A Clean Win on a Dirty Wipe

This premises liability case arose from an alleged slip and fall on a dry sanitary wipe in the greeting card aisle of a retail store. The wipe was one provided by the store for customers to sanitize shopping carts. The plaintiff claimed significant injuries to her neck, back, and right knee, ultimately undergoing cervical spine surgery, lumbar decompression, a knee arthroscopy, and a second lumbar procedure. Her boardable past medical expenses exceeded $395,000, with more than $580,000 in recommended future care.

The plaintiff argued the store had constructive notice of the dangerous condition, pointing to employee testimony that sanitizing wipe usage had doubled to 1,500 per day during the COVID-19 pandemic, that wipes fell onto the floor daily, and that the wipe she slipped on was dry with a footprint on it, suggesting it had been on the floor long enough to charge the store with notice.

Through cross-examination, the defense established that the plaintiff had a significant pre-incident medical history, including multiple falls requiring hospital visits in the year before the incident. None of the plaintiff’s treating physicians were aware of the full extent of this history.

In arguing for a directed verdict, the defense cited Florida’s Transitory Foreign Substance Statute, § 768.0755, Fla. Stat., demonstrating that no testimony established how the wipe got onto the floor, how long it had been there, or that it was not already dry when it fell. Store employees confirmed they were unaware of wipes falling in the greeting card aisle and that no prior slip incidents involving cart wipes had occurred.

After review, the Court granted the Motion for Directed Verdict as to negligence.

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