According to Florida law, there is nothing inherently dangerous about a parking lot:
This Court has heretofore held, however, that there is nothing inherently dangerous about a parking lot. Foley v. Hialeah Race Course, Fla., 53 So.2d 771. In that case the complaint, involving a traffic injury on a parking lot, charged the defendant with negligence “in that there were an insufficient number of traffic attendants; that the said attendants were improperly stationed; that the said attendants were not performing their duties; and that there were insufficient traffic warning devices and controls.” This Court held such allegations insufficient to state a cause of action without some factual allegation showing a breach of duty proximately contributing to plaintiffs’ injury. The allegations of negligence in the case at bar are substantially similar to the allegations of negligence of that case but are in their context coupled with the added element of duty to anticipate the presence of small children. Such added element does not relieve the plaintiff of the necessity of establishing a proximate causal relation between his injury and some breach of duty by defendants. Our view of this case on the question of proximate cause makes it unnecessary for us to decide whether the complaint sufficiently stated a cause of action in the first instance.
The evidence does not show, nor do we perceive any attempt to show, that any special hazard existed on defendants’ parking area by reason of any defect in its physical condition, nor was the character of the traffic on the lot shown to by any more dangerous than such as attends normal movement of motor vehicles onto and from such facilities. Plaintiff’s judgment rests, however, on the proposition that defendants’ failure to supervise and control the parking and movement of vehicles on the parking area was, in some manner not clear to us, a proximate cause of plaintiff’s injury. We cannot agree.
See: Jackson v. Pike – 87 So.2d 410
Related:
_______________
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.
