Articles Posted in landowner liability

The open and obvious doctrine, as applied in Florida premises liability cases, has become a vexatious legal doctrine that is too often used to support summary judgment despite longstanding case law holding that the obvious nature of a hazard does not necessarily discharge a landowner’s duty to maintain reasonably safe premises. That is precisely what…

In Florida, owners and occupiers of property owe a duty to invitees—such as shoppers at a mall or residents of a condominium—to warn of latent or concealed dangers that they knew about or should have known about. Krol v. City of Orlando, 778 So. 2d 492 (Fla. 5th DCA 2001). However, not all hazardous conditions…

Owners and occupiers of premises have a duty to warn invitees (e.g., shoppers in mall, residents of condominium) of latent or concealed perils of which they know or should know. Krol v. City of Orlando, 778 So. 2d 492 (Fla. 5th DCA 2001). Conditions such as uneven floor levels and sidewalk curbs have been found…