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8 Florida opinions name it 2 courts 2005–2017 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Palm Beach-Broward Medical Imaging Center, Inc. v. Continental Grain Co.green2 sentences2012In Palm Beach-Broward Medical Imaging Center, Inc. v. Continental Grain Co., 715 So.2d 343 (Fla. 4th DCA 1998), we described the application of the foreseeable zone of risk test to determine the existence of legal duty, explaining that the focus should be on “the likelihood that a defendant’s conduct will result in the type of injury suffered by the plaintiff.” Id. at 345 . 2012In Palm Beach-Broward Medical Imaging Center, Inc. v. Continental Grain Co., 715 So.2d 343 (Fla. 4th DCA 1998), we described the application of the foreseeable zone of risk test to determine the existence of legal duty, explaining that the focus should be on “the likelihood that a defendant’s conduct will result in the type of injury suffered by the plaintiff.” Id. at 345 . | 2 | 3 |
Johnson v. HOWARD MARK PRODUCTIONSgreen2 sentences2017For example, in Johnson v. Howard Mark Productions, Inc., 608 So. 2d 937, 938 (Fla. 2d DCA 1992), the Second District Court of Appeal applied the foreseeable zone of risk standard when it reversed the trial court’s order, which had granted summary judgment in favor of Howard Mark Productions, Inc. (“HM Productions”) and found, as a matter of law, that HM Productions did not owe a duty of care to protect its invitees on property adjacent to its property. 2017For example, in Johnson v. Howard Mark Productions, Inc., 608 So. 2d 937, 938 (Fla. 2d DCA 1992), the Second District Court of Appeal applied the foreseeable zone of risk standard when it reversed the trial court’s order, which had granted summary judgment in favor of Howard Mark Productions, Inc. (“HM Productions”) and found, as a matter of law, that HM Productions did not owe a duty of care to protect its invitees on property adjacent to its property. | 1 | 1 |
Pinkerton-Hays Lumber Company v. Popegreen1 sentence2012“This aspect of foreseeability requires a court to evaluate ‘whether the type of negligent act involved in a particular case has so frequently previously resulted in the same type of injury or harm that ‘in the field of human experience’ the same type of result may be expected again.’ ” Id. at 345 (quoting Pinkerton-Hays Lumber Co. v. Pope, 127 So.2d 441, 443 (Fla.1961)). | 1 | 1 |
Kowkabany v. Home Depot, Inc.green1 sentence2005The duty issue is resolved by determining whether the defendant created a generalized and foreseeable risk of harming others."); Kowkabany v. Home Depot, Inc., 606 So.2d 716, 720 (Fla. 1st DCA 1992) ("Although McCain and the case at hand are factually dissimilar, we find the supreme court's analysis of duty to be not only instructive but controlling on the duty issue raised in the instant case."); see also Dykes v. City of Apalachicola, 645 So.2d 50, 52 (Fla. 1st DCA 1994) ("The general test for determining whether a duty exists to support a negligence action is whether a defendant's conduct c | 1 | 1 |
Stazenski v. Tennant Co.green1 sentence2005Our analysis here is concerned only with the duty element of foreseeability which is the legal threshold requirement `for opening the courthouse doors.' We must determine whether the allegations of the complaint are sufficient to satisfy the duty element of negligence."); Napoli v. Buchbinder, 685 So.2d 46 (Fla. 4th DCA 1996); White v. Whiddon, 670 So.2d 131 (Fla. 1st DCA 1996) (holding that the proper inquiry to determine whether a duty was owed is to apply the foreseeable zone of risk standard); Powers v. Ryder Truck Rental, Inc., 625 So.2d 979, 980 (Fla. 1st DCA 1993) ("This is a threshold | 1 | 1 |
Stevens v. Jeffersongreen1 sentence2005See Kaisner, 543 So.2d at 735 (citing Stevens v. Jefferson, 436 So.2d 33, 35 (Fla.1983)).... ... | 1 | 1 |
DYKES BY DYKES v. City of Apalachicolagreen1 sentence2005The duty issue is resolved by determining whether the defendant created a generalized and foreseeable risk of harming others."); Kowkabany v. Home Depot, Inc., 606 So.2d 716, 720 (Fla. 1st DCA 1992) ("Although McCain and the case at hand are factually dissimilar, we find the supreme court's analysis of duty to be not only instructive but controlling on the duty issue raised in the instant case."); see also Dykes v. City of Apalachicola, 645 So.2d 50, 52 (Fla. 1st DCA 1994) ("The general test for determining whether a duty exists to support a negligence action is whether a defendant's conduct c | 1 | 1 |
Powers v. Ryder Truck Rental, Inc.green1 sentence2005Our analysis here is concerned only with the duty element of foreseeability which is the legal threshold requirement `for opening the courthouse doors.' We must determine whether the allegations of the complaint are sufficient to satisfy the duty element of negligence."); Napoli v. Buchbinder, 685 So.2d 46 (Fla. 4th DCA 1996); White v. Whiddon, 670 So.2d 131 (Fla. 1st DCA 1996) (holding that the proper inquiry to determine whether a duty was owed is to apply the foreseeable zone of risk standard); Powers v. Ryder Truck Rental, Inc., 625 So.2d 979, 980 (Fla. 1st DCA 1993) ("This is a threshold | 1 | 1 |
Kaisner v. Kolbgreen1 sentence2005See Kaisner, 543 So.2d at 735 (citing Stevens v. Jefferson, 436 So.2d 33, 35 (Fla.1983)).... ... | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McCain v. Florida Power Corporation
green
2 sentences2014In Williams , the Florida Supreme Court considered whether the foreseeable zone of risk analysis espoused in McCain v. Florida Power Corp., 593 So.2d 500 (Fla.1992), applies to private owners of residential property. 2005In refusing to find that the landlord owed a duty to the child, our court rejected the application of the foreseeable zone of risk analysis of McCain v. Florida Power Corp., 593 So.2d 500 (Fla.1992). | 3 | 2005–2014 |
Michael & Philip, Inc. v. Sierra
green
2 sentences2014However, in applying this foreseeable zone of risk test, the district court concluded that it must “evaluate whether the type of negligent act involved in a particular case has so frequently previously resulted in the same type of injury or harm that ‘in the field of human experience’ the same type of result may be expected again.” Reider, 98 So.3d at 1226 (quoting Michael & Philip, Inc., 776 So.2d at 296-97 ) (quoting Palm Beach-Broward Med. 2012In applying the foreseeable zone of risk test, we evaluate “whether the type of negligent act involved in a particular case has so frequently previously resulted in the same type of injury or harm that ‘in the field of human experience’ the same type of result may be expected again.” Michael & Philip, Inc., 776 So.2d at 296 -97 (quoting Palm Beach-Broward Med. | 2 | 2012–2014 |
Mori v. Wachovia Bank, N.A.
green
1 sentence2014However, in applying this foreseeable zone of risk test, the district court concluded that it must “evaluate whether the type of negligent act involved in a particular case has so frequently previously resulted in the same type of injury or harm that ‘in the field of human experience’ the same type of result may be expected again.” Reider, 98 So.3d at 1226 (quoting Michael & Philip, Inc., 776 So.2d at 296-97 ) (quoting Palm Beach-Broward Med. | 1 | 2014–2014 |
Davidson v. Howard
green
2 sentences2006A landlord's duty in livestock fencing cases, rather than focusing on a foreseeable zone of risk analysis, is governed by what FPL deems a "unique set of statutory and common law rules establishing legal duties." In Davidson , the plaintiff was killed when his truck hit a cow. 438 So.2d at 900 . 2006The cow was owned by Weiser and Freidheim, Inc. Id. | 1 | 2006–2006 |
Napoli v. Buchbinder
green
1 sentence2005Our analysis here is concerned only with the duty element of foreseeability which is the legal threshold requirement `for opening the courthouse doors.' We must determine whether the allegations of the complaint are sufficient to satisfy the duty element of negligence."); Napoli v. Buchbinder, 685 So.2d 46 (Fla. 4th DCA 1996); White v. Whiddon, 670 So.2d 131 (Fla. 1st DCA 1996) (holding that the proper inquiry to determine whether a duty was owed is to apply the foreseeable zone of risk standard); Powers v. Ryder Truck Rental, Inc., 625 So.2d 979, 980 (Fla. 1st DCA 1993) ("This is a threshold | 1 | 2005–2005 |
Henderson v. Bowden
green
1 sentence2005Moreover, the courts of this state have consistently held that the foreseeable zone of risk standard adopted by McCain must be applied in order to properly determine whether a common law duty was owed in negligence cases. [1] For example, in *312 Henderson v. Bowden, 737 So.2d 532 (Fla. 1999), the court held: In McCain v. Florida Power Corp., 593 So.2d 500 (Fla.1992), this Court explained the legal analysis that a court must engage in when determining whether the defendant in a negligence action owed a duty of care to the plaintiff: The duty element of negligence focuses on whether the defenda | 1 | 2005–2005 |
White v. Whiddon
green
1 sentence2005Our analysis here is concerned only with the duty element of foreseeability which is the legal threshold requirement `for opening the courthouse doors.' We must determine whether the allegations of the complaint are sufficient to satisfy the duty element of negligence."); Napoli v. Buchbinder, 685 So.2d 46 (Fla. 4th DCA 1996); White v. Whiddon, 670 So.2d 131 (Fla. 1st DCA 1996) (holding that the proper inquiry to determine whether a duty was owed is to apply the foreseeable zone of risk standard); Powers v. Ryder Truck Rental, Inc., 625 So.2d 979, 980 (Fla. 1st DCA 1993) ("This is a threshold | 1 | 2005–2005 |
Whitt v. Silverman
green
1 sentence2005Specifically, the court in Whitt stated that the purpose of the decision in McCain is to "restate the general principles of negligence law and clarify the role that foreseeability plays in evaluating the duty and proximate cause elements of a common law negligence claim." Whitt, 788 So.2d at 216 . | 1 | 2005–2005 |