Matthew Fiorello and team obtained a summary judgment in favor of Defendant hotel owner/operator in a Port St. Lucie trip and fall case. Defendant was sued for negligent failure to warn of a dangerous condition, a six inch step up into the hotel room. Plaintiff had been at the hotel for twelve hours prior to her fall. She had traversed the alleged dangerous condition (step up) several times prior to her fall.
Ultimately, Plaintiff tripped and fell exiting the hotel room and suffered injuries to her ankle and back.
Plaintiff claimed the step up into the hotel room was a dangerous condition of which the Defendant had a duty to warn. Defendant filed a Motion for Summary Judgment alleging that the step up into the hotel room was not only open and obvious but was such a condition that required no duty to warn on behalf of the Defendant, the hotel owner/operator. Defendant argued Florida’s common law does not impose a duty to warn for uneven floor and that the issue complained of was an open and obvious condition for which the Defendant did not have to warn. The Court ruled in Defendant’s favor and granted Motion for Final Summary Judgment with Prejudice.