RINA GARCIA AND FERNANDO GARCIA, HER HUSBAND, APPELLANTS,
v.
GERONIMO COLLAZO, APPELLEE
RINA GARCIA AND FERNANDO GARCIA, HER HUSBAND, APPELLANTS,
GERONIMO COLLAZO, APPELLEE
758 So. 2d 721
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order granting the defendant landlord final summary judgment. “The open and obvious nature of the hazard does not provide an avenue of relief. ...” Jauma v. City of Hialeah, 758 So. 2d 696, 698 (Fla. 3d DCA 2000). “[Although the open and obvious nature of a hazard may discharge a landowner’s duty to warn, it does not discharge the duty to maintain the property in a reasonably safe condition.” Kersul v. Boca Raton Community Hosp., Inc., 711 So. 2d 234, 234 (Fla. 4th DCA 1998); see Lotto v. Point East Two Condominium Corp., 702 So. 2d 1361 (Fla. 3d DCA 1997).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Aaron v. Palatka Mall, L.L.C., 908 So. 2d 574 (Fla. 5th DCA 2005)…9 (Fla. 4th DCA 2003) ("However, simply because a hazardous condition is open and obvious does not necessarily mean that the owners’ duty to maintain the property in a reasonably safe condition is discharged.”) (citation omitted); Garcia v. Collazo, 758 So. 2d 721 (Fla. 3d DCA 2000); Lotto v. Point E. Two Condo. Corp., Inc., 702 So. 2d 1361 (Fla. 3d DCA 1997); Hancock v. Department of Corr., 585 So. 2d 1068, 1071 (Fla. 1st DCA 1991) ("Hancock is in the position of an invitee, so although his knowledge of the…
Authorities Cited
- Lotto v. Point E. TWO Condo. Corp., Inc., 702 So. 2d 1361 (Fla. 3d DCA 1997)
- Kersul v. Boca Raton Cmty. Hosp., Inc., 711 So. 2d 234 (Fla. 4th DCA 1998)
- Jauma v. The City OF Hialeah, 758 So. 2d 696 (Fla. 3d DCA 2000)