Florida Statute 768.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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768.10 Pits and holes not to be left open.—It is not lawful for any company or individual to leave open any pit or other hole outside of an enclosure of a greater depth and breadth than 2 feet; provided, however, such pit or hole may be left open by enclosing the same with a fence or other enclosure that would be a safeguard against horses, cattle or other domestic animals falling into the same; provided further, that this section shall not apply to pits or holes made by any company or individual while bona fide engaged in actual mining operations, such pits and holes to be enclosed as herein provided when said mining operations shall cease or be discontinued.

History.—s. 1, ch. 4051, 1891; GS 3152; RGS 4969; CGL 7056.

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Amendments to 768.10

Annotations, Discussions, Cases:

Cases Citing Statute 768.10

Total Results: 3 | Sort by: Relevance | Newest First

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Neumann v. Davis Water & Waste, Inc., 433 So. 2d 559 (Fla. 2d DCA 1983).

Cited 18 times | Published | Florida 2nd District Court of Appeal

...Paver Development Corp., 369 So.2d 971 (Fla. 2d DCA 1979); Alvarez v. DeAguirre, 395 So.2d 213 (Fla. 3d DCA 1981). Therefore, the trial court did not err in dismissing the strict liability claim against Davis. Likewise, an additional claim against Davis based on violation of section 768.10, Florida Statutes (1979), was properly dismissed....

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Publix Super Markets, Inc. v. Pearson, 315 So. 2d 98 (Fla. 2d DCA 1975).

Cited 7 times | Published | Florida 2nd District Court of Appeal | 1975 Fla. App. LEXIS 13585

...93 (1951).] [3] The use of the waters of an artificial lake are often determined by means of restrictive covenants in deeds or recorded plats dedicating an easement for recreational uses. See, Wilson v. Owen, 261 S.W.2d 19 (Mo. 1953); Reiger v. Anchor Post Products, Inc., Fla.App.3d 1968, 210 So.2d 283. [4] Florida Statutes, Section 768.10.

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Gload v. Birdsall Constr. Co., 177 So. 2d 894 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida

operations shall' cease or be discontinued.” (Section 768.10) “Any company or individual who may leave open

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 768 in the context of negligence and personal injury claims and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.