I Slipped on Water Leaking From a Grocery Store Produce Display. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
Water from a produce display can raise negligence questions that go beyond simply asking how long the water was on the floor. If evidence shows that the store or its employee created the condition, the source of the water can be central to the analysis.
From a Case I Handled
I handled a matter involving a customer who slipped on water associated with a grocery-store vegetable display. The investigation concerned evidence that an employee watering the produce had failed to replace a plug in the display, allowing water to reach the customer walking area.
What I Look For
In a matter like this, I would investigate: source of the water; surveillance; employee testimony; produce-watering procedures; inspection records; maintenance history; photographs; prior similar leaks; incident reports.
What This Case Teaches About Negligence
Identifying who or what created the dangerous condition can be as important as determining how long it existed.
When an employee's own action creates the hazard — rather than a customer spill — the notice analysis changes significantly. The store may not be able to argue it lacked knowledge of a condition its own employee created.
Applicable Florida Law
Under Florida Statute § 768.0755, a plaintiff must prove the business establishment had actual or constructive knowledge of the dangerous condition. When an employee creates the condition, actual knowledge may be established more directly. Florida courts have recognized that employee-created hazards present a distinct analysis from third-party spills. See also Fla. Stat. § 768.81 (comparative fault).
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
Does it matter if an employee created the spill vs. a customer?
Yes. Under Florida Statute § 768.0755, when an employee creates the dangerous condition, the business may have actual knowledge of the hazard, which is a stronger basis for liability than constructive notice from a customer-created spill.
What is the most important evidence in a produce display leak case?
Surveillance footage showing the employee's actions, produce-watering procedures and training records, maintenance history of the display, and incident reports are typically the most critical evidence.
How long do I have to file a slip and fall claim in Florida?
Under Florida Statute § 95.11(3)(a), most personal injury claims must be filed within two years of the injury. Contact an attorney promptly to preserve your rights and critical evidence.
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