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

Common Elements summary — Section 768.0710 is the older codification of the transitory-foreign-substance proof rule, partially superseded by 768.0755 in 2010 but still referenced in case law for premises that fall outside the 768.0755 "business establishment" framing. For most HOA and COA common areas the operative section today is 768.0755, but courts continue to look to 768.0710 for premises that are not clearly business establishments (a private pool deck used only by residents, for example). For boards the takeaway is the same as under 768.0755: the plaintiff carries the burden to prove notice. Keep your inspection logs.

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