VIVIAN BERMAN, APPELLANT,
v.
WEBERMAN CATERERS, INC. A FLORIDA CORPORATION, APPELLEE
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Reversed summary judgment for caterer where genuine issue of material fact existed regarding whether dance floor with missing parquet wood strip was maintained in reasonably safe condition for business invitee.
An owner or possessor of land owes a business invitee a duty to maintain premises in reasonably safe condition, and summary judgment was improper where defendant admitted periodic need to replace parquet squares, creating factual dispute about safety.
[1] An owner or possessor of land owes a business invitee a duty to maintain the premises in a reasonably safe condition and to warn of concealed dangers of which the owner i…
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Join FLexlaw to unlock all legal intelligence“An owner or possessor of land owes a business invitee two duties: 1. to warn of concealed dangers of which the owner or possessor is or, through the exercise of due care, should be aware of but which an invitee can not uncover through the use of due care, and 2. to maintain the premises in a reasonably safe condition.”
Statement of the legal standard for premises liability owed to business invitees.
Berman attended a party at Weberman's banquet facility and her high heel shoe became caught in a hole in the dance floor caused by a missing strip of …
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PER CURIAM.
Appellant seeks review of an adverse summary judgment. Berman attended a party at a banquet facility operated by Weberman. While dancing, Berman’s high heel shoe became caught in a hole in the dance floor. The dance floor surface was made of parquet wood and one strip of wood was missing from one of the parquet squares. Berman brought suit against Weberman alleging that Weberman had a duty to maintain the premises; that Berman had tripped and fallen because of the dangerous condition of the dance floor; and, that Weberman knew or should have known of the dangerous condition of the dance floor. During discovery Weberman admitted that from time to time it had to replace some of the parquet squares on the dance floor. The trial court entered summary judgment for the defendant. We reverse.
An owner or possessor of land owes a business invitee two duties: 1. to warn of concealed dangers of which the owner or possessor is or, through the exercise of due care, should be aware of but which an invitee can not uncover through the use of due care, and 2. to maintain the premises in a reasonably safe condition. See and compare Levy v. Home Depot, 518 So. 2d 941 (Fla. 3d DCA 1988). In light of Weberman’s admission that from time to time it had to replace parquet squares on the dance floor we hold that there was a genuine issue of material fact as to whether Weberman provided a facility which was reasonably safe for its intended purposes. See and compare Kitsopoulos v. Mathers Bridge Restaurant, Inc., 627 So. 2d 68 (Fla. 5th DCA 1993).
Summary judgment reversed.
Reversed.
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Noraida N. Barrio v. City OF Miami Beach, 698 So. 2d 1241 (Fla. 3d DCA 1997)…, 665 So. 2d 268, 269 (Fla. 3d DCA 1995) (operator of hotel owed non-delegable duty to provide its invitee with reasonable protection against third party criminal attacks), review denied, 675 So. 2d 121 (Fla.1996); Berman v. Weberman Caterers, Inc., 647 So. 2d 1068 (Fla. 3d DCA 1994) (reversing summary judgment in favor of landowner and in favor of business invitee); Hill v. City of North Miami Beach, 613 So. 2d 1356, 1357 (Fla. 3d DCA 1993) (reversing summary judgment in favor of City and against victim who w…
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Darlynn P. Everett and Norman Everett v. Rest. & Catering Corp., 738 So. 2d 1015 (Fla. 2d DCA 1999)…ulted in Mrs. Everett’s injuries and the loss of consortium to Mr. Everett. An owner/operator owes a business invitee the duty to use reasonable care in maintaining the premises in a reasonably safe condition. See Berman v. Weberman Caterers, Inc., 647 So. 2d 1068 (Fla. 3d DCA 1994); Emmons v. Baptist Hosp., 478 So. 2d 440, 442 (Fla. 1st DCA 1985). The Everetts’ testimony showed that the restaurant directed and controlled the placement of the menu board on the ledge, the location of the tables, and the seatin…
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Smith v. Dade Co./Seaport Dept., 785 So. 2d 1250 (Fla. 3d DCA 2001)…the owner or possessor is or, through the exercise of due care, should be aware of but which an invitee can not uncover through the use of due care, and 2) to maintain the premises in a reasonably safe condition.” Berman v. Weberman Caterers, Inc., 647 So. 2d 1068 (Fla. 3d DCA 1994). Reversed and remanded for further proceedings.…
Authorities Cited
- Levy v. Home Depot, Inc., 518 So. 2d 941 (Fla. 3d DCA 1987)
- Kitsopoulos v. Mathers Bridge Rest., Inc., 627 So. 2d 68 (Fla. 5th DCA 1993)