Florida Law Weekly – January 9, 2015
Phillips v. Republic Financial Corporation, (5th DCA) – In this premises liability case, the Plaintiffs alleged that while performing repairs to the roof of a building, the Plaintiff fell through a skylight that was painted over, sustaining severe injuries. The Plaintiffs filed their lawsuit against the entity that owned the property and building, as well as various entities that leased the property and building. In affirming summary judgment for some of the Defendants, the Court noted that liability in a premises liability case does not depend on ownership, but rather, is predicated on the negligence of the possessor of the premises. As it is the possessor of the property who controls whether persons can come onto the property, the duty to warn of a dangerous condition on that property lies with the possessor.