“Stray bullets”

January 1, 2013

  • 268 Municipal Corporations
  • 268XII Torts
  • 268XII(A) Exercise of Governmental and Corporate Powers in General
  • 268k740 Injuries by Mobs or Other Wrongdoers
  • 268k740(1) k. In general.

268 Municipal CorporationsAlthough stray bullets had previously struck individuals in city’s downtown on New Year’s Eve, these prior accidental shootings were too remote in time and too infrequent to render the patron’s shooting reasonably foreseeable, and thus, city did not have duty to issue warning about stray bullets to patron, who was hit by a stray bullet at midnight on New Year’s Eve when she was having a glass of champagne in the outdoor section of a restaurant during a family-friendly event organized and run by the city.
Leitch v. City of Delray Beach, 41 So. 3d 411 (Fla. Dist. Ct. App. 2010)
Suggested by Jeff Locke; Senior Key Number Developer, Westlaw