Lekas v. Dezer Properties, LLC
A hotel guest with diabetic neuropathy walked barefoot on a hot cement pool deck and beach sand in August, sustaining burns that led to partial amputation of his foot. The Third District affirmed dismissal with prejudice, holding that a premises owner owes no duty to warn or protect a guest from the heat of a cement pool deck or beach sand in the Florida summer because such conditions are common, not inherently dangerous, and any danger is open and obvious as a matter of law.
Key facts
- Guest with diabetic neuropathy suffered burns and partial foot amputation after walking barefoot on a hot cement pool deck and beach sand at a hotel in August.
- Trial court dismissed the negligence claim, and the Third District affirmed dismissal with prejudice.
- +2 more key facts with a free trial
Why it matters
The opinion extends the 'so common and innocuous' line of premises cases (Brookie, Dampier, City of Melbourne) to sun-heated pool decks and beach sand, giving Florida hospitality and resort defendants a clean citation… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.