· 7/16/1997
Barrio v. City of Miami
Citations
- 698 So. 2d 1241
- 1997 WL 394847
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that duty owed by landowner to person injured by third-party criminal attack on property was dependent on the injured person’s relationship to the property
- holding that an individual walking on a public beach after midnight when the beach was closed to the public was an uninvited licensee
- holding where material facts are not in dispute it is appropriate to determine legal status of visitor on property as a matter of law
- finding as a matter of law that the city breached no duty to plaintiff because, as to uninvited licensees, “the danger of crime and criminal assaults is an open and obvious danger for which there is no duty to warn”
- no reasonably implied invitation even though the City “did nothing to actively discour- age” visitation
- no reasonably implied invitation to be at the beach after posted hours even though the City was aware of after-hours visitors and “did nothing to actively discourage such visitation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nesbitt, Green and Sorondo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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