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Florida Fourth DCA rules in premises liability slip and fall case that trial court erred by giving Florida Standard Jury instruction (Civil) 401.20(a) without any modification or revision reflecting current slip and fall liability law

On December 22, 2021, in Fuentes v. Garcia, No. 4D20-1346, the Florida Fourth DCA reversed a judgment for the plaintiff in a slip and fall premises liability case, finding that the trial court erred in providing Florida Standard Jury instruction (Civil) 401.20(a) without any modification or revision reflecting current slip and fall liability law. The Fourth DCA noted that the Instruction given by the trial court was based on Fla. Stat. § 768.0710, which was repealed in 2010 and replaced with § 768.0755, which differs from its predecessor by not allowing for liability based solely on a business establishment’s general failure to maintain the premises. Instead, § 768.0755 requires the plaintiff prove that the business establishment had actual or constructive notice of the dangerous condition before liability may be found.

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