South Florida Injury Lawyers Blog
There are tens of thousands of hotels in Florida, and most make a handsome profit on the state’s booming tourism industry here in the Sunshine State. But with that comes an inherent responsibility to keep the property safe from unreasonable hazards. Failure to do so can result in a premises liability lawsuit.
However, hotel guests as invitees have a responsibility as well. They need to protect themselves from dangers that are open and obvious. Failure to do this can result in a reduction of damages or potentially even a dismissal of their case.
The question of whether a hazard is open-and-obvious has been sharply debated in courts across the country. Further, the defense isn’t absolute. It may be used as a way for the defense to argue reduced compensation to the plaintiff for the role he or she played, but it’s not necessarily a total bar to recovery (depending on the state where it occurs). Continue reading →