Florida’s Second DCA Reinforces the Scope of Business Invitee Status
Tanner R. Cohen • September 14, 2026
A recent decision from the Second District Court of Appeal addressed an important principle of Florida premises liability law: a visitor’s status is not necessarily fixed upon entering a property. Rather, a visitor’s status may change depending on where the visitor goes and what the visitor is doing at the time of injury.
In SeaWorld Parks & Entm't LLC v. Abougamal, No. 2D2025-0588, 2026 WL 2651402 (Fla. 2d DCA Sept. 9, 2026), the minor plaintiff entered Busch Gardens as a ticketed business invitee and was permitted to enter a theater within the park. He later climbed onto a performance stage and a professional circus trampoline that was not intended for guest use and was injured while jumping off the trampoline. The Second District held that, by going beyond the scope of Busch Gardens’ invitation and using the area for his own entertainment, the plaintiff became, at most, an uninvited licensee at the time of injury.
The visitor’s status at the time and place of injury matters because that status determines the duty owed by the landowner. While business invitees are owed a heightened duty of reasonable care, the duty owed to an uninvited licensee is lessened to avoid willful or wanton harm and, upon discovery of the licensee’s presence, to warn of known dangers not open to ordinary observation. Because there was no evidence that Busch Gardens breached this lesser duty, the Second District reversed the judgment for the plaintiff and remanded for entry of judgment in favor of Busch Gardens.
Pennington is proud to congratulate our own Madeline Huggins on being named to the U.S. National Swim Team! Maddy is a graduate of Florida State University and former member of the FSU swim team. She now continues to train professionally at Florida State while also working as a legal assistant with the firm. Her selection to the U.S. National Team reflects an extraordinary level of dedication, discipline, and athletic achievement. Balancing the demands of professional training with her work at the firm makes the accomplishment even more impressive. Those who work with Maddy know the focus, energy, and determination she brings to everything she does. We are proud to have her as part of the Pennington team and excited to see her accomplishments recognized on the national stage. Congratulations, Maddy. We look forward to cheering you on and seeing what comes next!!
The Pennington team hit the lanes this week for our annual bowling competition. It was a fun chance to unwind, spend time together out of the office, and see who takes bowling a little more seriously than they let on. Congratulations to shareholder Michael Thomas, who took home the top score of the night and showed his skills extend well beyond the courtroom. Overall, it was a great night with an even greater group, and we’re already looking forward (and training) for the next firm outing.
The following attorneys have been recognized in 2027 BEST LAWYERS® IN AMERICA Tallahassee, Florida: Howard E. Adams (Recognized in Best Lawyers since 2018) Administrative / Regulatory Law Ben A. Andrews (Recognized in Best Lawyers since 2022) Product Liability Litigation - Defendants Professional Malpractice Law - Defendants J. Breck Brannen (Recognized in Best Lawyers since 2023) Administrative / Regulatory Law Real Estate Law Gerald Bryant (Recognized in Best Lawyers since 2023) Employment Law - Management Health Care Law J. Wiley Horton (Recognized in Best Lawyers since 2021) Commercial Litigation Litigation - Intellectual Property E. Murray Moore, Jr. (Recognized in Best Lawyers since 2021) Administrative / Regulatory Law Health Care Law Steven M. Puritz (Recognized in Best Lawyers since 2021) Personal Injury Litigation - Defendants Michael J. Thomas (Recognized in Best Lawyers since 2021) Litigation - Labor and Employment Medical Malpractice Law - Defendants Personal Injury Litigation - Defendants Product Liability Litigation - Defendants Tampa, Florida: Luis Viera (Recognized in Best Lawyers since 2021) Personal Injury Litigation – Defendants The following attorneys have been recognized in 2027 BEST LAWYERS: Ones to Watch® in America Tallahassee, Florida: Chase Boswell (Recognized in Best Lawyers: Ones to Watch in America since 2024) Insurance Law Medical Malpractice Law - Defendants Stephanie Clark (Recognized in Best Lawyers: Ones to Watch in America since 2024) Employee Benefits (ERISA) Law Health Care Law Insurance Law Labor and Employment Law - Management Personal Injury Litigation - Defendants Professional Malpractice Law Rachel Givens (Recognized in Best Lawyers: Ones to Watch in America since 2023) Administrative / Regulatory Law Family Law Health Care Law Real Estate Law Trusts and Estates Cody Short (Recognized in Best Lawyers: Ones to Watch in America since 2024) Commercial Litigation Litigation - Construction Medical Malpractice Law - Defendants See our attorneys' Best Lawyers profiles at https://www.bestlawyers.com/
Steve Puritz was recognized by Best Lawyers® as the 2027 Personal Injury Litigation – Defendants, “Lawyer of the Year” award winner in Tallahassee, Florida. This accolade represents a rare and distinguished honor, which is based on the highest aggregate peer feedback. “Lawyer of the Year” designations are only reserved for one individual attorney per practice area in each metropolitan region. When asked about this achievement, Steve said, “This honor is a testament to the critical contributions and hard work put forth by the incredible team of professionals I am grateful to get to work with every day. This recognition would not have been possible without the collective effort of the team, as a whole.” Steve Puritz’s legal practice includes the defense of claims involving premises liability, construction liability, construction defect, product liability, automobile negligence, and insurance coverage. Prior to joining Pennington P.A. in 2006, Steve spent thirteen years at another Tallahassee law firm that specialized in insurance defense. Steve has tried cases throughout most of North Florida and parts of Central Florida. Steve graduated from law school at Florida State University with Honors and also received a Bachelor of Science Degree in Finance from Florida State University. Steve is licensed to practice in all State and Federal Courts in Florida, and he has been recognized in The Best Lawyers in America® since 2021. Steve also has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability, and has been named Legal Elite by Florida Trend Magazine. https://www.bestlawyers.com/lawyers/steven-m-steve-puritz/255143
We are proud to announce that attorney Chase Boswell is celebrating his tenth anniversary at Pennington this year. We appreciate his decade of dedicated service to the firm, and extend our sincere congratulations on this remarkable milestone. Chase Boswell’s practice focuses on insurance defense litigation, including medical/dental malpractice, product liability, premises liability, toxic torts, and auto/trucking litigation. Chase is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida and the U.S. District Court for the Southern District of Georgia. Chase has also been admitted to practice before the United States Court of Appeals for the Eleventh Circuit. Chase has been recognized as a Florida Trend’s Florida Legal Elite “Up & Comer.” This honor was bestowed on only 111 attorneys and acknowledged those attorneys under the age of 40 who have exhibited leadership in the law and in their community. Chase has also been recognized in Best Lawyers: Ones to Watch ® in America since 2024, in the practice areas of Medical Malpractice Law for Defendants and Insurance Law. Chase received his B.S. in Business Management at the University of South Florida, where he also played tight end and fullback for the USF football team and was an executive board officer for the Sigma Alpha Epsilon fraternity. Chase graduated magna cum laude from Mercer University’s Walter F. George School of Law and received his Certificate in Advanced Legal Writing, Research, & Drafting. As a law student, Chase was a member of the Mercer Advocacy Council and was elected as the Moot Court Chair for Phi Delta Phi Legal Honor Society. Chase was also a member of the Mercer Corporate Moot Court team and traveled to Delaware to represent Mercer Law School in the Ruby R. Vale Corporate Moot Court Competition. Following graduation, Chase was inducted into the Brainerd Currie Honor Society in recognition of excellence in academics and advocacy skills. In his personal life, Chase is an avid hunter, fisherman, and sportsman, as well as an ardent supporter of USF athletics. Pennington is pleased to recognize Chase Boswell on this significant achievement, and we look forward to his continued service and commitment to the firm!
Shareholder Christopher L. Hill recently presented at lectures for the Nurse Residency Program at Tallahassee Memorial Hospital (“TMH”) concerning the litigation process. The audience was a group of nursing residency program members. TMH’s Nurse Residency Program is the only accredited nurse residency program in the region, and it bridges the gap between classroom learning and direct patient care. The participants, all new nurse graduates that were part of the year-long mandatory Nurse Residency Program at TMH, were active and engaged during the lecture, asking numerous questions regarding how litigation is handled when nursing care is involved. Christopher Hill obtained his undergraduate degree and law degree from Florida State University. Christopher L. Hill’s practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.
Partner Leean Chojnowski recently led a roundtable discussion between Continuing Care Retirement Community providers regarding recent examinations by the Florida Office of Insurance Regulation at the 63rd Annual LeadingAge Southeast Convention & Exposition in Orlando, Florida. New and experienced providers discussed challenges, new and unusual issues, responding to exam findings, and how to prepare for exams. Ms. Chojnowski advises and represents for-profit and not-for-profit senior living providers ranging from single-site providers to national organizations. Our senior housing clients include independent living, assisted living, memory care, and skilled nursing providers; continuing care retirement communities; management companies; investors; and others in the senior housing industry. Pennington has the depth of talent, experience, and resources to provide solutions to the most complex legal or regulatory issues, while providing clients with the accessibility and responsiveness usually associated with smaller firms.
Last month, The Florida Bar held its annual convention, during which numerous groups and organizations throughout the state meet to discuss issues and, in some cases, elect members of their respective boards. During convention, Christopher Hill has was reappointed for a three-year board term to the Florida State University College of Law Alumni Board at the June 17, 2026, board meeting. Chris was previously a Director for the Florida State Law Alumni Association Board of Directors and served as a Presidential Appointment on the Board of Directors since his graduation from law school in 2018. As a Director, Chris is responsible for sitting on one of the standing committees and assisting the College of Law in the area of development, alumni outreach, career services, or student recruitment. Additionally, Chris will attend board meetings and various other events and meet-ups throughout the next year. Christopher Hill obtained his undergraduate degree and law degree from Florida State University. His practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.
This past weekend, the Pennington associates put their teamwork and analytical skills to the test at an escape room. Despite the pressure, the group worked together to complete the one-hour challenge in just 36 minutes. A fun night, an impressive finish, and a great time all around!
Partner Chad Dunn was recently published as a co-author of “The Need for a Dedicated Surgical Consent Framework for Robotic Telesurgery: A Global Call to Action” in the Journal of Robotic Surgery. The article was a result of the Society of Robotic Surgery (SRS) Telesurgery Conference, which occurred in February of 2026 at AdventHealth in Celebration, Florida. Chad was invited to speak at the conference on medico-legal challenges in telesurgery, including informed consent. Robotic telesurgery is an emerging field in medicine whereby operating surgeons utilize a secure digital interface to perform remote surgical procedures through control of a robotic system. This rapidly expanding global practice allows for surgeons thousands of miles away to perform complex procedures with precision, thus leading to greater access to treatment and opportunity for underserved regions to receive healthcare that would otherwise be out of reach. As telesurgery develops, so too do the legal challenges that accompany any novel medical field. It is crucial that a dedicated consent framework is developed to address the specific ethical, technical, and safety considerations introduced by remote operation. Chad is proud to have been able to provide insight into the legal implications of this evolving field.