I Stepped Into an Unfilled Tree Hole in a Parking Lot. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
When a tree is removed from a pedestrian-accessible parking area, leaving an unfilled or inadequately restored opening can raise questions about who created and maintained the condition.
From a Case I Handled
I handled a case involving a casino parking lot where a tree had been removed and the resulting area allegedly was not properly filled. My client's foot entered the hole and a fracture resulted.
What I Look For
In a matter like this, I would investigate: photos and dimensions; landscaping and contractor records; work orders; date of removal; inspection records; control of the lot; warnings or barriers; surveillance.
What This Case Teaches About Negligence
A property defect allegedly created during maintenance work can lead directly to questions about who performed and supervised that work.
When the dangerous condition was created by the property owner's own contractor or maintenance crew, the notice analysis differs from a third-party spill. Work orders and contractor agreements can establish exactly when the condition was created and who was responsible for restoring the area.
Applicable Florida Law
Florida premises liability law holds property owners responsible for hazards created by their own maintenance operations. When a contractor creates a dangerous condition, both the property owner and the contractor may have liability. See Fla. Stat. § 768.81; Florida common law on premises liability.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
Can I sue both the property owner and the contractor?
Potentially yes. If a contractor created the dangerous condition, both the property owner (for failing to ensure safe restoration) and the contractor (for the defective work) may have liability. Florida's comparative fault system allows apportionment among multiple defendants.
What if there were no warning signs around the hole?
The absence of warnings or barriers around a known hazard is relevant evidence of negligence. Property owners have a duty to warn of or correct dangerous conditions on their premises.
How important are work orders in this type of case?
Very important. Work orders establish when the tree was removed, who performed the work, and what restoration was required. They can directly establish that the property owner created the dangerous condition.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728