitted: 5 years ago.
Category: Legal
Expert:  Fran-mod replied 5 years ago.
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