Law360, New York (April 9, 2014, 12:46 PM EDT) -- On Feb. 26, 2014, Florida’s Fourth District Court of Appeal (West Palm Beach) certified a conflict with the Third District Court of Appeal (Miami) regarding whether Florida Statute § 768.0755, which governs premises liability actions against business establishments, applies retroactively.
The statute, enacted in 2010, requires a plaintiff to prove that the business had actual or constructive knowledge of the dangerous condition that caused the plaintiff’s injuries to establish liability against the defendant. In Pembroke Falls Mall Ltd. et al. v. McGruder, the Fourth DCA held that applying the statute retroactively would be unconstitutional. The Third DCA reached the opposite conclusion...
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