Recent Legal News – Wrongful Death Action – Intersection collision

Posted on September 4, 2011 by admin

The question posed to the Supreme Court of Florida is as follows;
DOES THE FORESEEABLE ZONE OF RISK ANALYSIS ESTABLISHED IN MCCAIN V. FLORIDA POWER CORP APPLY TO PRIVATE OWNERS OF RESIDENTIAL ROPERTY CONTAINING FOLIAGE THAT DOES NOT EXTEND INTO THE PUBLIC RIGHT-OF-WAY SO AS TO CREATE A DUTY BY THE LANDOWNER TO ADJACENT MOTORISTS?

The Supreme Court of Florida answered the following question in the negative, concluding that private property owners to do not owe a duty to motorists on abutting roadways as to the maintenance of foliage located wholly within the property

However, property owners DO owe a duty not to allow the growth of foliage on their property to extend outside the bounds of the property and into the public right-of-way so as to interfere with a motorist’s ability to safely travel on the adjacent roadway.

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