Florida landowners generally have a duty to make sure that their property is safe to those whom they invite onto their property. If a landowner, including a business or government entity, fails to maintain their property, and someone is injured as a result, the injured party may be able to recover compensation for their injuries through a Florida premises liability lawsuit.
There is an exception to this general rule, however, and that lies within the Florida recreational use statute, F.S. 375-251. The statute provides immunity from liability to certain landowners who open up their land for the public’s general use. In order to qualify for this immunity, a landowner must not charge a fee for the use of the land. A recent Florida appellate opinion discusses the applicability of a recreational use statute to a rollerblade injury case, finding that the plaintiff was prevented from bringing a lawsuit against the government entity he claimed was responsible for his injuries.
The Facts of the Case
The plaintiff was rollerblading on the street in Delray Beach when he encountered a pothole. Unable to maintain his balance as he hit the pothole, the plaintiff fell to the ground, resulting in serious injuries. The plaintiff filed a premises liability lawsuit against the City of Delray Beach. The plaintiff admitted that it was against the law to rollerblade in the street but nonetheless argued that the city was negligent in maintaining the roadway and letting a pothole develop.