Arencibia v. Agra
Docket: No. 89-2204
Court: District Court of Appeal of Florida; March 26, 1990; Florida; State Appellate Court
Jorge Arencibia appeals the dismissal of his second amended complaint against the estate of Jesus Agra, which was dismissed with prejudice. Arencibia was shot during a robbery at Agra's home, where he alleged that Agra was negligent for keeping large sums of money on the premises, a practice known in the community. He claimed that this constituted a dangerous condition and that Agra failed to provide adequate security for invitees, especially given a prior attempted robbery at the location. The court affirmed the dismissal, stating that homeowners have the right to keep personal property in their homes, and the mere presence of valuable items does not equate to a "dangerous condition" under premises liability law, referencing the Restatement (Second) of Torts.