South Florida Personal Injury Lawyers Blog
In Florida, property owners have a legal duty to maintain safe premises for visitors. When hazards exist in areas where people walk, owners must take reasonable steps to prevent injuries. Parking garages, designed primarily for vehicles, often double as pedestrian walkways. If an unmarked obstacle causes someone to trip and fall, questions arise about whether the property owner failed to uphold its responsibilities. A recent Florida appellate court decision reversed a trial court ruling after an injury victim presented evidence that an unmarked hazard in a parking garage created an unreasonable danger.
Raised Concrete Slab in a Florida Parking Garage Leads to Injury
A resort guest fell in a Miami parking garage after tripping over a raised concrete slab used to anchor a vehicle gate-arm. The hazard was unmarked and the same color as the surrounding pavement, making it difficult to detect. The injured individual filed a lawsuit against the property owner, alleging that the unmarked obstruction posed an unreasonably dangerous condition and that the owner failed to ensure a safe walking surface.
The resort sought to have the case dismissed before trial, arguing that the hazard was open and obvious, meaning that a reasonable person should have noticed and avoided it. The property owner also pointed out that there were alternative routes the injured party could have taken to reach the vehicle. Additionally, an orange cone was near the hazard, though the injured individual testified that it was not visible until after the fall and may have been moved.
Expert Testimony Challenged the Resort’s Defense
A critical factor in the appellate court’s ruling was an engineering expert’s testimony who examined the hazard. The expert determined that the lack of a painted edge made the obstruction difficult to perceive, explaining that a painted warning mark is a widely used safety measure in pedestrian areas. Without this marking, the raised concrete blended into the surrounding surface, making it hard for an individual to recognize before tripping.
Beyond visibility concerns, the expert cited industry safety standards, which require walking surfaces to be flush with the ground. The raised slab violated those standards, meaning it was not properly maintained. The expert concluded that the slab’s unmarked and elevated condition created a preventable hazard, contributing to the fall.
Florida Law and the Duty to Maintain Safe Premises
Florida law requires property owners to take reasonable steps to keep their premises safe. Under Florida premises liability laws, businesses must address hazards that are not immediately obvious to visitors. If a dangerous condition is hidden, camouflaged, or blends into the surroundings, a property owner may be responsible for failing to warn visitors or correct the hazard.
The resort argued that the raised slab was an open and obvious condition that should have been seen and avoided. However, the appellate court ruled that a material question of fact existed—meaning that a jury should decide whether the hazard was obvious or unreasonably dangerous. Because the injured party presented expert evidence that the slab violated safety standards and was not clearly visible, the court reversed the trial court’s dismissal, allowing the case to proceed.
How This Decision Affects Injury Cases in Florida
This case highlights an important issue in Florida premises liability law: when an unmarked hazard causes an injury, the property owner may be held responsible. Even if an obstacle is part of the property’s design, the owner could be liable if it violates safety standards or is difficult to see.
Injury victims in Florida can take legal action when they are hurt due to hazards that were not properly addressed. Property owners cannot always escape liability by arguing that a hazard was “obvious,”—especially when experts demonstrate that poor design or a lack of warning markings created a preventable danger.
Speak with a Miami Injury Attorney Today
If you were injured due to a hazardous condition on someone else’s property, you may have a case under Florida premises liability law. Friedman Rodman Frank & Estrada, P.A. has represented injury victims in Miami and throughout South Florida since 1976. Contact the firm today to learn more about your legal rights.