While landowners in Florida have a responsibility to maintain their property in a safe condition or warn of nonobvious dangers, this duty may not apply if you are walking someplace on the property you are not supposed to be, such as landscaped areas, when other options are available.
In a recent case, a man went to the store Sam’s Club to buy something. He parked in their parking lot, which was landscaped with dirt, trees and grass that was not bounded with curbs. It had walkways that permitted people to walk from one landscaped area to the next without stepping onto the landscaped area. No signs told people to use these walkways.
The man left his car and tried to move through the landscaped area towards the store entrance. He knew there were walkways, but he chose to walk through the landscaping because it presented a shorter distance from the car to the entrance. His foot caught on a tree root and the man fell on a parking stop. He had to be taken to the hospital.