Pozanco v. FJB 6501, Inc.
A guest at a house party dove head-first into a private residential pool that was three feet deep at both ends and five feet in the middle, sustaining permanent injuries. The trial court granted summary judgment for the homeowner on the ground that the pool was an open and obvious danger. The Third District reversed, holding that the combination of the unconventional pool design, poor nighttime lighting, absence of warning signage, and planters obscuring one set of steps created a triable issue as to whether the pool constituted a hidden danger or trap giving rise to a duty to warn.
Key facts
- A guest at a residential pool party dove head-first into a private pool approximately three feet deep at both ends and five feet in the middle, sustaining permanent injuries.
- The homeowner moved for summary judgment on the ground that the pool constituted an open and obvious danger to which no duty of care was owed.
- +2 more key facts with a free trial
Why it matters
Useful authority for plaintiffs resisting 'open and obvious' summary judgment in premises cases: it collects the Third District's hidden danger/trap/optical illusion line (Echevarria, Bejarano, Lotto) and applies it to… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
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.