768.11 Pits and holes; measure of damages.—Any company or individual who may leave open pits or other holes contrary to the provisions of s. 768.10 shall be liable in damages to any person injured thereby in an amount double the actual damages sustained, which may be recovered in any court of competent jurisdiction.
...Reversal would be required only if Pools had been found negligent and the jury had also apportioned fault among non-parties. As to the remaining points on appeal, the supreme court's holding in Nash forecloses the constitutional claim. Also, the trial court correctly denied the requested instruction, since section 768.11, Florida Statutes (1995), was inapplicable to this case....
This Florida statute resource is curated by this site's author, 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.
