Burden of proof in claims of negligence involving transitory foreign objects or substances against persons or entities in possession or control of business premises

Common Elements summary — Section 768.0701 (along with its companion 768.0710 and 768.0755) sets the proof burden when someone trips, slips, or is injured by a transitory foreign substance — water, food, a dropped object — on premises in the possession or control of a business or association. The injured person must prove that the entity in possession had actual or constructive notice of the dangerous condition and should have taken action to remedy it. For HOA and COA boards this is the rule that turns "we had no idea there was water in the hallway" from a moral argument into a legal defense. Constructive notice typically requires evidence that the condition existed long enough that the association should have discovered it on a reasonable inspection — or that it recurred regularly enough that the association should have addressed the cause. The practical implication: keep written inspection logs. Pool decks, fitness rooms, lobbies, walkways — wherever transitory hazards are foreseeable. A timestamped log showing "swept at 3:15 PM, no hazards observed" is the cheapest defense in tort litigation.

Not legal advice. Click through to the official source for statutory text.