Negligence: Duty To Warn of Stray Bullets on New Year’s Eve; Foreseeability

Leitch v.City of Delray Beach, ___ So. 3d  ___, 35 Fla. L. Weekly D1726 (Fla. 4th DCA 8/4/10)

The City of Delray Beach did not have a duty to warn an outdoor restaurant patron of the danger of getting hit by a stray bullet on New Year’s Eve during a family-friendly event organized by the City.  The danger was not foreseeable although stray bullets struck individuals in downtown Delray Beach on New Year’s Eve three years and eight years before the plaintiff was injured.  The court held that the two “prior accidental shootings were too remote in time and too infrequent to render the instant event reasonably foreseeable.”