In a slip fall arising at an apartment complex in Jacksonville, FL, the Plaintiff alleged that she stepped on a slick and glossy stair on the top of a stairway located upon the premises and slipped and fell down the stairway.

The trial Court granted summary judgment as to the owner’s duty to warn pursuant to the open and obvious danger doctrine as well as the owner’s duty to maintain the premises in a reasonably safe condition.  The First District affirmed on the duty to warn, but it reversed on the duty to maintain.

The Court noted that there was a factual dispute as to the extent and use of a non-skid additive.  This  fact raised a dispute whether the owner used non-skid paint on the stairs or whether the owner properly mixed the non-skid additive with the paint.

On these same facts, the trial court found that they were “not material.”

The opinion may be found at:

https://edca.1dca.org/DCADocs/2014/2950/142950_DC08_04222015_101525_i.pdf

 

 

 

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