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Kaid v. Store Central Food Market, Inc.
Citations: 668 So. 2d 1110; 1996 Fla. App. LEXIS 2023; 1996 WL 93746Docket: No. 95-153
Court: District Court of Appeal of Florida; March 5, 1996; Florida; State Appellate Court
Muflih M. Raid's fourth amended complaint for premises liability was dismissed with prejudice, but the court found that it does state a cause of action. In premises liability cases, a plaintiff must demonstrate the defendant’s duty to the plaintiff, a breach of that duty through specific allegations, and that the defendant’s negligence was a proximate cause of the plaintiff’s injury. Property owners owe invitees two main duties: to maintain safe conditions and to warn of concealed dangers. In this case, Raid was visiting family at their store, Store Central Food Market, and was assisting a repairman, Moses, with an air conditioner. An improperly secured part of the air conditioner fell on him, causing injury. Raid's complaint established his status as an invitee and claimed that Store Central breached its duties. While the complaint did not explicitly state that Store Central's negligence caused his injuries, the court noted that such causation could be reasonably inferred. Consequently, the court reversed the dismissal of Raid's complaint and remanded the case for further proceedings.