Thought Leadership

The defendant was a general contractor overseeing a parking garage construction project. The plaintiff, an employee of a subcontractor on the project, was injured after stepping into an uncovered drain on the construction site. The plaintiff sued the defendant for negligence. Moving for summary judgment, the defendant argued it had no duty to warn of the uncovered drain because it was open and obvious. The trial court granted summary judgment for the defendant. The Second District Court of Appeal reversed and remanded, finding there were genuine issues of material fact as to whether the drain was open and obvious and whether the defendant breached its duty to maintain the premises in a reasonably safe condition.

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