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· 12/30/2009

Demelus v. King Motor Co. of Fort Lauderdale

Citations

  • 24 So. 3d 759
  • 2009 Fla. App. LEXIS 20402
  • 2009 WL 5126239

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an automobile dealership which kept its cars locked in a secured lot did not create a foreseeable zone of risk of third-party criminal conduct by a juvenile gang that stole vehicles from the lot, one of which collided with another vehicle and injured the driver
  • noting that defendant car dealership “was not complicit” in theft that resulted in plaintiffs injury and it “did not make [car] keys available to the thieves who caused” the injury
  • “Foreseeability as it relates to duty in negligence cases is a question of law.”
  • “Foreseeability as it relates to duty in negligence cases is a question of law.”
  • “To impose a duty, it is not enough that a risk merely exists or that a particular risk is foreseeable; rather, the defendant’s conduct must create or control the risk before liability may be imposed”

Source: CourtListener parenthetical corpus (CC0).

Judges: Polen, Gerber

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.