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Jones v. Hawkins, 708 So2d 749 (1998), rehearing 708 So2d 760 (1998), writ denied 723 So2d 425 (1998), writ denied 723 So2d 959 (1998). A 6 year old bicyclist was riding north down a steep slope with a T intersection at the bottom of the slope. There was no stop sign at the T intersection, and overgrown foliage at the corner made it difficult for westbound drivers to see northbound intersecting traffic. The boy apparently attempted to make a right, overshot the mark and was struck by a motorist who was driving 15 to 20 mph. The Court of Appeal of Louisiana, Second Circuit, affirmed in part, reversed in part and rendered. On rehearing they amended, reinstated and rendered. "Strict liability is imposed on the person or entity who has the care, custody and control of a thing which is defective, presents an unreasonable risk of harm, and actually causes damage to another person. ... The determination of whether a thing presents an unreasonable risk of harm should be made 'in light of all relevant moral, economic and social considerations.' ... The city has a duty to maintain its streets in a reasonably safe condition for use by the public. ... Overgrown foliage that obstructs the right of way may constitute a defect in the road. ... The city, however, cannot be liable for damages resulting from the defective condition without proof that it had actual or constructive notice of the particular vice or defect which caused the damage prior to the occurrence, and that the city had a reasonable opportunity to remedy the defect but failed to do so. ...
"The city may also be found negligent under La. C.C. art. 2315 if the plaintiff shows that a hazardous condition existed, that the city was actually or constructively aware of it, and failed to take corrective action within a reasonable time. ... The city is held to a standard of reasonable prudence and care in discovering hazards. ... The city's duty is the same, whether analyzed as strict liability or as negligence. ..."
Same case, 731 So2d 216 (1999). The Supreme Court of Louisiana overruled the circuit decision and found the foliage was not a substantial cause of the collision. Reversed in part and amended in part. |
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