Florida premises liability laws require all landowners take certain precautions to ensure that their property is safe. The extent of a landowner’s duty significantly depends on the relationship between the landowner and their guest. Guests who are on a landowner’s property for business reasons are referred to as invitees, and enjoy the highest duty of care. Restaurant patrons fit within this category.
Among the issues that come up in South Florida slip and fall cases is that of the plaintiff’s knowledge of the hazard that caused their fall. Defendants often argue that plaintiffs should not be allowed to hold them responsible for risks that the plaintiff should have been able to avoid. Thus, a plaintiff may have a difficult time recovering for their injuries if the defendant can show that the hazard was “open and obvious.” A recent case illustrates this concept.
According to the court’s opinion, the plaintiff visited the defendant restaurant for lunch with a friend. Upon arriving, the plaintiff ascended a set of concrete stairs which contained several small landings. There were handrails along each of the stairs, but not along each of the landings. The plaintiff made it up the stairs without issue. However, after lunch, the plaintiff tripped and fell on the last step. Apparently, the plaintiff thought he was at the bottom of the stairs when, in reality, there was one more step. The plaintiff tripped and was seriously injured.