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According to Florida case law as of the date of this article, there is no duty to warn of an obvious danger where a loader’s boom was open and obvious:

““A duty to warn arises where a product is inherently dangerous or has dangerous propensities…. However, there is no duty to warn of an obvious danger.” *545 Siemens Energy & Automation, Inc. v. Medina, 719 So.2d 312, 314 (Fla. 3d DCA 1998), review denied, 733 So.2d 516 (Fla.1999)(quoting Cohen v. General Motors Corp., Cadillac Div., 427 So.2d 389, 390–91 (Fla. 4th DCA 1983)); see also Perez v. National Presto Indus., Inc., 431 So.2d 667 (Fla. 3d DCA)(“[the] duty [to warn] extends only to those dangers which are not obvious”)(citing Clark v. Boeing Co., 395 So.2d 1226 (Fla. 3d DCA 1981)), review denied, 440 So.2d 352 (Fla.1983). Further, there is no duty to warn the plaintiff of a danger that he is aware of. See Wickham v. Baltimore Copper Paint Co., 327 So.2d 826 (Fla. 3d DCA 1976) (holding that adequacy of the warning on the label was not a material issue where the plaintiff and his employer knew of and read the warning label and were cognizant of the dangers involved with using the product), cert. denied, 339 So.2d 1173 (Fla.1976).
In the instant case, the parties do not dispute that the loader was inherently dangerous. However, it is apparent from the record that the danger of coming into contact with the loader’s boom was open and obvious. Moreover, Rodriguez himself gave deposition testimony that he understood that if any part of his body went into the boom’s path, it would be crushed.
Because the danger was open and obvious and because Rodriguez was aware of the danger, the trial court correctly concluded that the defendants did not have a duty to warn and properly granted the defendants’ motion for partial summary judgment.”

See: Rodriguez v. New Holland North America, Inc. – 767 So.2d 543 (2000)




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