Premises Liability Reform: SB 1946 (2002)

Florida

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.

Share This Post:
The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

To receive occasional updates from ATRA, enter your email address:
By subscribing, you agree to our Privacy Policy and consent to receive updates.
© 2025 ATRA. All rights reserved.