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Contractor did demolition work for the Developer. A month later, a jogger broke his ankle on a piece of re-bar that extended on to the sidewalk, adjacent to the project site. The jogger sued the Developer.
Under Florida law, the Developer is not normally liable for the acts of an independent contractor, but can be liable if the Developer had actual or constructive notice of the dangerous condition. A photograph of the accident scene showed the re-bar extending from a debris pile. The appellate court ruled that a one month interval between the completion of the demolition work and the accident was sufficient to create constructive notice to the Developer of the dangerous condition.
Moral: To paraphrase Joseph Heller, a concern for joggers' safety in the face of dangers that are real or imagined is the process of a rational mind. Hirschenson v. Westway Inc., 728 So.2d 1216 (Fla. 3DCA 1999). |
