Leffler v. Sharp

891 So.2d 152 (2003)

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Nature of the Case

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Facts

P visited the Quarter Inn, a restaurant and lounge and noticed an open window leading to the rooftop. After P observed individuals on the rooftop, he presumed the area was open to Quarter Inn patrons. Although a locked glass door with 'NOT AN EXIT' stenciled on the glass was only four feet away, P entered the roof through the open window. As he was walking on the rooftop, he fell through the roof approximately twenty feet to the ground. Ds assert that the roof was never part of the currently leased premises. The lease agreement offered included the provision that 'lessees will not have access to the roof terrace at the rear of 1302 Washington Street.' Ds had consulted with an architect and structural engineer who advised them that the roof was not safe for patrons. Ds had decided that they would weld bars over the window in order to keep people off of the roof but that was never done. The lower court classified P as a trespasser and granted summary judgment to Ds. P appealed.