Restatement (Second) Of Torts § 343A

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

• Napoli v. [Transpacific Carriers Corp. & Universal Cargo Carriers
  536 F.2d 505· 2d Cir.· 1976-05-25 ·cited 100×
  The court held that a jury charge relieving a shipowner of liability for an obvious danger, without considering whether the shipowner should have anticipated the harm despite its obviousness, was erroneous under the revised Longshoremen's and Harbor Workers' Compensation Act.
• Carroll v. Carnival Corp.
  955 F.3d 1260· 11th Cir.· 2020-04-15 ·cited 77×
  The court held that a genuine dispute of material fact exists regarding whether the lounge chair obstruction was open and obvious, and whether the cruise line had notice of the hazard, thus reversing summary judgment on the failure to warn claim. The court also held that the open
• Munoz v. Flota Merchante Grancolombiana, S.A.
  553 F.2d 837· 2d Cir.· 1977-04-25 ·cited 58×
  A shipowner is not liable for injuries to a longshoreman caused by a latent, dangerous condition created by the stevedore's negligence, if the shipowner relinquished control of the premises in a safe condition and had no knowledge of the defect.
• Parsons v. Amerada Hess Corp.
  422 F.2d 610· 10th Cir.· 1970-02-27 ·cited 53×
  The court held that summary judgment was improper because genuine issues of material fact existed regarding the decedent's knowledge and appreciation of the specific dangers of hydrogen sulfide, and the applicability of Restatement (Second) of Torts § 343 principles.
• Casby v. Flint
  520 So. 2d 281· Fla.· 1988-02-25 ·cited 51×
  The Florida Supreme Court held that a homeowner has no duty to warn invitees of changes in floor levels that are obscured by dim lighting or an excessive number of people, as such conditions are commonplace and not inherently dangerous. The court affirmed the dismissal of neglige
• Emmons v. Baptist Hosp. & Servicemaster Indus., Inc.
  478 So. 2d 440· Fla. 1st DCA· 1985-11-08 ·cited 47×
  Katherine Emmons appealed from a directed verdict entered in favor of Baptist Hospital and Servicemaster Industries after she slipped and fell on a wet hallway floor while visiting her mother. The court affirmed the directed verdict, holding that the defendants exercised ordinary
• Lynch v. Brown
  489 So. 2d 65· Fla. 1st DCA· 1986-04-09 ·cited 46×
  Martin Lynch appeals a summary judgment dismissing his negligence claim against Alice Brown, the owner of an apartment building where he allegedly fell from a staircase landing. The court reverses, holding that Lynch's status as an invitee and the existence of factual disputes re
• Baysal D. Riddle v. Exxon Transp. Co.
  563 F.2d 1103· 4th Cir.· 1977-09-27 ·cited 44×
• Lubrano v. Royal Netherlands S.S. Co.
  572 F.2d 364· 2d Cir.· 1978-02-15 ·cited 43×
  The court held that the district judge erred in directing a verdict for the shipowner, as ambiguous testimony presented a jury question regarding the ship's officer's actions.
• Bryant v. Lucky Stores, Inc.
  577 So. 2d 1347· Fla. 2d DCA· 1990-10-12 ·cited 37×
  A speed bump at a supermarket entrance presents a disputed question of fact regarding whether it constituted an unsafe condition relative to customer traffic patterns, precluding summary judgment even if the bump was visible, because the plaintiff's age and circumstances must be
• Evans v. Transportacion Maritime Mexicana SS "Campeche"
  639 F.2d 848· 2d Cir.· 1981-01-05 ·cited 30×
  The court held that despite errors in the jury charge, the jury reached the proper result on the facts, and the errors did not affect the outcome.
• Zelma Heath and Lawrence Heath v. First Baptist Church
  341 So. 2d 265· Fla. 2d DCA· 1977-01-05 ·cited 30×
  The Heath plaintiffs appealed a summary judgment dismissing their negligence action against First Baptist Church for injuries sustained when Mrs. Heath fell over a step between different floor levels in the church. The court reversed, holding that genuine issues of material fact
• Lotto v. Point E. TWO Condo. Corp., Inc.
  702 So. 2d 1361· Fla. 3d DCA· 1997-12-24 ·cited 26×
  Edith Lotto sued her condominium association for negligence after slipping and falling on a cracked, uneven exterior sidewalk. The trial court granted summary judgment to the association, but the appellate court reversed, holding that even though the sidewalk's deteriorated condi
• Brookie v. Winn-Dixie Stores, Inc.
  213 So. 3d 1129· Fla. 1st DCA· 2017-04-04 ·cited 23×
  In this premises-liability case, the court affirmed summary judgment for a retailer when a customer tripped over an empty pallet he had previously observed while exiting the store. The court held that the retailer owed no duty to warn of the open and obvious condition and properl
• Gemp v. United States
  684 F.2d 404· 6th Cir.· 1982-08-04 ·cited 21×
  The dissent argues that the United States Army Corps of Engineers had a duty to warn invitees of dangers near the Meldahl Dam, even if the turbulence was obvious, because they should have anticipated harm.
• Felo McALLISTER, III v. Robbins
  542 So. 2d 470· Fla. 1st DCA· 1989-05-04 ·cited 20×
  A 50-year-old man was injured when he caught his heel on concrete blocks marking a property line while attempting to cross them to reach his girlfriend's car. The trial court granted summary judgment for the property owner, and the appellate court affirmed, holding that the plain
• Martino Lieggi v. Mar. Co. OF the Philippines
  667 F.2d 324· 2d Cir.· 1981-12-23 ·cited 18×
  A shipowner can be held liable for a longshoreman's injuries if the owner knows of a dangerous condition and affirmatively undertakes to fix it, thereby lulling the stevedore into inaction, even if the stevedore also has a duty to maintain a safe workplace.
• Zrust v. Spencer Foods, Inc.
  667 F.2d 760· 8th Cir.· 1982-01-11 ·cited 14×
  The court held that the jury instruction regarding a landowner's duty to an invitee was consistent with Nebraska law, and that while an assumption of risk instruction should have been given, its omission was harmless error.
• Giglio v. Farrell Lines Inc.
  613 F.2d 429· 2d Cir.· 1980-01-04 ·cited 14×
  The court affirmed the district court's judgment, finding no basis for actual or constructive notice of the dangerous condition on the ship's deck.
• Saed Mashni v. LaSALLE P'rs Mgmt. Ltd.
  842 So. 2d 1035· Fla. 4th DCA· 2003-04-23 ·cited 12×
  The Florida District Court of Appeal reversed a summary judgment in a slip and fall case, finding that genuine issues of material fact existed regarding the defendants' constructive notice of a wet restroom floor and whether the hazard was open and obvious.
• Green v. Sch. Bd. OF Pasco Cnty.
  752 So. 2d 700· Fla. 2d DCA· 2000-02-18 ·cited 10×
  William Green, a police officer, fell off a retaining wall at Pasco Middle School while conducting a patrol and sued the School Board for negligence. The court reversed summary judgment, holding that the School Board's failure to warn of or correct the dangerous condition was ope
• Honesto Alegre v. Shurkey
  396 So. 2d 247· Fla. 1st DCA· 1981-04-06 ·cited 10×
  The Florida District Court of Appeal affirmed the trial court's dismissal of a negligence and attractive nuisance complaint brought by parents of a child injured falling from monkey bars on the defendants' property. The court held that playground equipment does not create liabili
• Jauma v. The City OF Hialeah
  758 So. 2d 696· Fla. 3d DCA· 2000-01-19 ·cited 8×
  The Jaumas appeal a summary judgment in favor of the City of Hialeah after Gilberto Jauma was struck by a car while slipping on a muddy, flooded street caused by contractor work. The court reversed, holding that despite the obviousness of the hazard, the City owed a non-delegable
• Kopf v. City OF Miami Beach
  653 So. 2d 1046· Fla. 3d DCA· 1995-02-15 ·cited 8×
  A pedestrian who fell on a cracked and deteriorated Miami Beach sidewalk sued the city. The appellate court reversed summary judgment for the city, holding that issues of negligence, comparative negligence, and causation must be resolved by a jury rather than dismissed on the "op
• 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.
• Borquez v. United States
  773 F.2d 1050· 9th Cir.· 1985-10-10 ·cited 8×
  The United States had a duty to warn recreational visitors of dangerous conditions at the Roosevelt Power Canal Diversion Dam due to the Forest Service's management and administration of the area for recreational purposes.
• Madrid v. Mine Safety Appliance Co.
  486 F.2d 856· 10th Cir.· 1973-10-25 ·cited 8×
  The court held that the decedent's knowledge of the danger, his violation of instructions, and his contributory negligence precluded liability against the defendants, and that the employer of an independent contractor does not owe a non-delegable duty of care to the contractor's
• Aguiar v. Walt Disney World Hospitality
  920 So. 2d 1233· Fla. 5th DCA· 2006-02-24 ·cited 5×
  The court held that summary judgment was premature because a reasonable inference could be drawn that the disrepaired caulking caused the plaintiff's fall.
• Leonard v. Wakulla Cnty.
  688 So. 2d 440· Fla. 1st DCA· 1997-02-28 ·cited 5×
  A governmental entity is not liable for failure to warn of a known dangerous condition where the danger is open, notorious, and readily apparent to the public and the injured party had prior knowledge of and experience with the condition. Additionally, governmental entities are i
• Miranda v. The Home Depot, Inc.
  604 So. 2d 1237· Fla. 3d DCA· 1992-08-18 ·cited 5×
  Anita Miranda was injured at Home Depot when she struck her eye on a ladder while attempting to retrieve a planter from a bottom shelf. The court affirmed summary judgment for Home Depot, holding that the store had no duty to anticipate the unusual and unforeseeable manner in whi
• Cusick v. City OF Neptune Beach
  765 So. 2d 175· Fla. 1st DCA· 2000-07-06 ·cited 4×
  A child fell from a tree in a city-owned public park and struck a bench beneath it, sustaining serious injuries. The trial court granted summary judgment for the City of Neptune Beach on premises liability, but the appellate court reversed, holding that municipalities owe a heigh
• 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
• Martinez v. Asarco Inc.
  918 F.2d 1467· 9th Cir.· 1990-11-23 ·cited 4×
  A smelter operator owes an independent contractor's employee a duty to make premises reasonably safe, and a warning alone may not satisfy this duty if the operator should anticipate harm despite the warning.
• Moore v. M.P. Howlett, Inc.
  704 F.2d 39· 2d Cir.· 1983-03-24 ·cited 4×
  The court held that there was sufficient evidence to support the jury's verdict that the shipowner was negligent in failing to maintain a safe deck, and thus should have anticipated the harm to the longshoreman.
• Kirsch v. Prekookeanska Plovidba
  971 F.2d 1026· 3d Cir.· 1992-07-30 ·cited 3×
  A shipowner is liable for injuries to longshore workers caused by an obvious hazard only if the shipowner should have expected that the stevedore and its workers could not or would not avoid the danger and conduct operations safely.
• McCARTHY v. Garcia Menendez Enters. Inc.
  693 So. 2d 75· Fla. 3d DCA· 1997-04-30 ·cited 2×
• Barrett v. Foster Grant Co., Inc.
  450 F.2d 1146· 1st Cir.· 1971-11-05
  The court held that Massachusetts substantive law applied to the landowner's duty of care, and under that law, the defendant was not liable for the plaintiff's injuries. The court also found the third-party claim moot.