Property owners have a responsibility to ensure that property under their control is in safe conditions and free from hazards that could cause injury to those to who visit the premises. If you or a person you know has sustained an injury in a slip and fall mishap on another’s property, you could be eligible to recover monetary damages. At the Law Offices of Robert Dixon, our seasoned Miami premises liability lawyers are committed to getting clients the compensation they deserve for their harm.
Florida Court Addresses Issue of ‘Open and Obvious” Danger in Recent Case
In a recent premises liability case, the 5th DCA discussed whether a plaintiff’s case should be able to move toward trial even though the hazard instigating her fall was open and obvious. In Middleton v. Don Asher & Associates, a fifteen-year resident of a condominium complex tripped on an uneven sidewalk in the community. She used that path routinely during her time as a resident there. As a result of the fall, the woman suffered serious injuries and sued the condominium association as well as its property manager.
At trial, the condominium association claimed that the uneven sidewalk was an open and obvious danger, which is why the plaintiff was not entitled to compensation for her injuries. The trial court agreed and granted the defendant’s motion for summary judgment, explaining that the uneven sidewalk was, as a matter of law, an open and obvious danger.
The plaintiff appealed the decision. On appeal, the 5th DCA reversed the summary judgment holding that while the condominium association did not have a duty to warn the plaintiff of the uneven sidewalk, there was a duty to repair the hazard. The court explained that the condominium association and property manager should have expected that condominium residents would use the sidewalk and come across the crack, notwithstanding that the condition was obvious. Since there was a factual issue regarding the defendant’s duty to maintain and repair the condition, summary judgment was not appropriate.
The court’s ruling is consistent with Florida law, which requires condominium associations to maintain the common areas of the residential complex. While residents are typically responsible for the interior of their units, the condo association will be responsible for things like the sidewalk, the lobby and other common spaces.
Hiring a Skilled Miami Premises Liability Attorney
Slip and fall accidents can lead to devastating injuries. In the most severe cases, these falls can lead to death. If you or someone close to you has been injured in a slip-and-fall accident on someone else’s property, you may be entitled to compensation for your losses. At the Law Offices of Robert Dixon, our reputable Miami premises liability attorneys are committed to holding negligent property owners accountable for their actions. We proudly represent clients throughout South Florida. To speak to us in more detail about your legal rights and options, please do not delay in calling us at 1-877-499-HURT (4878) or contacting us online.
More Blog Posts:
Florida Supreme Court Clarifies Causation in Medical Malpractice Cases, South Florida Injury Lawyer Blawg, February 14, 2019
Florida Court Applies Open and Obvious Doctrine in Florida Premises Liability Case, South Florida Injury Lawyer Blawg, February 14, 2019
Semi Truck Sideswipes Parked Florida Police Cars, South Florida Injury Lawyer Blawg, February 14, 2019