Under Florida’s Open and Obvious Doctrine law, individuals injured while on the property owned by or in the possession of another individual may not be able to receive compensation for their injuries. This is based upon the provision where conditions, or objects such as planters, posts, large rock/boulder landscape décor, etc., and in some cases, damaged walkways, etc., present for extended periods of time, are so glaringly open and obvious, that they are not considered to be dangerous. This implies the person holding possession of the property should not be held responsible for any injuries incurred by another individual.
In most cases involving premises liability, the Court allows juries to decide who is to be held liable for the injuries incurred by an individual on the property regardless of what might be considered open and obvious according to the law.
If a jury does rule in favor of the person in possession of the property citing the Open and Obvious Doctrine, the injured individual will not be able to further litigate their case for compensation.
Open and Obvious Doctrine Litigation
Neufeld, Kleinberg & Pinkiert of Neufeld Law have many years of experience in successfully litigating cases involving injuries their clients received on another individual’s property. Many key factors are involved in a jury’s verdict of the Open and Obvious Doctrine, and Neufeld Law has a team of experts to assist them in the successful presentation of each case before a jury.
If you, or a loved one, have received injuries due to the negligent conduct of a property owner or manager, you need to contact Neufeld Law today for a free consultation. We will work with you as a team to ensure that you receive the compensation you deserve for your injuries.