According to Florida law, a business establishment has a duty to maintain its premises in a reasonably safe condition, and to warn of any concealed perils:
A landowner owes an invitee a duty to: (1) “use ordinary care in keeping the premises in a reasonably safe condition,” and (2) “give timely warning of latent or concealed perils which are known or should be known by the owner or occupier.” Krol v. City of Orlando, 778 So. 2d 490, 492 (Fla. 5th DCA 2001). To establish a lack of negligence, the landowner must demonstrate that there is no duty owed to the invitee or that it did not breach a duty which is owed. See Smith v. Grove Apartments, LLC, 976 So. 2d 582, 586 (Fla. 3d DCA 2007).
In the summary judgment motion, Appellee’s defense rested primarily on the open and obvious danger doctrine. However, this doctrine does not completely discharge the property owner’s duty to maintain the premises in a reasonably safe condition. See Trainor v. PNC Bank, N.A., 211 So. 3d 366, 368 (Fla. 5th DCA 2017). Furthermore, when an injured party alleges a breach of the duty to maintain the premises in a reasonably safe condition, factual issues frequently exist “as to whether the condition was dangerous and whether the owner or possessor should have anticipated that the dangerous condition would cause injury despite the fact it was open and obvious.” Aaron v. Palatka Mall, L.L.C., 908 So. 2d 574, 578 (Fla. 5th DCA 2005); see also Burton v. MDC PGA Plaza Corp., 78 So. 3d 732 (Fla. 4th DCA 2012).
See: Parker V. Shelmar Property Owner’s Association, Inc., 274 So. 3d 1219
Related:
- Florida Premises Liability Law (2024 Guide)
- Proving Your Florida Parking Lot Slip, Trip & Fall in 2024
- Slip and Fall Claims in Florida
_______________
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.
