"There was testimony introduced that between 1974 and 1976 the Palm Beach County Board of County Commissioners requested the Palm Beach County Planning and Zoning, and Building Department to prepare a bikeway program for the County. Palm Beach County's bikeway program went into effect sometime in 1976 or 1977. Shortly thereafter, Palm Beach County received a request for the construction of a bike path along Ellison Wilson Road. The request for a bike path came from the people who lived in the area of Ellison Wilson Road. Due to the fact that people were walking in the streets in order to travel Ellison Wilson Road, it was felt by the County that a bike path would provide safety for the children and for the public and also would furnish good access to a nearby public park. The intended purpose of the bike path along Ellison Wilson Road was 'getting people off the road.' Palm Beach County recognized that it was dangerous for people to walk or bicycle on Ellison Wilson Road.
"To overcome this danger, Palm Beach County planned and had constructed in 1977 a bike path along Ellison Wilson Road. Upon completion of the bike path, maintenance duties and responsibilities for the bike path were turned over to Palm Beach County's Road and Bridge Department.
"At trial, a registered professional engineer ... testified that at the time of the accident, the State of Florida had adopted the Federal Highway Administration's proposed guidelines for the operation and maintenance of bike paths and that those guidelines were applicable to the bike path along Ellison Wilson Road. Relevant portions of those guidelines include:
"'Bicycle paths need a regular schedule of policing and maintenance. The pavement surface of a path should be kept clean by sweeping. Attention should be given to maintaining the full paved width. ...
"'Bicycle routes, bicycle lanes, and other roadways with bicycle traffic are often susceptible to having debris, such as glass or sand, collect in the area where bicyclists ride. Both a smooth surface, free of potholes and debris, should be provided.'
"There was testimony showing that although Palm Beach County was responsible for the maintenance of the bike path in question, it had no regular program of maintenance or inspection in effect on the date of the subject accident.
"It is highly foreseeable that bicyclists forced to abandon bike paths will be exposed to the risk of sharing the roads with motorists who may lose control of their vehicles for a variety of different reasons. The precise cause of the accident is irrelevant so long as the harm that occurs is within the scope of danger created by the defendant's act of negligence. ..."
Disclaimer