McWhorter v. Event Services America, Inc.
Lisa McWhorter tripped over a metal battery case left on the open floor of the entrance rotunda at Tropicana Field by an Event Services security guard. The trial court granted summary judgment on both the duty-to-warn and duty-to-maintain claims. The Second DCA affirmed on duty to warn (open and obvious in a well-lit rotunda) but reversed on the duty-to-maintain claim, holding that an open and obvious hazard does not as a matter of law eliminate the duty to keep premises in a reasonably safe condition when foreseeable harm is not foreclosed.
Key facts
- Lisa McWhorter was a business invitee leaving a Tampa Bay Rays game at Tropicana Field in July 2021 when she tripped over a metal battery case (approximately 6 inches high and 14 inches long) that an Event Services security guard had set on the open floor of the entrance rotunda and failed to retrieve before walking away.
- The battery case was left on the floor in a well-lit, high-traffic rotunda where crowds of baseball fans routinely walked; the entire incident was captured on video showing the case was placed and McWhorter tripped over it in under one minute, and the guard apologized to her after she fell.
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Holdings
- A business invitee's negligence claim triggers two distinct duties: (1) to maintain the property in a reasonably safe condition; and (2) to warn of dangers of which the possessor has or…
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Why it matters
Reinforces the well-established but frequently litigated principle that an open-and-obvious condition defeats a duty-to-warn claim but not necessarily a duty-to-maintain claim. Particularly instructive for stadium and… — full analysis with a trial
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