CSK Defense
Miami Associate Emily Corveas
Case Summary
A recent case in the Circuit Court of the Eleventh Judicial Circuit involved a lawsuit brought by a Visitor (Plaintiff) against a Property Owner (Defendant). The Visitor claimed to have been injured after stepping on a septic tank cover in the front yard of a rental property while visiting a family member who lived there.
The Visitor alleged that the Property Owner was responsible for the injury, arguing that the area should have been safer for walking. However, the evidence showed that the septic tank cover was not intended to be used as a walkway, and the Visitor had been to the property many times before without incident.
Defense Strategy
The Defendant argued that there was no legal duty to make the septic tank cover safe for walking, as it was not designed or intended for pedestrian use. CSK Defense pointed out that the Visitor knowingly stepped onto the septic tank cover, which was clearly visible, and that Florida law does not require property owners to make areas not intended for walking safe for that purpose.
The defense relied on established Florida case law, which holds that property owners are not liable for injuries that occur when someone chooses to walk in areas not intended as walkways, such as grassy lawns or utility covers.
Verdict
The court agreed with the defense and granted summary judgment in favor of the Property Owner. The judge found that the Visitor assumed the risk by stepping onto the septic tank cover and that the Property Owner had no duty to make the cover safe for walking. As a result, the Visitor will not receive any compensation, and the case is closed in favor of the Property Owner.
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