The Sixth Sense is Common Sense: Florida Court Holds No Duty to Warn When Adults Fail to Use Ordinary Care for Their Own Safety

“The law does not require a proprietor of a public place to maintain his premises in such condition that an accident could not possibly happen to a customer.” Rather, Florida law requires that adults must use their ordinary senses, including common sense, and reasonable care to avoid injury to themselves. Property owners are obligated to maintain their property in a reasonably safe condition and to warn guests of hidden dangers. But guests also owe a duty to themselves: “to observe the obvious…
By: Tyson & Mendes LLP