AARON J. MOSS
v.
MICHAELS MANAGEMENT- AFFORDABLE LLC, ET AL
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A property owner has no duty to warn or guard against the harmful acts of a third party unless that third party's harmful behavior is reasonably foreseeable based on the owner's knowledge of prior similar conduct. A property owner is not an insurer of invitees' safety and is not required to take precautions against sudden, unanticipated attacks.
[1] A property owner is not an insurer of the safety of invitees and is not required to take precautions against sudden, unanticipated attacks from third parties when the own…
[2] A property owner's duty to warn or guard against harmful acts of a third party arises only when that third party's harmful behavior is reasonably foreseeable based on the…
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“Foreseeability, as it bears on duty, arises from a landowner's knowledge of prior similar conduct, not from the unforeseeable, isolated act of a particular assailant.”
Court's statement of the controlling law on foreseeability in premises liability cases
Aaron J. Moss appealed a judgment in his favor regarding claims against Persaud USA Property Holdings, LLC and related entities concerning injuries al…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT AARON J. MOSS, Appellant, V. PERSAUD USA PROPERTY HOLDINGS, LLC, Appellee. No. 4D2025-0115 [April 1, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carlos Augusto Rodriguez, Judge; L.T. Case Nos. CACE22-014020; CACE23-012721.
David Hirsch of Broward's Hirsch and Associates, Davie, for appellant.
Lissette Gonzalez of Cole, Scott & Kissane, P.A., Miami, for appellee.
PER CURIAM.
Affirmed. See Relyea v. State, 385 So. 2d 1378, 1382–83 (Fla. 4th DCA 1980) (“[A] landowner is not an insurer of the safety of his invitees and is not required to take precautions against a sudden attack from a third person which he has no reason to anticipate.”), disapproved of on other grounds by Avallone v. Bd. of Cnty. Comm'rs of Citrus Cnty., 493 So. 2d 1002 (Fla. 1986); Varone v. Publix Super Markets, Inc., 51 Fla. L. Weekly D490a (Fla. 4th DCA Mar. 18, 2026) (“We hold that Relyea remains good law . . . Foreseeability, as it bears on duty, arises from a landowner's knowledge of prior similar conduct, not from the unforeseeable, isolated act of a particular assailant.”); Las Olas Holding Co. v. Demella, 228 So. 3d 97, 103 (Fla. 4th DCA 2017) (“[A] property owner ‘is ordinarily under no duty to exercise any care to warn or guard against the harmful acts of a third party unless that third party's harmful behavior is reasonably foreseeable.’” (quoting Leitch v. City of Delray Beach, 41 So. 3d 411, 412 (Fla. 4th DCA 2010))); Bryan v. Galley Maid Marine Prods., Inc., 287 So. 3d 1281, 1286 (Fla. 4th DCA 2020).
LEVINE, FORST and SHEPHERD, JJ., concur. * * * Not final until disposition of timely-filed motion for rehearing. 2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Relyea v. State, 385 So. 2d 1378 (Fla. 4th DCA 1980)
- Leitch v. City OF Delray Beach, 41 So. 3d 411 (Fla. 4th DCA 2010)