When dealing with trip/slip and fall cases, landowners in Florida owe an invitee (someone other than a trespasser) two separate duties: 1.) to maintain the premises in a reasonably safe condition, and 2.) to give warning of concealed perils. Landowners often attempt to avoid the second duty when the condition which caused the injury was known or obvious to the injured party. The courts refer to this defense as the “open and obvious” doctrine. Recently, the Fourth District Court of Appeal dealt with a case regarding trip/slip and fall and the “open and obvious” doctrine.
In Paulette De Cruz-Haymer v. Festival Food Market, Inc.,D11-3580, 2013 WL 3811777 (Fla. Dist. Ct. App. July 24, 2013), the Fourth District Court of Appeal found that where the injured party tripped on a mat at a grocery store, knowing that the mat was not lying flat and was slightly “humped,” the trial court was not wrong to grant summary judgment (legal jargon for throwing out the case) on the issue of whether the mat was an “open and obvious” condition.
The twist in this case, however, stemmed from the fact that the trial court failed to realize that the defendant also owed the plaintiff a separate duty to maintain the premises in a reasonably safe condition. Because an employee laid the mat down in a negligent manner (leaving the mat slightly “humped” and not lying flat) and because the grocery store had only one entrance and exit, the Fourth District felt that the grocery store’s conduct created the following issue for a jury to determine: should the grocery store have expected the likelihood a patron tripping over the mat when their employee didn’t ensure that the mat was flush and flat on the ground and the grocery store only had one exist, forcing all patrons to walk on the mat. In other words, did the grocery store breach their duty to the patron to maintain the premises in a reasonably safe condition?
If you have been injured in a slip/trip and fall, contact The Pansler Law Firm today and tell us what happened. We will be delighted to review your case and explain your options during our free consultation.
Written by Christopher Ison, Esq.
The Pansler Law Firm
223 North Florida Ave
Lakeland, FL 33801
863.683.7500
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