Swan v. Publix Supermarkets Inc.

On July 5, 2023, the Florida Fifth District Court of Appeal decided Swan v. Publix Supermarkets Inc. The plaintiff, Swan, sued Publix for negligence after tripping over a concrete wheel stop in the supermarket parking lot and sustaining injuries. The trial court granted summary judgment in favor of Publix, concluding the wheel stop was an open and obvious condition that did not require a warning. Swan appealed, but the appellate court affirmed, holding that a reasonable person would have observed the hazard. The ruling reinforced the principle that property owners are generally not liable for injuries caused by dangers that are plainly visible and commonly encountered in everyday life.

The appellate court affirmed the trial court's summary judgment in favor of Publix Supermarkets Inc., holding that the supermarket was not liable for the plaintiff's injuries because the hazard was open and obvious.

Whether Publix Supermarkets had a duty to warn the plaintiff about a wheel stop in the parking lot, which was determined to be an open and obvious danger, thereby relieving the property owner of liability.

The decision solidified the open and obvious danger doctrine in Florida premises liability law, making it significantly more challenging for plaintiffs to prevail in slip-and-fall cases involving common, visible hazards. It emphasized the expectation that individuals must exercise reasonable care for their own safety.