Brandon McConico v. Liquor Master, Inc., d/b/a Liquor Master #5, Orange Liquors, Inc., and Blake Carlton Property, LLC

Summary

The Sixth District Court of Appeal of Florida affirmed the circuit court’s decision in favor of the appellees. The court relied on Barrio v. City of Miami Beach, concluding that an uninvited licensee faces an open and obvious danger from criminal assaults for which there is no duty to warn.

Holdings

1. As a matter of law, no duty to warn an uninvited licensee exists for the danger of crime and criminal assaults when that danger is open and obvious.

Questions Presented

1. Whether the circuit court correctly resolved the premises-liability duty issue involving an uninvited licensee and the danger of criminal assault.

Disposition

affirmed