What is the open and obvious defense in a Florida slip and fall case?

The open and obvious defense is a legal argument used by property owners asserting that a hazard was so noticeable that a visitor should have seen and avoided it. In Florida, however, property owners still hold an independent duty to maintain their premises in a reasonably safe condition. Under Florida's modified comparative fault law (Fla. Stat. § 768.81), an obvious hazard does not automatically defeat a claim. A property owner may remain liable if they should have anticipated that the dangerous condition could still cause harm despite its visibility. Jeffrey S. Altman and The Altman Law Firm evaluate how property negligence contributed to fall injuries across Miami.