768.10 Pits and holes not to be left open.—It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth and breadth than 2 feet; provided, however, such pit or hole may be left open by enclosing the same with a fence or other enclosure that would be a safeguard against horses, cattle or other domestic animals falling into the same; provided further, that this section shall not apply to pits or holes made by any company or individual while bona fide engaged in actual mining operations, such pits and holes to be enclosed as herein provided when said mining operations shall cease or be discontinued.
Cited 18 times | Published | Florida 2nd District Court of Appeal
...Paver Development Corp., 369 So.2d 971 (Fla. 2d DCA 1979); Alvarez v. DeAguirre, 395 So.2d 213 (Fla. 3d DCA 1981). Therefore, the trial court did not err in dismissing the strict liability claim against Davis. Likewise, an additional claim against Davis based on violation of section 768.10, Florida Statutes (1979), was properly dismissed....
...93 (1951).] [3] The use of the waters of an artificial lake are often determined by means of restrictive covenants in deeds or recorded plats dedicating an easement for recreational uses. See, Wilson v. Owen, 261 S.W.2d 19 (Mo. 1953); Reiger v. Anchor Post Products, Inc., Fla.App.3d 1968, 210 So.2d 283. [4] Florida Statutes, Section 768.10.
operations shall' cease or be discontinued.” (Section 768.10) “Any company or individual who may leave open
This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 768 matters in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.
