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Reported Appellate Case

Posted by David Bulluck on Nov 27, 2016 9:30:13 PM

Cook v. Bay Area Renaissance Festival of Largo, Inc., 164 So.3d 120 (Fla. 2d DCA 2015). This case established premises liability case law that even when a hazard is open and obvious, a land possessor can still be liable for failing to exercise reasonable care to prevent foreseeable injury. Further, the relevant question to liability is control over the property at the time of injury and not titled ownership. Control over the property is a question of fact to be determined by the jury.

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