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According to Florida law, in a premises liability case, a business owner or landowner has a duty to warn when their knowledge of the danger is superior to that of the injured party:

Looking at the second theory first, it is clear that there was no concealed peril requiring the giving of a warning to the plaintiff. Notwithstanding the existence of danger in the plaintiff’s walking on the tiled hallway floor without first wiping the moisture from her shoes on the mat outside the door, the plaintiff’s knowledge of such hazard was equal to that of the defendants. A prerequisite to the imposition upon the landowner of a duty to warn is that the defendant’s knowledge of the danger must be superior to that of the business invitee. Vermont Mutual Insurance Company v. Conway, 358 So.2d 123 (Fla. 1st DCA 1978); Ball v. Ates, 369 So.2d 1023 (Fla. 1st DCA 1979); Hunt v. Slippery Dip of Jacksonville, Inc., 453 So.2d 139 (Fla. 1st DCA 1984).

See: Emmons v. Baptist Hosp. – 478 So.2d 440


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