In Ortega v. JW Marriott Investment, LLC, a hotel guest tripped over a raised, unmarked concrete slab that held a gate arm in a resort parking garage. The slab blended in with the surrounding concrete and had no painted edge or markings to alert pedestrians to the elevation change. Ortega’s safety expert explained that this design violated industry standards and created an unreasonably dangerous condition for people walking through the area.
The trial court initially sided with the hotel, finding that the slab was “open and obvious,” especially since Ortega had parked in the garage for years and knew the slab was there. On that basis, the court granted summary judgment, effectively ending the case before a jury could hear it.
On appeal, however, the Third District Court of Appeal reversed that decision. The appellate court held that expert testimony about the hidden or camouflaged nature of the slab and its violation of safety standards created a genuine dispute about whether the condition was truly open and obvious and whether the property was maintained in a reasonably safe condition. In other words, the “open and obvious” doctrine did not automatically shield the property owner from liability—those issues had to be decided by a jury.
For Florida injury victims, this case is an important reminder: even if a business claims a hazard was visible, you may still have a viable premises liability case—especially where design, markings, and industry standards show the condition was more dangerous than it appeared.
You can read the full opinion here: Ortega v. JW Marriott Investment, LLC.
Cox Law, PLLC regularly handles complex Florida premises liability cases involving disputed hazards and expert testimony. Reach out today for a free consultation to learn how we can help protect your rights after a serious trip, slip, or fall. To schedule your consultation, call (813) 685-8600 or email webquestion@coxlawplc.com.
Disclaimer: The information in this post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney–client relationship. Every case is different; you should consult an attorney about your specific situation.