Premises Liability Reform: SB 1946 (2002)

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Reversed the Florida Supreme Court’s Nov. 15, 2001 ruling in


Reversed the Florida Supreme Court’s Nov. 15, 2001 ruling in Owens v. Publix, which shifted the burden of proof to the defendant. Owens requires defendants to demonstrate that: (1) they had no actual or constructive knowledge of a hazard that would have allowed a responsible defendant to remedy that hazard and prevent injury; or (2) a pattern of neglect did not exist.

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