Business Invitee

158 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Somers v. Meyers
  171 So. 2d 598· Fla. 1st DCA· 1965-01-28 ·cited 11×
  This negligence appeal arises from an injury suffered when the plaintiff's raised dump trailer came into contact with an uninsulated high-tension electric power line on the defendants' golf course premises. The court affirmed summary judgment for defendants, holding that the plai
• Feris v. Club Country OF Fort Walton Beach, Inc.
  138 So. 3d 531· Fla. 1st DCA· 2014-04-30 ·cited 10×
  John Feris appeals summary judgment in a slip-and-fall premises liability case against Club Country, a nightclub. The court reversed, holding that Feris presented sufficient circumstantial evidence of the club's negligence and knowledge of a dangerous condition to survive summary
• Haugh v. Jones & Laughlin Steel Corp.
  949 F.2d 914· 7th Cir.· 1991-11-22 ·cited 10×
  The court held that the trial judge erred in granting a directed verdict for the defendant, and that a new trial was warranted due to the marshal's improper communication to the jury.
• Molinares v. EL Centro Gallego, Inc.
  545 So. 2d 387· Fla. 3d DCA· 1989-06-06 ·cited 10×
  A restaurant owner was sued for negligence after a patron was struck by a car entering the premises, with the plaintiff alleging the owner failed to maintain safe ingress and egress.
• Satin et ux. v. Hialeah Race Course, Inc.
  65 So. 2d 475· Fla.· 1953-05-15 ·cited 10×
  Mrs. Satin was injured after gaining unauthorized entry to the Hialeah Race Course grounds using a press pass obtained through her husband. The Florida Supreme Court held that she was a trespasser, not a business invitee, because the press pass was a personal, restricted license
• Tallent v. Pilot Travel Ctrs., LLC
  137 So. 3d 616· Fla. 2d DCA· 2014-05-07 ·cited 9×
  A material issue of fact remained regarding whether the service station premises were maintained in a reasonably safe condition, precluding summary judgment.
• Satchwell v. LaQUINTA Motor Inns, Inc.
  532 So. 2d 1348· Fla. 1st DCA· 1988-11-02 ·cited 9×
  A motel guest sued for negligence after being attacked and robbed in his room, claiming the motel operator failed to provide adequate security against foreseeable criminal conduct. The trial court directed a verdict for the motel, and the appellate court affirmed, holding that th
• Crinkley v. Holiday Inns, Inc.
  844 F.2d 156· 4th Cir.· 1988-04-07 ·cited 8×
  The court held that the majority's decision improperly extended North Carolina tort law by allowing a jury to speculate on remote causation for damages, particularly concerning a heart attack occurring long after the initial assault and considering the plaintiff's pre-existing co
• Vance and Augusta Williams v. Martin Marietta Alumina, Inc.
  817 F.2d 1030· 3d Cir.· 1987-04-29 ·cited 8×
  The court held that the defendant property owner is not liable for injuries resulting from a danger that was obvious and known to the plaintiff, especially when the plaintiff is an experienced worker who repeatedly encountered the hazard.
• Sears v. Scroggins
  140 F.2d 718· 8th Cir.· 1944-02-18 ·cited 8×
  The court held that there was sufficient evidence to support the jury's verdict that the boxes in the aisle caused the plaintiff's fall, and that the plaintiff was not contributorily negligent as a matter of law.
• Carl v. Daniels, Jr.
  317 F.2d 41· 5th Cir.· 1963-05-08 ·cited 7×
  The court held that the dock owner was not liable under maritime law or Florida negligence law for injuries sustained from a ladder, nor under the unseaworthiness doctrine, as the dock owner was not the vessel's owner or operator and the ladder posed no inherent danger.
• Berman v. Weberman Caterers, Inc.
  647 So. 2d 1068· Fla. 3d DCA· 1994-12-28 ·cited 6×
  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.
• LeMAY v. U. S. H. Props., Inc.
  338 So. 2d 1143· Fla. 2d DCA· 1976-11-10 ·cited 6×
  The court held that the complaint sufficiently alleged facts to state a cause of action for negligence against both the property owner and the architect, as the alleged defect was not obvious and required a warning.
• Associated DRY Goods Corp. v. Wylor D. Drake and Kermit Drake
  394 F.2d 637· 8th Cir.· 1968-05-14 ·cited 6×
  The court held that the evidence was sufficient to support a jury finding of negligence and that the trial court did not err in denying the defendant's motion for a directed verdict or in admitting expert testimony.
• Dunlop v. Reynolds
  204 So. 2d 754· Fla. 2d DCA· 1967-12-08 ·cited 6×
  The court held that the trial court correctly granted summary judgment for the defendants because the plaintiff's injury resulted from her own actions in an area not intended for customers and where her presence was not foreseeable.
• Davis v. Loftin
  75 So. 2d 813· Fla.· 1954-10-29 ·cited 6×
  This case involves a negligence action arising from a construction accident in which Solomon Davis, a city water department worker, was fatally injured when an excavation trench collapsed. The Florida Supreme Court affirmed a directed verdict for the railroad defendant, holding t
• Fredrick v. Dolgencorp, LLC
  304 So. 3d 36· Fla. 2d DCA· 2020-05-27 ·cited 5×
  This case involves a slip and fall at a Dollar General. The appellate court affirmed the dismissal of the claim regarding the store's duty to maintain the premises but reversed the dismissal of the claim regarding the store's duty to warn, finding genuine issues of material fact.
• Garrick v. Publix Super Mkts., Inc.
  798 So. 2d 875· Fla. 4th DCA· 2001-11-07 ·cited 5×
  Two groups of plaintiffs—security employees injured in an armed robbery and their family members—appealed the dismissal of their negligence and premises liability claims against Publix Super Markets and their employer Brinks. The court affirmed the dismissal, holding that plainti
• Hitchcock v. F.S. Disposition, Inc.
  704 So. 2d 1118· Fla. 2d DCA· 1998-01-16 ·cited 5×
  Robert Hitchcock was injured when another customer's vehicle pinned him between two cars at a gas station on a busy Christmas Eve. The appellate court reversed summary judgment for the defendants, holding that material factual issues existed regarding whether the gas station's da
• Gustav Rist v. Northside Ctr., Inc.
  210 So. 2d 483· Fla. 3d DCA· 1968-05-14 ·cited 5×
  Gustav Rist, an employee of a painting contractor, was injured when a windblown power line came into contact with him while working at Northside Center's shopping center. The court reversed the dismissal of Rist's negligence claim against Northside, holding that the complaint sta
• Strohm v. Winn-Dixie Stores, Inc.
  174 So. 2d 441· Fla. 2d DCA· 1965-04-02 ·cited 5×
  A customer was injured when a negligently stacked beer display at a Winn-Dixie store fell on her after another customer removed a carton. The court reversed a summary judgment for the store, holding that the store's negligent stacking could be the proximate cause of injury even t
• Publix Super Mkts., Inc. v. Heiser
  156 So. 2d 540· Fla. 2d DCA· 1963-09-11 ·cited 5×
  Publix Super Markets appealed judgments in a personal injury case brought by Charles and Inez Heiser, who were injured when Mrs. Heiser slipped and fell on a broken jar of mayonnaise in Publix's store. The appellate court reversed, holding that the brief time interval between whe
• City of Naples v. Chops City Grill, Inc.
  331 So. 3d 291· Fla. 2d DCA· 2021-12-29 ·cited 4×
  The appellate court reversed a summary judgment granted to a restaurant in a negligence case. The court found the restaurant failed to prove it had no duty of care regarding a sidewalk where a patron fell, as control over the premises, not just ownership, determines duty.
• Coleman v. Ramada Hotel Operating Co.
  933 F.2d 470· 7th Cir.· 1991-05-20 ·cited 4×
  The court held that a plaintiff's voluntary participation in an obviously risky activity, even if part of a company picnic, bars recovery under the doctrine of assumption of risk, and that the defendant's failure to explicitly plead assumption of risk was not a waiver when contri
• Bobbi Fusinski v. Robertson
  391 So. 2d 771· Fla. 3d DCA· 1980-12-30 ·cited 4×
  Florida appellate court reversed judgment against dog owner where plaintiff was bitten on owner's premises, holding that statutory immunity under Fla. Stat. § 767.04 applies when proper warning signs are posted.
• The Sherburne Corp. v. Hoar
  456 F.2d 1269· 2d Cir.· 1972-03-17 ·cited 4×
  The court held that the evidence presented was sufficient to warrant submitting the questions of duty of care and assumption of risk to the jury.
• Hewitt v. Safeway Stores, Inc.
  404 F.2d 1247· D.C. Cir.· 1968-02-06 ·cited 4×
  The court held that the landowner may be liable for injuries from an obvious danger if the landowner should have reasonably anticipated the harm, and the invitee had no feasible alternative but to encounter the risk.
• Moushey v. United States Steel Corp.
  374 F.2d 561· 3d Cir.· 1967-03-06 ·cited 4×
  The court held that the jury instructions regarding customary industry practice as a conclusive test for negligence were erroneous, requiring a new trial.
• Sears v. Romelda Sheppard and Arthur Sheppard
  194 So. 2d 62· Fla. 3d DCA· 1967-01-10 ·cited 4×
  The Third District Court of Appeal of Florida affirmed a jury verdict in a slip and fall case against Sears, holding that there was sufficient evidence of negligence to submit the question to the jury despite conflicting evidence.
• Lustine-Nicholson Motor Co., Inc. v. Petzal
  268 F.2d 893· D.C. Cir.· 1959-06-25 ·cited 4×
  The court held that the jury instruction on res ipsa loquitur was proper and that the plaintiff did not lose his status as a business invitee. The court also found no prejudice from the denial of an assumption of risk instruction.
• Atl. Coast Line R. Co. v. Savary
  64 So. 2d 562· Fla.· 1953-04-21 ·cited 4×
  The validity of releases under the Federal Employers' Liability Act is a federal question governed by federal law, and a release signed by an employee induced by deliberately false statements is void.
• Martini v. United States
  192 F.2d 649· 2d Cir.· 1951-11-30 ·cited 4×
  The court held that a ship owes no duty of seaworthiness to an employee of an independent contractor injured while working on the vessel.
• Marvel Martin and Jeffrey Martin v. City of Tampa
  351 So. 3d 75· Fla. 2d DCA· 2022-10-19 ·cited 3×
  The appellate court affirmed a summary judgment in favor of a restaurant, ruling that the restaurant did not have a legal duty to maintain the public sidewalk abutting its entrance. The court found that the restaurant's actions, such as tidying the sidewalk or erecting an awning,
• Jackson v. Atlanta Braves, Inc.
  227 So. 2d 63· Fla. 4th DCA· 1969-09-22 ·cited 3×
  The appellate court reversed a summary judgment for the defendants, finding that reasonable minds could draw different conclusions regarding negligence, contributory negligence, and assumption of risk in a baseball stadium injury case.
• Chavez v. McDONALD'S Rest. OF Fla., Inc.
  108 So. 3d 1124· Fla. 5th DCA· 2013-02-22 ·cited 2×
  David Chavez appealed summary judgment in favor of McDonald's Restaurant following a slip-and-fall injury on the restaurant's premises. The Florida appellate court reversed in part and remanded, holding that Chavez was owed a duty of care as a business invitee and that material f
• Jemma L. Ramirez v. M.L. Mgmt. Co., Inc.
  920 So. 2d 36· Fla. 4th DCA· 2005-11-30 ·cited 2×
  In a dog bite case, the Florida Fourth District Court of Appeal reversed summary judgment for a landlord, holding that a landlord may owe a duty to its tenant's child for injuries caused by a tenant's dangerous dog even when the injury occurs off the leased premises, if the landl
• Maysonet v. KFC
  906 F.2d 929· 2d Cir.· 1990-06-29 ·cited 2×
  The court held that a jury could reasonably find the assailant's conduct prior to the stabbing made the attack foreseeable to the restaurant, thus summary judgment was inappropriate.
• Wynne v. Exercise Ctrs. OF Se. Fla., Inc.
  548 So. 2d 704· Fla. 3d DCA· 1989-08-01 ·cited 2×
  Dorothy Wynne appealed a negligence judgment after her purse and jewelry were stolen while she was a customer at an exercise facility. The appellate court reversed and remanded for a new trial, finding that the trial court erroneously excluded highly prejudicial evidence of a pri
• Hallacker v. Nat'l Bank & Tr. Co. OF Gloucester Cnty.
  806 F.2d 488· 3d Cir.· 1986-12-04 ·cited 2×
  The court held that the consideration clause of the Landowners' Liability Act applies even if the plaintiff did not directly pay the consideration, thus potentially removing the landowner's immunity.
• Rippee v. Grand Valley Mfg. Co.
  762 F.2d 25· 3d Cir.· 1985-05-17 ·cited 2×
  The court held that the trial court erred in granting a directed verdict because sufficient evidence existed from which a jury could reasonably find for the plaintiff.
• Onufer v. Seven Springs Farm, Inc.
  636 F.2d 46· 3d Cir.· 1980-12-10 ·cited 2×
  The court held that the district court erred in directing a verdict for the defendant because sufficient evidence existed from which a jury could reasonably infer negligence and causation.
• Anthony (Tony) Bitsos v. RED OWL Stores, Inc.
  459 F.2d 656· 8th Cir.· 1972-04-24 ·cited 2×
  The court held that sufficient evidence existed to present the issues of negligence, contributory negligence, and assumption of risk to the jury, and that the trial court's jury instructions were proper.
• Ferguson v. S. H. Kress & Co.
  253 So. 2d 472· Fla. 4th DCA· 1971-09-27 ·cited 2×
  In this slip-and-fall case, the court reversed summary judgment for a retail store defendant, finding genuine issues of material fact regarding whether a piece of cardboard on the store floor had been present long enough for the defendant to discover and remove it through ordinar
• Brant v. Robinson Inv. Co.
  435 F.2d 1345· 4th Cir.· 1971-01-18 ·cited 2×
  The court held that the evidence was sufficient to warrant submission to the jury of the issues of the defendant's negligence and the plaintiff's contributory negligence.
• Panko v. Food Fair Stores, Inc
  403 F.2d 62· 3d Cir.· 1968-11-20 ·cited 2×
  The court held that the trial judge correctly construed New Jersey law and properly exercised discretion regarding evidence and jury instructions.
• The Fluor Corp. v. Black
  338 F.2d 830· 9th Cir.· 1964-11-05 ·cited 2×
  The court held that the general contractor (Fluor) was liable for negligence in failing to provide a safe place to work, but the subcontractor (Graver) was not liable as there was no evidence of its responsibility for the hazardous condition.
• Conwell v. Zayre OF Miami, Inc.
  161 So. 2d 537· Fla. 3d DCA· 1964-03-10 ·cited 2×
  Jeanne Conwell was injured after tripping over a dress rack left in an aisle by defendant's employees while she was lawfully in defendant's store as a business invitee. The trial court granted summary judgment for the defendant, but the appellate court reversed, holding that negl
• AHO v. Jacobsen
  249 F.2d 309· 1st Cir.· 1957-11-22 ·cited 2×
  The court affirmed the judgment, finding no evidence that the defendant violated the duty of care owed to the plaintiff.
• Tebbs v. Alcoa S.S. Co., Inc.
  241 F.2d 276· 3d Cir.· 1957-02-25 ·cited 2×
  The court held that the evidence supported the finding of negligence, the damages awarded were not excessive, and the attorney's fees were within the court's discretion.
• Boise Payette Lumber Co. v. Larsen
  214 F.2d 373· 9th Cir.· 1954-06-18 ·cited 2×
  The court held that the jury could reasonably find the employer liable for the salesman's use of his personal plane, that the issue of who was flying the plane was for the jury, and that the damages awarded were not excessive.