Issue: Under Florida law, what is the duty of owners of private roadways to control motor vehicle traffic on its property with speed bumps and warning signs or other types of traffic control devices?
| Area of Law: | Personal Injury & Negligence |
| Keywords: | Duty of ownwr; Private roadway; Traffic control devices, speed bumps and warning signs |
| Jurisdiction: | Florida |
| Cited Cases: | 484 S.W.2d 884; 863 S.W.2d 852; 239 So. 2d 22; 591 So. 2d 281; 708 S.W.2d 664; 614 N.E.2d 135; 558 N.Y.S.2d 690; 362 So. 2d 369; 163 A.D.2d 646; 608 So. 2d 937; 730 So. 2d 555; 253 Ark. 148 |
| Cited Statutes: | Fla. Stat. § 316.0747 |
| Date: | 01/01/2001 |
Speed Bump Cases
There are surprisingly few decisions involving speed bumps (also called “speed breakers,” “speed brakers” or “safety bumps”) as traffic control devices. Most cases in which speed bumps are substantively discussed are trip-and-fall personal injury actions or easement interference/neighborhood dispute matters. The following accident cases are those that consider whether the absence of speed bumps constitutes negligence. Establishing foreseeability and supporting expert testimony are critical in proving negligence based on a failure to utilize speed bumps to control the driving behavior of a third-party. No Florida decisions were found, and because of the paucity of cases from other jurisdictions, parking lot cases, in addition to roadway or driveway cases, were included.
Jones v. Jitney Jungle Stores of Am., Inc., 730 So. 2d 555 (Miss. 1998) (allegations of negligence based on failure to install speed bumps or other traffic control devices in retailer’s parking lot; verdict for defendant in wrongful death action affirmed).
Morrison v. Flintosh, 163 A.D.2d 646, 558 N.Y.S.2d 690 (1990) (where vehicle that struck bicyclist was going 3 to 5 MPH at time of accident, mobile home park owner’s “alleged failure to post speed and warning signs and to provide adequate speed bumps had no bearing upon this occurrence;” summary judgment for defendant owners affirmed).
Johnson v. Ray Kruse Constr. Co., 708 S.W.2d 664 (Mo. 1986) (apartment building owner’s failure to install speed bump in driveway supported finding […]