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Sections 316 and 318 of the restatement relate to the

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Unformatted text preview: no legal duty to “prevent the misconduct of third persons.” Michael & Philip, Inc. v. Sierra, 776 So. 2d 294, 297 (Fla. 4th DCA 2000). As the court noted in Boynton v. Burglass, 590 So. 2d 446, 448 (Fla. 3d DCA 1991), “Florida courts have long been loathe to impose liability based on a defendant’s failure to control the conduct of a third party.” See E.L. Kellett, Private Person’s Duty and Liability for Failure to Protect Another Ag ainst Criminal Attack by Third Person, 10 A.L.R. 3d 619, §§ 2-3. Florida recognizes the special relationship exception to the general rule of non-liability for third-party misconduct. The existence of a special relationship gives rise to a duty to control the conduct of third persons so as to prevent them from harming others.1 Florida has 1Courts have carved out other exceptions to the general rule, but they do not apply in this case. In Daly v. Denny’s Inc., 694 So. 2d 775, 777 (Fla. 4th DCA 1977), we wrote that adopted the “special relationship” test set forth in the Restatement (Second) of Torts, Section 315, which states: § 315 General Principle here is no duty so to control the conduct of a third person as to prevent him from causing physical harm to another unless a) a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or (b) a special relation exists between the actor and the other which gives to the other a right to protection. See Sierra, 776 So. 2d at 298; Aguila v. Hilton, Inc., 878 So. 2d 392, 398-99 (Fla. 1st DCA 2004). Comment c to section 315 provides: The relations between the actor and a third person which require the actor to control the third person’s conduct are stated in §§ 316- 319. The relations between the actor and the other which require the actor to control the conduct of third persons for the protection of 94 the other are stated in §§ 314A and 320. Sections 316 and 318 of the Restatement relate to the duty of a parent to control the conduct of a child and the duty of a possessor of land or chattels to cont...
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