FLORIDA – Homeowners’ Associations Could Face Liability for Bear Attacks

JDSUPRA.COM: Homeowners’ Associations Could Face Liability for Bear Attacks
By Gary Kaleita, Peter Simmons – Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
April 21, 2016

It is sometimes said that law is what separates humans from wild animals. While humans have been developing laws since the Code of Hammurabi, they have also been developing land, so much so that both commercial and residential projects increasingly encroach into wild animal habitats. Since 1990, the Florida Fish and Wildlife Conservation Commission (“FWC”) has received over 50,000 telephone calls reporting black bear sightings signicant enough to prompt concerns. Since 2013, there have been several instances of bears attacking humans in Florida. As human populations grow and natural habitats shrink, it is increasingly likely that bears may injure people and/or damage their property.

Ordinary Care –

Generally, an owner of land does not have an obligation to warn others about the dangers of animals in their natural habitat, or protect others from wild animal attacks. Yet the law is well settled that an owner or occupier of land must exercise ordinary care in the management of their property, and the breach of this duty gives rise to a cause of action for negligence. Read more:

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