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Many people are aware that business owners have some level of responsibility to warn of dangerous conditions, but do homeowners have a duty to warn of dangerous conditions? Fort Myers personal injury attorneys like Randall Spivey know the owners of private property owe a duty to individuals on their property. However, the extent of that duty will depend on the status of the individual who is on the property.

Individuals should be aware that an owner's liability can be reduced if the dangerous condition was obvious to the harmed individual, or if the harmed individual was at fault to a degree. Admittedly, it is likely many homeowners may not know of their legal obligations with respect to their premises; however, ignorance cannot be used as an excuse. That is why it is crucial for anyone who has been injured while on private property to work with well-versed attorneys who can help ensure that he or she learns of all possible legal options.

Henkle v. Norman

Recently, the Texas Supreme Court, in the case of Henkle v. Norman, looked at the issue of a homeowner's duty to warn. The case involved a mail carrier who was delivering mail to a homeowner. The weather conditions at the time were cold, and apparently, there was a hard freeze alert for the area over a period of several days.

The weather service had not reported any sleet, snow or rain for the area, but the homeowner acknowledged her awareness that the conditions on her property were icy because her daughter had slipped earlier that morning while on her way to school.

The mail carrier approached the property, and instead of using the sidewalk, he walked through the homeowner's lawn and handed her the mail. Upon turning to walk away, the homeowner yelled out, "Don't slip," but the mail carrier did, falling to the ground and sustaining serious injuries.

The mail carrier ultimately sued the homeowners, claiming that they had knowledge of the "unnatural accumulation of ice" on their property at the time, but made no attempt to remove it. The task at hand for the Texas Supreme Court was to consider whether the homeowner's short warning not to slip sufficed to meet the homeowner's duty to warn. The lower court found that the homeowner had adequately warned the mail carrier prior to his fall; however, the state court of appeals reversed that decision, noting that general advisals not to slip or fall were inconclusive proof of the adequacy of a warning.

The state supreme court reversed the court of appeals, finding that the mail carrier was an "invitee," and as an invitee, the homeowners owed a duty to protect or warn of any dangerous conditions that posed a risk of harm when those risks should have been known or are known by the homeowner. More specifically, the state supreme court found that the homeowner's warning of "Don’t slip" was sufficient to specifically warn a reasonable person of a slippery surface.

If you have been hurt while on a homeowner's property and you have concerns or questions about your rights under Florida state law, contact the Fort Myers personal injury attorneys at the Spivey Law Firm, Personal Injury Attorneys, P.A. right away to discuss the details of your case.