According to Florida case law, there is no duty to warn or give notice of a dangerous condition to persons who are possessed with knowledge of a dangerous condition:
The negligence alleged in this case is the failure to provide a fence, barrier, lights or other warning to the appellants. But there is not duty to warn or give notice of a dangerous condition to persons already possessed of knowledge of such dangerous condition. A lack of knowledge on the part of the appellants of the dangerous condition (if one existed) is an essential element in establishing the duty to give notice or warning. The complaint in this case does not allege such lack of knowledge. The complaint, therefore, does not allege a state of facts giving rise to the duty, the failure to perform which is the charge of negligence against the appellees.
In this connection it is significant that the pleader was at great care to allege knowledge of the dangerous condition by Adams Realty Company, and that it was known or should have been known by the Graves, and that appellants did not know the location of the boundary between the two parcels of land, but, as stated does not allege that appellants did not know of the existence or location of the sunken driveway. It is also significant that the brief of the appellant admits, although the pleadings do not disclose, that the plaintiffs arrived at the premises during daylight hours when the driveway would have been obvious upon the most casual observation.
See: Margrabe v. Graves – 97 So.2d 498
Related:
- Duty to Warn of Dangerous Conditions in Florida
- Proving Your Florida Parking Lot Slip, Trip and Fall Claim
- Hotel Slip and Fall Law in Florida
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