Legal Opinion

Taylor v. Piggly Wiggly Corp.

District Court of Appeal of Florida

Decided December 8, 1994No. 93-2235Published

1Opinion of the Court

ERVIN, Judge.

Appellants, James and Kimberly Taylor, the plaintiffs in this premises liability action, contend that the trial court erred in entering summary judgment in favor of the defendants, because genuine issues of fact remain regarding whether the defendants used reasonable care in maintaining their premises. We agree and reverse and remand.

An owner or occupier of business premises owes a duty to its invitees to repair or warn of latent or concealed perils it knows of or should know of by the exercise of due care. Welch v. Auto Owners Ins. Co., 369 So.2d 449 (Fla. 1st DCA 1979); 2…

2Cases cited3 opinions

  1. Kala Investments, Inc. v. SklarDistrict Court of Appeal of Florida · 1989
  2. Cain v. BrownDistrict Court of Appeal of Florida · 1990
  3. Welch ex rel. Welch v. Auto Owners InsuranceDistrict Court of Appeal of Florida · 1979

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