Does the 'open and obvious' defense excuse a Florida property owner from repairing dangerous walkway hazards?

No. In Florida, even if a hazard such as a severely cracked walkway or broken step is deemed 'open and obvious,' the property owner is not automatically shielded from liability. While an obvious condition may discharge an owner's duty to warn, Florida courts maintain that property owners have an independent legal duty to maintain premises in a reasonably safe condition. If a property owner should anticipate that invitees or tenants may still suffer harm—such as when traversing an essential apartment walkway or store entrance—the owner must fix the hazard. Jeffrey S. Altman analyzes property conditions to counter open-and-obvious defense strategies.