In Donald Arby Van Dorsten, Jr. v. Wal-Mart Stores East, LP, No. 25-10108 (11th Cir. October 21, 2025) the Eleventh Circuit reversed the entry of summary judgment in favor of Walmart in a slip and fall case. Here, the plaintiff claimed that the liquid on which he fell was present long enough to provide constructive notice, relying upon certain security camera footage that showed a young child above the spot “holding something” several minutes before the fall.
The 11th Circuit noted that 7 minutes would not be enough under Florida law to provide constructive notice, but it still reversed the summary judgment because the trial court seemingly drew inferences in favor of Walmart instead of the plaintiff.