RENATA FIORI, APPELLANT,
v.
J. DAVID MCFADDEN AND PENNY MCFADDEN, HIS WIFE, AND STATE FARM FIRE AND CASUALTY COMPANY, APPELLEES

Fla. 5th DCA | 1981-10-07
No. 80-1133
DAUKSCH, C. J., concurs., SHARP, J., dissents without opinion.
405 So. 2d 737 Florida District Court of Appeal, Fifth District (1981)

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.

Synopsis

In this slip and fall case, the Florida appellate court reversed summary judgment against a mother who sued her daughter and son-in-law for injuries sustained from falling on a throw rug in their home. The court held that even if the property owners had no duty to warn the plaintiff, they retained a duty to maintain the premises in a reasonably safe condition, which is a fact question for the jury.


Holding

The trial court erred in granting summary judgment because even if the duty to warn was discharged (due to equal knowledge), the duty to maintain the premises in a reasonably safe condition by correcting known dangers remains, and this duty is a jury question. Additionally, the family immunity doctrine does not apply because it has not been extended beyond nuclear family members.


Headnotes

[1] A landowner's duty to warn an invitee of a dangerous condition does not arise if the invitee's knowledge of the condition is equal to or superior to the landowner's knowl…

[2] A landowner's duty to maintain premises in a reasonably safe condition by correcting dangers of which the occupier has actual or constructive notice remains even if the d…

Previewing 2 of 4 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

Key Quotes

“while the duty to warn does not arise if the knowledge of the invitee is equal to or superior to that of the landowner, the discharge of the duty to warn does not discharge the duty to maintain the premises in a reasonably safe condition by correcting dangers of which the occupier has actual or constructive notice”

Establishes the key legal principle that distinguishes between the duty to warn and the duty to maintain premises, which are separate obligations

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Appellant (a mother) was staying at her daughter's home on an extended visit when she slipped and fell on a throw rug placed on a terrazzo tile kitche…

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.


Opinion of the Court
ORFINGER, Judge.

ORFINGER, Judge.

The issue on appeal is whether the trial court erred in entering a summary final judgment in favor of appellees in this slip and fall case.

Appellant (plaintiff below) is the mother of appellee Penny McFadden and was staying at the home of her daughter and son-in-law on an extended visit when she slipped and fell on a throw rug placed on a terrazzo tile kitchen floor in the McFadden home. Alleging that the property owners negligently maintained a dangerous condition in their home of which they were or should have been aware, and that they negligently failed to warn her of that dangerous condition of which she was not aware, appellant filed suit for the injuries which she says she suffered as a direct result of the fall.

Appellee supports the summary final judgment by saying that the record is clear that the property owners had no duty to warn appellant of the condition of the premises because their knowledge was not shown to be superior to hers. In Pittman v. Volusia County, 380 So. 2d 1192 (Fla. 5th DCA 1980), this court pointed out that while the duty to warn does not arise if the knowledge of the invitee is equal to or superior to that of the landowner, the discharge of the duty to warn does not discharge the duty to maintain the premises in a reasonably safe condition by correcting dangers of which the occupier has actual or constructive notice. While the duty to warn may have been discharged, there still remains the discharge of the duty to maintain the premises as an issue to be resolved by a jury. Jackson v. Williams, 385 So. 2d 190 (Fla. 5th DCA 1980). See also Squitieri v. Aetna Casualty & Surety Company, 382 So. 2d 730 (Fla. 5th DCA 1980).

Appellee asserts also that the family immunity doctrine espoused in Orefice v. Albert, 237 So. 2d 142 (Fla.1970) and its progeny also supports the summary judgment, but appellee offers no authority to substantiate that position. Here, the suit is by a mother against her married daughter and the daughter’s husband, both of whom the mother was visiting. The family immunity doctrine has not been extended beyond members of the nuclear1 family.

The summary final judgment is reversed and the cause is remanded to the trial court for further proceedings consistent herewith.

REVERSED and REMANDED.

DAUKSCH, C. J., concurs.

SHARP, J., dissents without opinion.

. Nuclear family: a self-contained family unit consisting of a mother and father and their children. The American Heritage Dictionary of the English Language (1979).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw