Why Florida “Landscape” Injury Cases Are So Hard Now – And How We’re Still Winning Them

If you got hurt walking through the grass, a median, or a landscaped area in Florida, you’ve probably already heard some version of this:

“Those cases are impossible now. Courts just throw them out.”

There’s some truth to that. Recent Florida appellate decisions have made “landscape” trip-and-fall cases very defense-friendly, and judges are increasingly granting summary judgment for property owners before a jury ever hears the case.

But that’s not the whole story.

At Rue & Ziffra, we’ve successfully handled complex landscape cases—including one  recently which involved a hidden, man-made hole in the grass that we were able to resolve in favor of our client. These cases are difficult, but with the right facts, investigations, and experts, they are winnable.

How Florida Courts Are Treating Landscape Cases

When we say “landscape case,” we’re talking about injuries in places like:

• Grassy medians or swales
• Mulch or planting beds
• Grass strips between parking and a building
• Decorative landscape islands around lots or driveways

In Sierra Orlando Properties v. Allen (2025), the court reversed a verdict for an injured pedestrian and held the property owner owed no duty where:

• The plaintiff left the paved area and stepped over a curb into a grassy median
• A sidewalk was available just a couple of spaces away
• There was no evidence the business intended people to walk through the median

Other cases—like Wolf v. Sam’s East, Dampier v. Morgan Tire, and City of Melbourne v. Dunn—follow the same pattern. When someone:

• Walks through obvious landscaping (tree roots, stumps, raised planters), and
• Could have stayed on a sidewalk or marked path, courts often grant summary judgment to the defense.

That’s the reality today: judges are quicker to throw these cases out on paper if they look like “shortcut through the shrubs” cases.

When a Landscape Case May Still Be Strong

Despite that trend, there are important factors that keep the door open for seriously injured people.

We look closely at:

• Whether there were enough parking spaces under local code
• Whether people realistically had to walk through the grass to avoid a busy road
• Whether they were forced off the intended path to avoid an oncoming danger
• Whether there was no true sidewalk or safe marked path to the entrance
• Whether pedestrians were virtually invited to walk through the landscaped area

In one of our wrongful-death landscape case, parishioners had limited parking and a busy roadway. Walking through the grass wasn’t just a shortcut—it was the safest practical route. That made it entirely foreseeable that invitees would use that area on foot.

Why You Need a Lawyer Who Knows This Niche Area

Because of these newer decisions, landscape cases in places like Winter Park, Lake Mary, and DeLand demand:

• Early scene photos and video
• Careful analysis of parking, walkways, and traffic patterns
• Use of Google Earth and code provisions to show how long a hazard existed
• Expert support (such as engineers or building inspectors) to explain why the condition was unreasonably dangerous and foreseeable

These are not simple claims. The defense will almost always argue:

• No duty (area not intended for pedestrians)
• Open and obvious condition
• You should have stayed on the sidewalk (even when one doesn’t really exist)

We’ve seen these arguments before—and we’ve beaten them.

Injured in a Landscape Area in Winter Park, Lake Mary, or DeLand?

If you or a loved one were hurt in a grassy median, mulch bed, or other landscaped area in Winter Park, Lake Mary, DeLand, or anywhere in Central Florida, we’re here to help.

At Rue & Ziffra, we’ve spent decades handling complex premises-liability cases, including tough landscape claims, and we understand both the defense-friendly trend in the courts and the paths to winning when the facts support it.

Call us today for a free, no-obligation consultation, and let us review your case under the most current Florida law. We’re local, we’re experienced, and we’re prepared for the summary-judgment battles that come with these cases.