Charissa Frazier v. Panera, LLC

Summary

The Florida Fifth District Court of Appeal reversed a summary final judgment for Panera, LLC in a premises-liability action arising from a customer's trip over an unweighted sign base on a sidewalk. The court held that genuine issues of material fact existed regarding whether the base was open and obvious and whether Panera should have anticipated the danger. The court also emphasized that an obvious condition may discharge a duty to warn but does not eliminate the independent duty to maintain reasonably safe premises.

Holdings

1. The evidence presented a genuine issue of material fact as to whether the weighted sign base, without an attached sign and located in the direct path of customers, was an open and obvious condition.
2. Even if the weighted base was open and obvious, that condition would discharge only Panera's duty to warn; it would not eliminate Panera's separate and independent duty to maintain the premises in a reasonably safe condition.

Questions Presented

1. Whether genuine issues of material fact existed as to whether the weighted sign base was an open and obvious condition.
2. Whether, even if the base was open and obvious, Panera retained an independent duty to maintain its premises in a reasonably safe condition.
3. Whether summary judgment was proper on Frazier's premises-liability claims.

Disposition

reversed_and_remanded