Inherently Dangerous Activity

47 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Atl. Coast Dev. Corp. v. Napoleon Steel Contractors, Inc.
  385 So. 2d 676· Fla. 3d DCA· 1980-06-10 ·cited 118×
  Atlantic Coast Development Corporation appeals a judgment awarding common law indemnity to Nelacar and Napoleon Steel Contractors following a wrongful death settlement. The court addresses whether a party owing a nondelegable duty (operating a crane on a construction site) can de
• United States v. Delora Huff Page
  350 F.2d 28· 10th Cir.· 1965-08-18 ·cited 72×
  The United States is not liable under the Federal Tort Claims Act for the negligence of an independent contractor, even if the government retained rights to inspect or supervise, or if the work was inherently dangerous.
• Emelwon, Inc. v. United States
  391 F.2d 9· 5th Cir.· 1968-02-20 ·cited 39×
  The court held that the district court erred in directing a verdict for the United States because Florida law provides two theories under which the United States could be liable for the actions of an independent contractor: knowledge of a dangerous condition created by the contra
• Brien v. 18925 Collins Ave. Corp.
  233 So. 2d 847· Fla. 3d DCA· 1970-04-14 ·cited 37×
  A property owner is not vicariously liable for the negligent acts of an independent contractor's security guard, especially when the owner exercises no supervision or control over the guard.
• Am. Auto. Ass'n, Inc. v. Feraidoon Tehrani and Aghdas Tehrani and Saad Lorestani and Zoreh Lorestani
  508 So. 2d 365· Fla. 1st DCA· 1987-02-17 ·cited 28×
  This consolidated appeal involves a vehicular accident between a wrecker operated by defendants and a vehicle carrying plaintiffs as passengers. The trial court excluded the defendants' seat belt defense and admitted evidence regarding the agency relationship between a service st
• Gen. Portland Land Dev. Co. & Greater Fla. Inv. v. Stevens
  395 So. 2d 1296· Fla. 4th DCA· 1981-04-15 ·cited 24×
  Old Port Cove appealed summary judgment granted in favor of Hembree Masonry on Old Port Cove's indemnity claim arising from a worker injury caused by negligent operation of a buck hoist. The court reversed and remanded, holding that material factual questions remained unresolved
• E.J. Strickland Constr., Inc. v. Dep't OF Agric. & Consumer Servs. OF Fla.
  515 So. 2d 1331· Fla. 5th DCA· 1987-11-19 ·cited 21×
  E.J. Strickland Construction appeals a summary judgment dismissing its negligence and conversion claims against the Department of Agriculture and Orange County Sheriff's Department for seizing and selling Strickland's tractor. The court reversed, holding that sovereign immunity d
• Dickerson, Inc. v. United States
  875 F.2d 1577· 11th Cir.· 1989-06-27 ·cited 19×
  The United States is not exempt from liability under the FTCA for improper hazardous waste disposal due to the discretionary-function and independent-contractor exceptions, as the government had a nondelegable duty under Florida law for inherently dangerous activities.
• McCALL v. Ala. Bruno's, Inc.
  647 So. 2d 175· Fla. 1st DCA· 1994-06-29 ·cited 16×
  Ruth McCall sued Alabama Bruno's, Inc. for injuries sustained in a slip-and-fall accident on a wet floor created by an independent contractor cleaning service. The Florida appellate court reversed summary judgment for the store, holding that genuine issues of material fact existe
• Wilson v. Good Humor Corp. & David A. Williams
  757 F.2d 1293· D.C. Cir.· 1985-03-26 ·cited 16×
  The court held that the defendant Good Humor may have a duty to warn its independent contractors of peculiar risks associated with curbside ice cream sales, but the extent of this duty is not definitively settled by the majority.
• Williams v. Wometco Enters., Inc.
  287 So. 2d 353· Fla. 3d DCA· 1973-12-18 ·cited 16×
  The court held that the property owner was not vicariously liable for the security guard's actions because there was no evidence of the owner's notice of the guard's dangerous propensities.
• In re the Est. OF Chad Starling. Dewayne Y. Starling & Wilma C. Starling v. Asis Saha and Barbara Saha
  451 So. 2d 516· Fla. 5th DCA· 1984-05-10 ·cited 14×
  The Starlings appealed from summary judgment dismissing their negligence claim and the trial court's dismissal of their attractive nuisance count after their son drowned in a pond operated by independent contractors on the Sahas' property. The court affirmed the negligence dismis
• United NEW York Sandy Hook Pilots Ass'n v. Rodermond Indus., Inc.
  394 F.2d 65· 3d Cir.· 1968-03-22 ·cited 14×
  The court held that a shipowner's claim for indemnity against contractors for breach of the warranty of workmanlike performance is governed by federal maritime law, not state law, and that the contractors were not timely vouched in, thus not bound by prior state court findings.
• Tropea v. Shell OIL Co. & Maripet Supply Corp.
  307 F.2d 757· 2d Cir.· 1962-08-13 ·cited 14×
  The dissenting judge would reverse the judgment and grant a new trial as to Maripet due to prejudicial references to the plaintiff's children by plaintiff's counsel.
• Lathers v. Penguin Indus., Inc.
  687 F.2d 69· 5th Cir.· 1982-09-27 ·cited 13×
  The United States government owed no legal duty of care to the employees of its independent contractor, therefore, the contractor is not entitled to contribution from the government.
• Publix Super Mkt., Inc. v. Sanchez
  700 So. 2d 405· Fla. 3d DCA· 1997-09-17 ·cited 12×
  The court held that a store owner cannot be held liable for a slip-and-fall on a transitory substance unless the owner had actual or constructive notice of the condition, or the condition arose from an inherently dangerous or negligently conducted method of operation.
• Walden v. United States Steel Corp.
  759 F.2d 834· 11th Cir.· 1985-05-06 ·cited 12×
  The court affirmed the denial of judgment n.o.v. on two negligence theories and certified a third theory regarding landowner duty to the Alabama Supreme Court.
• Welch v. Heat Research Corp.
  644 F.2d 487· 5th Cir.· 1981-05-07 ·cited 12×
  A defendant generally has no duty to warn of dangers that are not reasonably anticipated, especially when an independent contractor controls the fabrication process.
• Kosters v. The Seven-Up Co.
  595 F.2d 347· 6th Cir.· 1979-03-26 ·cited 12×
  The court held that the jury instructions on inherently dangerous activity, opportunity to change design, and third-party beneficiary status were erroneous and constituted reversible error, requiring a new trial.
• Baum v. United States
  427 F.2d 215· 5th Cir.· 1970-06-02 ·cited 12×
  The Government, as owner of a drydocked vessel undergoing repair by an independent contractor, does not owe a duty to the contractor's employees to provide a safe place to work when it relinquishes control of the vessel, work area, and safety procedures.
• Transit Cas. Co. v. Transamerica Ins. Co.
  387 F.2d 1011· 8th Cir.· 1967-12-20 ·cited 12×
  The court held that it was prejudicial error to interject the issue of reinsurance into the trial and that the trial court erred in refusing to submit Count II to the jury.
• Payne H. Midyette v. Madison
  559 So. 2d 1126· Fla.· 1990-04-12 ·cited 11×
  An employer is vicariously liable for the negligence of an independent contractor when the work performed, such as clearing land by fire and creating smoke, is inherently dangerous.
• Peter G. Noack f/u/b/o Am. States Ins. Co. v. B. L. Watters, Inc.
  410 So. 2d 1375· Fla. 5th DCA· 1982-03-17 ·cited 10×
  American States Insurance Company, subrogated to the rights of a homeowner, appealed a summary judgment dismissing its negligence action against a home builder for damages caused by a defectively installed propane gas system. The court reversed, holding that genuine issues of mat
• Roscoe Lindler and Tommy L. Davis v. Dist. OF Columbia
  502 F.2d 495· D.C. Cir.· 1974-08-23 ·cited 10×
  The District, as a contractee for inherently dangerous work, can be held liable to its contractor's employees for injuries resulting from that work, and workmen's compensation does not bar such suits.
• Karen W. Doak and husband v. Green
  677 So. 2d 301· Fla. 1st DCA· 1996-01-08 ·cited 8×
  The court held that whether hauling logs constitutes an inherently dangerous activity is generally a question of fact for the jury, not a matter of law for the court.
• Madison v. Payne H. Midyette
  541 So. 2d 1315· Fla. 1st DCA· 1989-04-14 ·cited 8×
  A Florida appellate court reversed summary judgment in a negligence case arising from a multi-vehicle accident allegedly caused by smoke from land-clearing fires. The court held that while the land-clearing contractor was an independent contractor, land clearing by fire constitut
• Borquez v. United States
  773 F.2d 1050· 9th Cir.· 1985-10-10 ·cited 8×
  The United States had a duty to warn recreational visitors of dangerous conditions at the Roosevelt Power Canal Diversion Dam due to the Forest Service's management and administration of the area for recreational purposes.
• West v. Morrison-Knudsen Co., Inc.
  451 F.2d 493· 9th Cir.· 1971-11-08 ·cited 8×
  A general contractor is not liable to an employee of a subcontractor for injuries arising from the subcontractor's work, even if safety provisions are incorporated into the prime contract, unless the general contractor retained control over the means and methods of the work.
• United States Fid. & Guar. Co. v. United States
  446 F.2d 851· 10th Cir.· 1971-08-17 ·cited 6×
  The court held that the United States, as the owner of premises where work was performed by an independent contractor, owed no duty to guard an employee of the contractor against dangers incident to the work when the owner neither reserved nor exercised direction or control over
• Murdock v. Emp'rs Ins. OF Wausau
  917 F.2d 1065· 8th Cir.· 1990-10-24 ·cited 4×
  The court held that the majority opinion erred by engaging in its own fact-finding and ignoring the clearly erroneous standard of review.
• Smyth v. Infrastructure Corp. OF Am. & Dep't of Transp.
  113 So. 3d 904· Fla. 2d DCA· 2013-01-25 ·cited 3×
  In this wrongful death case, the Florida Second District Court of Appeal reversed a summary judgment in favor of the Florida Department of Transportation and Infrastructure Corporation of America, holding that material questions of fact remained about whether the tractor operator
• Price v. Miller & Solomon Gen. Contractors, Inc.
  104 So. 3d 1251· Fla. 4th DCA· 2013-01-23 ·cited 3×
  The Prices appealed summary judgment granted in favor of Southern State Masonry and the denial of their motion to amend their complaint following Kenneth Price's construction accident injury. The appellate court reversed both orders, finding genuine issues of material fact preclu
• Conni Gordon v. Sanders
  692 So. 2d 939· Fla. 3d DCA· 1997-04-09 ·cited 2×
  The court held that the trial court erred in directing verdicts for the defendants because there was sufficient evidence to go to the jury on the issue of non-delegable duty.
• Palaidis v. United States
  564 F. Supp. 1397· M.D. Fla.· 1983-05-27 ·cited 2×
  The court held that the defendant United States breached no legal duty owed to the plaintiffs, as the overhead power line was an obvious danger and the plaintiffs' own negligence was the sole proximate cause of their injuries.
• Sewell v. Phillips Petroleum Co.
  606 F.2d 274· 10th Cir.· 1979-08-24 ·cited 2×
  The court affirmed the prior decision, finding the current appeal to be a belated petition for rehearing.
• Claudiatte Pierce v. Cook & Co., Inc.
  437 F.2d 1119· 10th Cir.· 1970-12-21 ·cited 2×
  Under Oklahoma law, a shipper is not liable for the negligence of an independent contractor hauler unless the work is unlawful or inherently dangerous, which ordinary truck hauling is not.
• Capitol Chevrolet Co. v. Lawrence Warehouse Co.
  227 F.2d 169· 9th Cir.· 1955-11-01 ·cited 2×
  A party guilty of a tort cannot recover contribution or indemnity from a joint tortfeasor.
• ICA Constr. Corp. v. Frederick R. Harris, Inc.
  701 So. 2d 113· Fla. 3d DCA· 1997-10-22 ·cited 1×
  This case involves a construction worker's injury and subsequent lawsuit against multiple parties. The appellate court reversed a lower court's judgment, finding that contractual indemnification provisions only covered vicarious liability, and there was no evidence of such liabil
• IAG Engine Ctr. Corp. v. Cagney Global Logistics, Inc.
  S.D. Fla.· 2020-11-17
  The court held that the state law claims were preempted by the Carmack Amendment, and the inclusion of the Underwriters as plaintiffs violated the bankruptcy court's automatic stay order because the order did not contemplate their involvement.
• Dharmi P. Shah & Space Coast Petroleum Distribs., Inc. v. Bland
  973 So. 2d 1188· Fla. 2d DCA· 2008-01-11
  Defendants appealed a $290,000 judgment for Mrs. Bland's injuries sustained as a passenger in a car driven by her husband, arguing the judgment should be reduced because Mrs. Bland, as the vehicle owner, was vicariously liable for her husband's comparative negligence. The court a
• Dickerson, Inc. v. Holloway
  685 F. Supp. 1555· M.D. Fla.· 1987-04-27
  The United States government can be held liable under the Federal Tort Claims Act for the negligent selection and supervision of an independent contractor, even if the contractor's torts are not directly covered by the FTCA, when state law would hold a private party liable for si
• Schwab v. United States
  649 F. Supp. 1319· M.D. Fla.· 1986-12-15
  The United States is not liable under the FTCA for the negligence of an independent contractor or its employees, nor for the negligent performance of a voluntary undertaking to provide safety inspections, unless the government's involvement rises to the level of a joint endeavor.
• Skow v. Dep't OF Transp.
  468 So. 2d 422· Fla. 1st DCA· 1985-05-01
  Timmy Skow, an employee of an independent contractor, was injured while working on a DOT bridge construction project and sued DOT for negligence. The court affirmed summary judgment for DOT, holding that DOT owed no duty to Skow because DOT's supervision was limited to result-ins
• Petty v. Houston Homes, Inc.
  386 So. 2d 276· Fla. 1st DCA· 1980-06-06
  The Florida District Court of Appeal affirmed a summary judgment for Houston Homes, Inc. The court held that Houston Homes was not liable for the alleged negligence of a termite contractor, Breeden, because Breeden had become the contractor for the new homeowner, not Houston Home
• In re the Amended Petition of Alva S.S. Co., Ltd. v. The City OF NEW York
  616 F.2d 605· 2d Cir.· 1980-01-30
  The court held that the shipowner and salvor were negligent and liable for damages, but reversed the finding of negligence against the City of New York. The court reallocated the City's share of liability between the owner and salvor.
• Courtney v. Island Creek Coal Co.
  474 F.2d 468· 6th Cir.· 1973-03-01
  An owner is not liable for the torts of an independent contractor unless the work involves a special danger, and failure to comply with safety regulations for equipment owned and controlled by the contractor does not make the work inherently dangerous for purposes of owner liabil
• Breece v. J. F. Chapman & SON, Inc.
  302 F.2d 581· 3d Cir.· 1962-04-17
  The court held that the accident was caused by the subcontractor's collateral negligence in using a poorly repaired hose, not by an inherently dangerous activity, thus the general contractor is not liable.