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SARAH BENSALAH v. WHOLE FOODS MARKET GROUP, INC.
21-0758
| Fla. Dist. Ct. App. | May 11, 2022
|
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*1 Before LOGUE, LINDSEY, and LOBREE, JJ.

PER CURIAM.

Affirmed. § 768.0755, Fla. Stat. (2016); Encarnacion v. Lifemark Hosps. of Fla., 211 So. 3d 275, 278 (Fla. 3d DCA 2017) (“[W]here a business *2 invitee slips and falls on a ‘transitory substance’ in a business establishment as occurred here, proof of the breach element of the claim against an owner of the establishment is statutorily constrained by section 768.0755 of the Florida Statutes (2013).”); Pembroke Lakes Mall Ltd. v. McGruder, 137 So. 3d 418, 426 (Fla. 4th DCA 2014) (“Under the 2002 statute, a plaintiff could succeed in a slip and fall case by showing ‘the business premises acted negligently by failing to exercise reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises,’ without showing the business had actual or constructive knowledge of the transitory foreign substance. Under the 2010 statute, however, the same plaintiff would be unable to successfully assert such a cause of action, no matter how persuasive or compelling the evidence the plaintiff had in support of the claim.”).

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Case Details

Case Name: SARAH BENSALAH v. WHOLE FOODS MARKET GROUP, INC.
Court Name: District Court of Appeal of Florida
Date Published: May 11, 2022
Docket Number: 21-0758
Court Abbreviation: Fla. Dist. Ct. App.
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