This is a difficult question. Florida follows comparative fault, which means that a jury can apportion fault between the parties to a lawsuit. Before you get to comparative fault, a jury would have to find the defendant to be legally responsible for the injury. There is a string of cases that basically says that some conditions are so “open and obvious” that there is NO negligence as a matter of law. The cases seem to focus on “ordinary sidewalk curbs” and the argument by injured plaintiffs that if the curb had been painted yellow, the accident would not have happened. In my experiences, insurance companies and defendants broaden the applicability of this case law to many cases, where it does not apply. Clearly, this law does apply to some cases, as the cases suggest but it is very much case to case. Before you accept that you do not have a case, you may want to contact a lawyer to see what your right are in your fall case.
