Last month, Florida’s Fifth District Court of Appeals issued a written opinion in a premises liability case brought by a man who tripped and fell on an unsecured cord while rehearsing with a church band. The court had to determine if the plaintiff’s potential knowledge of the hazard – having been playing with the band for several years – resulted in his expressly assuming any risk of injury. Ultimately, the court concluded that under Florida law, the doctrine of express assumption of the risk applies only in certain limited situations, one of which was not present in the plaintiff’s case.
The plaintiff joined the defendant church in 2008. In the next year, he started playing in the church band. For the next two years, there were no issues; however, in 2011, the plaintiff tripped and fell on the bass guitarist’s electrical cord. The plaintiff filed a premises liability lawsuit against the church, claiming that the church was negligent in failing to maintain the premises in a reasonably safe condition.
The church argued that it should not be held liable because the plaintiff knew or should have known about the dangerous condition and assumed the risk of injury by performing on stage for the past two years. The trial court agreed, finding that the plaintiff expressly assumed any risk of injury, and dismissed the case.