Civil Litigation
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Silvers v. Wal-Mart Stores, Inc.
27 Fla. L. Weekly D2120 (Fla. 4th DCA October 4, 2002)
The Florida legislature passed section 768.0710, Florida Statutes (2002), in response to Owens v. Publix Supermarkets, Inc., in order to address the burden of proof in slip-and-fall cases, however an issue remains as to whether the case should be applied retrospectively. The general rule is that statutes do not operate retrospectively absent clear legislative intent to the contrary, however the Florida Supreme Court has stated that it will not apply statutes retrospectively, regardless of legislative intent, if the statute impairs vested rights, creates new obligations, or imposes new penalties.
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