Understanding Florida’s “Obvious Danger” DoctrineTampa Bay Legal News
Regardless of whether you work in a manufacturing plant or in a traditional office building, people go to work each day with the rational expectation that their cubicle or factory will be safe. Should an unsafe or possibly dangerous situation arise, employers will often identify or close off the immediate area. For instance, wet floor signs may be placed around an area to indicate that a hallway might be slippery, or caution tape could be used to cordon off areas that are under renovation.
If you suffer an injury on the job in Florida due to a workplace danger, you might be entitled to file a personal injury claim for financial compensation.
Obvious Danger/Open and Obvious Doctrine
In Florida, claims dealing with premises liability are often confusing and complicated. When assessing the “obvious danger” doctrine, also known as the “open and obvious” doctrine, the property owner is not held accountable for any injuries to guests that were caused by a hazardous situation when the hazard has been made known or should have been obvious to the injured victim, unless the property owner anticipated the possible danger in spite of the hazardous condition being open and obvious.
Is the Doctrine a Loophole for Property Owners?
Although this doctrine may seem like a “get out of jail free” card for negligent property owners, there are plenty of ways to hold them responsible for on-site injuries, even if the danger was open and obvious. Although the obvious danger doctrine indicates that property owners are not required to inform guests of potential dangers in certain situations, they are still obligated to keep the premises in a safe condition.
Previously, Florida courts have ruled that although an obvious danger implies that the property owner is not required to warn invitees, they could still be found liable for neglecting to maintain their premises in an appropriate and safe manner. Even when the hazard is open and obvious, landlords are expected to foresee that other people will come upon the danger, and the landlord could still be considered negligent for not maintaining the premises.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.