Generally, business owners can be held liable for harm caused by dangerous conditions encountered on their property. There are some exceptions, though, such as when a hazard presents a blatant danger. In a recent Florida ruling, a court explained a property owner’s duties in the context of open and obvious conditions. If you suffered injuries in a fall on another person’s property, it is smart to meet with a Florida personal injury lawyer to discuss what evidence you may need to establish liability.
The Facts of the Case
It is reported that the plaintiff visited the defendant’s boathouse to have his boat serviced. He went to the dock to board the boat and stepped on the sea wall. Unfortunately, he stepped on a divot, which caused his foot to go out from beneath him. He subsequently fell and suffered injuries. He then filed a lawsuit against the defendant, alleging its negligent failure to remedy the defects in the sea wall led to his harm. The defendant moved for dismissal via summary judgment, and the court granted the defendant’s motion, but the plaintiff appealed. On appeal, the trial court ruling was reversed.
Liability for Harm Caused by Open and Obvious Conditions
On appeal, the main question was whether the defendant was liable for the plaintiff’s harm when the condition that caused his injury was open and obvious. The court explained that typically, a business owner has no duty to protect a customer entering their property from dangers that are known to them or are so apparent and obvious that they may be reasonably anticipated to discover them. Continue reading ›