A customer alleged she sustained injuries after slipping and falling on water in the floral department of a retail store. The plaintiff contended that the retailer failed to maintain the premises in a reasonably safe condition and argued that water in the floral department was a recurring and foreseeable condition. During discovery, the defense obtained and presented surveillance footage establishing that the water was created by another customer’s handling of a floral arrangement only thirteen seconds before the incident. The evidence further demonstrated that the retailer had implemented multiple preventative safety measures in the floral department, including floor mats, floral bags designed to capture dripping water, and active spot-mopping procedures. The defendant moved for summary judgment, arguing that the plaintiff could not establish actual or constructive notice as required under Florida Statute § 768.0755. Following briefing and oral argument, the court granted summary judgment in favor of the defendant. The court found that the undisputed video evidence established that the condition existed for only thirteen seconds before the fall, which was insufficient as a matter of law to establish constructive notice. The court also rejected the plaintiff’s argument that the condition was foreseeable merely because it occurred in the floral department. In doing so, the court found that the retailer’s use of preventative safety measures did not establish notice of the specific condition at issue, nor did it demonstrate that the condition occurred with sufficient regularity to be foreseeable. The court further found that the retailer’s safety measures were reasonable under the circumstances and entered summary judgment in favor of the defendant. Lara Weems Rezapour and Wendy Gaskins of the HM&B General Liability team secured this significant summary judgment victory on behalf of the retail defendant.
