Utility that Cut Power to Traffic Light Owes Duty to Public

In Florida Power & Light v. Goldberg, 3D00-63 (Fla. 3DCA 2002), the Florida Third District Court of Appeal held that the failure of a utility company to notify a village before cutting power to a traffic light was a breach of a duty to the driving public.

In this case, a girl was killed in a traffic accident involving a traffic signal that was not working.  Prior to the accident, a utility company repair person cut power to a pole that controlled the traffic signal.  The power was turned off so that a repair could be made on a damaged line.

The Court found that the utility company’s duty arose from a contract between the utility company and the village whereby the utility company agreed to notify the village of any planned power outages.  In finding liability, the Court reasoned that the utility company intentionally cut the power and thus the failure of the utility company to advise the village of the loss of power prevented the village from sending a police officer to control the intersection.  The intentional act of cutting power and the failure to warn could not be ignored by the Court as it created a foreseeable risk to others that the utility company had a duty to prevent.

It should be noted that this case is distinguished from Arenado v. Florida Power & Light, 523 So.2d 628 (Fla. 4DCA 1988), which held that a utility company does not have a common-law duty to warn motorists for power outages to traffic signals that happen by way of an accident, storm or mechanical failure.

Landlord is Liable for Defective Work of Contractor

In Suarez v. Gonzalez, 820 So.2d 342 (Fla. 4th DCA 2002), the Florida Fourth District Court of Appeal, held that a landlord was vicariously liable to an injured tenant for the defective work of an independent contractor.  The Landlord did not know the name of the contractor nor could the Landlord find the contractor who was hired off the street.  The Court found that the Landlord had a duty to exercise reasonable care in hiring competent contractors.

Condominium Declaration Restricting Rentals is Upheld

In Woodside Village Condominium Association, Inc. v. Jahren, 806 So.2d 452 (Fla. 2002), the Florida Supreme Court held that a condominium declaration amendment that restricted the rental of condominium units was not arbitrary, against public policy, or in violation of a fundamental constitutional right.

css.php