Schoen v. Gilbert

I respectfully dissent. First, the majority’s decision is anachronous in light of this State’s adoption eight years ago of a comparative negligence rule. Second, the majority’s decision is unsound even when tested under the displaced law of contributory negligence.

A

As is so explicit in Yoder v. Greenwald, 246 So.2d 148 (Fla. 3d DCA 1971), Florida’s “step in the dark” rule, namely, that one who enters a totally unfamiliar area in the darkness is not ordinarily justified in proceeding without first ascertaining whether there are obstacles to safe progress, is a rule of contributory negligence.…