Mueller v. South Florida Water Management District

OWEN, WILLIAM C., Jr., Senior Judge.

The sixteen year old appellant sued ap-pellee for damages as result of injuries sustained when he ran into a concealed guardrail while riding his dirtbike on appel-lee’s property. The trial court dismissed appellant’s two count third amended complaint with prejudice. We reverse.

Count I of the third amended complaint was based upon a breach of the duty which a landowner owes to an uninvited licensee to warn of a known defect or dangerous condition when such defect or dangerous condition is not open to ordinary observation by the licensee. The trial court, in…