Civil Litigation
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Markowitz, et al. v. Helen Homes of Kendall Corp.
27 Fla. L. Weekly S724 (Fla. September 6, 2002)
The Court reiterated its holding in Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001), that the negligent mode of operation theory is still viable and recognizes that the duty of care required under negligence law may not only be detecting dangerous conditions and correcting them, but also taking reasonable precautions to reduce, minimize, or eliminate foreseeable risks associated with a specific method of operation.
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