Publix Super Markets, Inc. v. Safonte
A customer's yogurt container fell from his shopping cart and another shopper slipped on the spill about two minutes later; the jury apportioned 40% fault to Publix and 60% to the customer as a Fabre defendant, and the trial court held Publix jointly and severally liable under the non-delegable duty doctrine. The Fourth DCA reversed, holding the evidence was insufficient under section 768.0755 to show actual or constructive knowledge (two minutes and a faint sound behind a stocking employee were not enough), and that the non-delegable duty doctrine did not make Publix liable for the negligence of a mere customer/invitee it never hired or retained to maintain the premises.
Key facts
- Customer's yogurt container fell from shopping cart onto floor; another shopper slipped on the spill approximately two minutes later.
- Jury apportioned 40% fault to Publix and 60% to the customer; trial court imposed joint and several liability on Publix under the non-delegable duty doctrine.
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Why it matters
This is a useful defense-side decision drawing a clear line around the non-delegable duty doctrine: plaintiffs cannot bootstrap a Fabre defendant's fault into joint and several liability for the premises owner unless… — full analysis with a trial
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