Imagine strolling through a parking garage, heading to your car after a pleasant morning walk, when—bam!—you trip over a concrete slab, hit the ground, and end up with a hefty medical bill. You sue the property owner, claiming negligence, but they say, “It was obvious—you should’ve seen it.” Sound familiar? A recent Florida ruling, Gwen Ortega v. JW Marriott Investment, LLC (Feb. 26, 2025), just flipped that defense on its head, and it could mean big things for slip-and-fall victims—or property owners facing lawsuits.
Here’s what happened: Gwen Ortega fell in the JW Marriott Turnberry Resort’s parking garage in Miami, tripping over a raised, unmarked concrete slab anchoring a gate-arm. She’d parked there for years as an employee, but on January 3, 2022, while visiting as a guest, the slab caught her off guard. She sued Turnberry for negligence, alleging it was a dangerous condition. Turnberry argued it was “open and obvious”—Ortega knew it was there, so no liability. They pointed to her deposition, where she admitted seeing the slab before and misjudging its height that day.
The trial court agreed with Turnberry, granting summary judgment—no trial needed. But the Third District Court of Appeal said not so fast. Ortega’s expert, a University of Miami engineering professor, argued the slab’s lack of paint or markings made it a “hidden trap,” blending into the floor and violating safety standards. The court ruled this expert evidence created a factual dispute: Was it really obvious, or dangerously deceptive? That’s for a jury to decide, not a judge to dismiss.
Why This Hits Home
For property owners, this is a wake-up call: a condition you think is obvious might still land you in court if it’s poorly marked or designed. For injured folks, it’s a lifeline—don’t let “you should’ve seen it” kill your claim when expert proof says otherwise. Think of it like a grocery store spill: a puddle might seem obvious, but if it’s the same color as the floor with no cone, is it really? The Third District says that’s a question for trial, not a quick out for defendants.
Time’s Ticking—Don’t Slip Up
Slip-and-fall cases are climbing in Florida, with aging properties and busy resorts like Turnberry in the crosshairs. Ortega shows courts won’t just rubber-stamp dismissals—hidden hazards matter, and you need to act fast.
Rosenthal Law Group is available to assist you with your legal needs. Contact us at (954) 384-9200 or www.rosenthalcounsel.com. We’ll dig into the details—expert reports, property codes, you name it—to keep you from tripping over legal hurdles.