New Cases Make It Harder For Trip And Fall Victims To Recover

Under Florida law, premises owners have two duties to invitees: 1) warn of dangerous conditions, and 2) maintain the premises in a reasonably safe condition. However, two recent cases significantly alter a premise owner’s responsibilities as it relates to parking lot trip and falls as well as sidewalk trip and falls. If you or someone you love has been injured, our skilled and passionate Longwood, FL personal injury lawyer is here to help.

The Jackson Case: Public Sidewalks And Dangerous Conditions

On October 10, 2025, the Fifth District Court of Appeal in Jackson v. Florida Dept of Transportation, et. al., held that a public sidewalk raised less than one inch at its expansion joint was “so open, obvious, and ordinary” that it did not constitute a dangerous condition as a matter of law. While this case will affect sidewalk trip and fall cases throughout Florida, the sidewalk at issue was a public sidewalk maintained by the Florida Department of Transportation.

Raised sidewalks can occur for a number of reasons. Two of the most common reasons are settlement or tree root overgrowth. The Jackson case seems to state that, whatever the reason, public sidewalks that misalign less than one inch are not dangerous conditions. If the condition is not dangerous as a matter of law, then the entity in charge of maintaining the area would be absolved of liability.

The Allen Case: Premises Owners’ Duty To Invitees

On August 22, 2025, the Sixth District Court of Appeal in Sierra Orlando Properties, LTD dba Caribe Royale Resort Suites v. Allen, held that premises owners have no duty of care to invitees walking in areas not intended “to be used as a walkway.” While this may seem like common sense, the facts of this case are similar to what happens to tens of thousands of Floridians and guests every day.

In Allen, an invitee parked her truck in the paved parking lot. The parking lot contained landscaped medians separating the rows of parking spaces. (See the picture below for example.) Allen chose to cross through the grassy median because it was the route closest to her truck. After entering the grassy median, Allen stepped on an unstable lid of an irrigation box, which caused her to fall into a hole and become injured.

 

Allen testified that there was a worn path in the median indicating continued use by pedestrians. This testimony, pursuant to case law established at the time of litigation, placed a premises owner on notice that a non-walkway was being utilized for pedestrian traffic. This notice thus required premises owners to maintain the area being utilized as a walkway for pedestrian traffic.

Court’s Analysis And Shift In Legal Standard

The Sixth District retreated from the standard that had been in practice and held that despite a landowner’s duties to its invitees, landowners were not insurers of the safety of everyone on their property. The Sixth District’s analysis continued and found that a premises owner’s duty to invitees is limited to the “intended use of the premises as part of the invitation.” As the grassy median was not intended for pedestrian use—despite the knowledge that invitees would cut through them—there was no duty of care owed to the invitee pedestrians.

While the court acknowledged a duty may arise where the premises owner allows pedestrians to utilize walkways not originally intended for pedestrian use, it found no such evidence in this matter. As a result, the court held that premises owners have no duty to provide invitees notice or warning of dangers of unpaved, grassy medians and have no duty to make them safe for walking.

Contact A Florida Trip And Fall Attorney

If you have been injured in a trip and fall, you need an experienced trip and fall attorney who is ready to fight for you. The area of trip and fall litigation is changing rapidly, and hiring a lawyer who does not know the current status of the law may result in significant problems later in your case.

The best way to learn about liability or determine the value of damages in your case is through a free consultation with an Altamonte Springs car accident attorney. Attorney Justin Presser has been fighting for injury victims for over 17 years. With offices in Altamonte Springs and Deltona, Presser Law, P.A. represents car accident victims throughout Central Florida.

Attorney Justin H. Presser lost his sister to malpractice when he was 11 and this experience motivates his commitment to his clients to use the law to uphold their rights to the fullest extent possible.

Preserve your rights, protect your claim. Contact Presser Law, P.A. today or visit our website for a free consultation and learn how we can assist you in obtaining a full and fair resolution of your claim. We offer free consultations and our clients do not have any fees or costs unless we win their case.