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Skipper v. Barnes Supermarket
Citations: 573 So. 2d 411; 1991 Fla. App. LEXIS 489; 1991 WL 7122Docket: 90-1334
Court: District Court of Appeal of Florida; January 22, 1991; Florida; State Appellate Court
Virginia Skipper appealed the summary judgment granted to Barnes Supermarket in her negligence case, stemming from a slip and fall incident on September 26, 1988. Skipper alleged that she fell due to food, specifically spaghetti, left on the floor, which Barnes was negligent in failing to remove. The supermarket's sweeplog indicated the last cleaning was done between 7:00 and 7:15 p.m., despite the store manager stating the last sweep should occur at 8:00 p.m. Skipper arrived shortly after 8:00 p.m. and fell after stepping in spaghetti, which she described as widespread on the floor. Her daughter-in-law and a security guard confirmed the presence of the spaghetti and noted that it appeared to have been walked on before Skipper's fall. The trial court ruled that Skipper did not demonstrate that Barnes had actual or constructive notice of the spaghetti's presence at the time of the incident. The appellate court reversed the summary judgment, emphasizing that all reasonable inferences must be drawn in favor of the non-moving party in summary judgment motions, and that summary judgment is inappropriate if the evidence allows for differing reasonable interpretations. A premises possessor has a legal obligation to ensure that the property is safe for invitees. This duty comprises two key aspects: (1) maintaining the premises in a safe condition, which includes identifying dangerous conditions, and (2) warning invitees of concealed hazards known to the landowner but not to the invitee. A failure to conduct reasonable inspections can breach this duty. For a slip and fall claim to succeed, the plaintiff must demonstrate that the possessor had either actual or constructive notice of the hazardous condition. Constructive notice can be established if the dangerous condition existed long enough that the possessor should have known about it, or if it was a foreseeable occurrence. Indicators of constructive notice include signs of wear or disturbance, such as thawing debris or footprints. In this case, evidence suggested that Barnes Supermarket had constructive notice of a hazardous condition due to the state of spilled spaghetti on the floor, implying it had been there long enough that the supermarket should have been aware of it. Therefore, the previous summary judgment favoring Barnes Supermarket is reversed and remanded for further proceedings.