MARY ABARCA
v.
BASS PRO OUTDOOR WORLD, LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A premises owner owes no duty to warn an invitee of an open and obvious condition when the owner's knowledge of the condition is not superior to that of the invitee.
[1] A premises owner owes no duty to warn an invitee of a condition on the premises when the condition is open and obvious and the owner's knowledge of the condition is not s…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it is 'well settled that the proprietor has a right to assume that the invitee will perceive that which would be obvious to him upon the ordinary use of his own senses'”
Earley v. Morrison Cafeteria Co. of Orlando, 61 So. 2d 477, 478 (Fla. 1952)
Mary Abarca brought an action against Bass Pro Outdoor World, LLC arising from an incident on the defendant's premises in Miami-Dade County.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Violation Of Statute cases and more on FLexlaw
Wilson Elser Moskowitz Edelman & Dicker LLP, and Russell M. Pfeifer and Monika Ledlova, for appellee. Before EMAS, LINDSEY and LOBREE, JJ.
PER CURIAM.
Affirmed. See Earley v. Morrison Cafeteria Co. of Orlando, 61 So. 2d
477, 478 (Fla. 1952) (stating that it is “well settled that the proprietor has a right to assume that the invitee will perceive that which would be obvious to him upon the ordinary use of his own senses”); Brookie v. Winn-Dixie Stores,
Inc., 213 So. 3d 1129, 1133 (Fla. 1st DCA 2017) (holding that trial court properly entered summary judgment in favor of premises owner where empty pallet located by store’s exit on which plaintiff tripped and fell “was open and obvious and not inherently dangerous” and previously observed by plaintiff);
Smith v. Westdale Asset Mgmt., Ltd., 353 So. 3d 108, 111 (Fla. 1st DCA
2022) (“Generally, a business owes no duty to warn an invitee of an open and obvious condition when the business’s ‘knowledge’ of the condition is not superior to that of the invitee.”); TruGreen Landcare, LLC v. LaCapra,
254 So. 3d 628, 631 (Fla. 5th DCA 2018) (“[S]ome conditions are considered so obvious and not inherently dangerous that they do not, as a matter of law,
support liability for the breach of the duty to maintain the premises in a reasonably safe condition.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (46 total)
-
Bowles v. Elkes Pontiac Co., 63 So. 2d 769 (Fla. 1952)
-
City of Jacksonville v. Stokes, 74 So. 2d 278 (Fla. 1954)
-
Isenberg v. Ortona Park Recreational Ctr., Inc., 160 So. 2d 132 (Fla. 1st DCA 1964)
Previewing 3 of 46 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brookie v. Winn-Dixie Stores, Inc., 213 So. 3d 1129 (Fla. 1st DCA 2017)
- Trugreen Landcare, LLC v. Lacapra, 254 So. 3d 628 (Fla. 5th DCA 2018)