The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

View Entire Chapter

F.S. 768.10

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.

History.—s. 1, ch. 4051, 1891; GS 3152; RGS 4969; CGL 7056.

F.S. 768.10 on Google Scholar

F.S. 768.10 on Casetext

Amendments to 768.10

Arrestable Offenses / Crimes under Fla. Stat. 768.10

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.10.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ESTATE OF McCALL, v. UNITED STATES, 663 F. Supp. 2d 1276 (N.D. Fla. 2009)

. . . . §§ 768.10-768.26, permits survivors to recover the value of lost support and services from the date . . .

In MICHELEX LIMITED,, 195 B.R. 993 (Bankr. W.D. Mich. 1996)

. . . in this case, the universe of claims is increased by $75,937.55, i.e., from $1,102,830.55 to $1,178,-768.10 . . . schedules and making all necessary adjustments, the universe of claims under § 702(a)(1) is $1,178,-768.10 . . . amount necessary to request an election is calculated in accordance with the following formula: $1,178,-768.10 . . .

D. NEUMANN, K. a v. DAVIS WATER AND WASTE, INC. d b a, 433 So. 2d 559 (Fla. Dist. Ct. App. 1983)

. . . Likewise, an additional claim against Davis based on violation of section 768.10, Florida Statutes (1979 . . .

PUBLIX SUPER MARKETS, INC. a v. R. E. PEARSON, 315 So. 2d 98 (Fla. Dist. Ct. App. 1975)

. . . Florida Statutes, Section 768.10. . . .

DOWNS Q. II, v. UNITED STATES, 382 F. Supp. 713 (M.D. Tenn. 1974)

. . . . §§ 768.10 and 768.17. . Rule 1.210(a), Florida Rules of Civil Procedure (1967), 30 F.S.A. . . .

A. GLOAD, A. Jr. a v. BIRDSALL CONSTRUCTION COMPANY, a, 177 So. 2d 894 (Fla. Dist. Ct. App. 1965)

. . . The appellant’s first point on appeal concerns the applicability of Sections 768.10 and 768.11, Florida . . . (Section 768.10) “Any company or individual who may leave open pits or other holes contrary to the provisions . . . of § 768.10 shall be liable in damages to any person injured thereby in an amount double the actual . . . O’Neal, Fla.1950, 46 So.2d 25, has interpreted §§ 768.10 and 768.11, Florida Statutes, F.S.A., contrary . . . brought this action to recover damages for the wrongful death of her minor son, relying on Sections 768.10 . . .

MULLIKIN v. MAGRUDER,, 149 F.2d 593 (4th Cir. 1945)

. . . himself, his son and his brother; and (3) the interest of the decedent in the partnership valued at $95,-768.10 . . .