A Soda Spill Was Left on a Mall Floor for About 25 Minutes. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
A spill allegedly remaining on a customer walking surface for an extended period can raise questions about constructive notice and reasonable inspection. The exact evidence — not a stopwatch alone — determines what can be proven.
From a Case I Handled
I handled a matter involving a soda spill on a mall floor that evidence indicated had remained there for approximately 25 minutes before my client fell.
What I Look For
In a matter like this, I would investigate: surveillance timestamps; inspection schedules; employee routes; witness testimony; photographs; incident reports; cleaning logs; the appearance and spread of the liquid.
What This Case Teaches About Negligence
Surveillance can transform a notice dispute by showing when a hazard appeared and what occurred before the fall.
The duration of a spill is one factor in constructive notice, but it must be established through evidence — not assumed. Surveillance footage showing the spill's origin and the absence of employee response is often the most powerful evidence available.
Applicable Florida Law
Florida Statute § 768.0755 requires proof that the business had actual or constructive knowledge of the dangerous condition. Constructive knowledge may be established by showing the condition existed for a sufficient length of time that the business should have discovered it through reasonable inspection. The statute was amended in 2010 to require this specific showing in transitory foreign substance cases.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
How long does a spill need to exist before a store is liable?
Florida Statute § 768.0755 does not specify a minimum time. Courts look at whether the condition existed long enough that the business should have discovered it through reasonable inspection. Surveillance evidence showing the exact duration is far more persuasive than estimates alone.
What is constructive notice in a Florida slip and fall case?
Constructive notice means the dangerous condition existed long enough that the property owner should have discovered and corrected it through reasonable inspection. The plaintiff must prove this under Fla. Stat. § 768.0755.
Does the appearance of the spill matter?
Yes. The condition of the liquid — whether it had dried, spread, or been tracked through — can provide circumstantial evidence about duration. However, surveillance evidence is generally more reliable than appearance alone.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728