Businesses are expected to exercise reasonable care over their premises, providing inspection, maintenance, repairs, or warnings of any foreign object or substance. If the business fails to provide this to its customers, and this failure results in injuries, the property owner or manager can be held liable for the injuries and expenses incurred as a result. A Fourth District Court of Appeal case reviews the type of proof needed in a premises liability action for a successful result for the injured person in Decision No. 4D16-3413.
The plaintiff slipped on liquid laundry detergent while in a “big box” store. His injury resulted in incurred medical expenses. The injured person described the person in front of him as carrying a “leaking” laundry detergent bottle, which spilled the substance on which he slipped. The injured person filed suit against the store, alleging negligence, and won $250,000 in damages. The trial court judge denied all post-trial motions made by the store, which appealed the verdict in favor of the injured person.
The store argued on appeal that the court should have granted its motion for a directed verdict. The store claimed the injured person failed to sufficiently plead a prima facie case for negligence by using the theory of negligent mode of operation. The injured person countered that the store’s operation was negligent because of its policy of using a high-gloss finish on its floors, resulting in a constant wet-look finish. This persistent wet look makes it increasingly difficult for patrons to be able to see translucent liquids, due to the reflection off the floor caused by the bright lights.