Florida Supreme Court Rules on Liability for Bushes in RIght of Way

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Homeowners who let bushes, shrubs and trees extend into the public
right of way may be held liable if the foliage contributes to
accidents by blocking motorists' view, the Florida Supreme Court ruled
Wednesday in Williams vs. Davis.

The Court distinguished risks created by private owners for foliage
which may obstruct views, but does not extend into the right of way
from foliage which extends beyond the property lines. In the case
before the Supreme Court, the landowner was not liable for a deadly
accident because the shrubbery did not extend beyond the property
lines.

The Court compared the new case with Whitt v. Silverman, 788 So. 2d
210 (Fla. 2001) which stands for the proposition that a business may
be held liable to pedestrian passers-by by reason of the failure of
the business to provide safe egress to vehicles exiting the premises.

In summary, under current Florida law, a business owner may be liable
for allowing foliage to obstruct views if the risk is foreseeable,
even if there is no encroachment over the boundary lines. Private
owners; however, are subject to claims only if they allow the foliage
to grow into the right of way. Remember that the right of way is the
property boundary line, not the paved surface.

The new case does not answer the question of whether common area owned
by an association is commercial or "private" for the purposes of the
above analysis.


A COPY OF THIS CASE IS POSTED ON THE FILES SECTION OF THIS GROUP SITE>