TOM CARNEY, APPELLANT,
v.
FRANK GAMBEL AND HILDA GAMBEL, APPELLEES

Fla. 4th DCA | 1999-12-29
No. 99-0809
GROSS, J. and JULIAN, JOYCE, Associate Judge, concur.
751 So. 2d 653 Florida District Court of Appeal, Fourth District (1999) Caution
Cited by 13 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Plaintiff, a security head at a country club community, sued the parents of an adult son who assaulted him, claiming they owed a duty of care as both parents and landlords to protect him from the son's criminal conduct. The court affirmed dismissal, holding that parents of emancipated adult children have no legal duty to control their conduct.


Holding

Defendants had no duty to protect Plaintiff from their adult son's conduct. Parents of emancipated adult children cannot be held legally responsible for their intentional acts simply because the child may be financially dependent or reside with the parents. The duty to exercise parental control is limited to minor children, and absent a special relationship with a legal right or ability to control another's conduct, no duty exists.


Headnotes

[1] Generally, there is no duty to control the conduct of a third person to prevent them from causing physical harm to another, unless a special relationship exists between t…

[2] A landlord's duty to control the presence of a dangerous animal on the premises does not extend to liability for the intentional acts of an adult child residing on the pr…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Generally, there is no duty to control the conduct of a third person to prevent him or her from causing physical harm to another.”

Establishes the foundational principle that absent a special relationship, no duty exists to control third-party conduct

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Plaintiff was a security head at a country club community where the Defendants (Frank and Hilda Gambel) resided with their adult son Mark. Plaintiff w…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
STONE, J.

STONE, J.

Plaintiff appeals from a final order dismissing counts III and IV of a second amended complaint for failure to state a cause of action. At issue is whether the trial court correctly concluded that Plaintiff failed to state a cause of action against Frank and Hilda Gambel (hereinafter Defendants) for negligent failure to exercise control over their adult son, Mark. Defendants reside in a country club community with their son.1 Plaintiff, the security head of the community, was assaulted and battered by Mark during the course of his employment. Plaintiff asserted that Defendants owed a duty of care, both as parents and landlords, to protect Plaintiff from their adult son’s reasonably foreseeable criminal conduct. We affirm. Defendants had no duty to protect Plaintiff from their adult son’s conduct.

Generally, there is no duty to control the conduct of a third person to prevent him or her from causing physical harm to another. See Gross v. Family Services Agency, Inc., 716 So. 2d 337, 338 (Fla. 4th DCA 1998), rev. granted sub nom., Nova Southeastern Univ., Inc. v. Gross, 737 So. 2d 551 (Fla.1999); see also Restatement (Second) of Torts § 314 (1965). An exception arises where a special relationship exists between the actor and the third person. See Garrison Retirement Home Corp. v. Hancock, 484 So. 2d 1257, 1261 (Fla. 4th DCA 1985); see also Restatement (Second) of Torts § 316—19 (1965). The special relationship, howev er, must include the right or the ability to control another’s conduct. See Garrison, 484 So. 2d at 1261.

With respect to the duty owed as a landlord, we find Plaintiffs argument unpersuasive. Plaintiff relies on Sanzre v. Varesi, 681 So. 2d 785 (Fla. 4th DCA 1996), wherein a third party brought suit against a homeowner’s association for injuries resulting from an attack by a vicious dog owned by a resident in the community. There, this court held that liability could attach if the evidence showed that the association had knowledge of the animal’s presence and its vicious propensities, as well as the ability to control its presence on the premises. Id. at 786; see also Vasques v. Lopez, 509 So. 2d 1241 (Fla. 4th DCA 1987). We discern no reason, and there is no authority, for extending any recognized liability of a landlord for acts of a vicious dog to acts of an adult child.

With respect to the duty owed as a parent, we find that Defendants may not be held legally responsible for the conduct of their emancipated, adult child. We note that in those instances where a special relationship has been found imposing liability on a parent for conduct of a child, the duty to exercise control is limited to a minor child. See Snow v. Nelson, 475 So. 2d 225 (Fla.1985), approving Gissen v. Goodwill, 80 So. 2d 701 (Fla.1955); see also Restatement (Second) of Torts § 316. Certainly, where there is no legal right to control a child, there can be no liability imposed on the parent. See Hartsock v. Hartsock, 189 A.D.2d 993, 592 N.Y.S.2d 512 (1993).

No Florida decision has imposed liability upon the parents of an adult child for intentional acts simply because the child may be financially dependent on, or needs to reside with, his or her parents. Cf. Thorne v. Ramirez, 346 So. 2d 121, 122 (Fla. 3d DCA 1977)(absent allegations that adult child was insane or mentally deficient, a complaint that sought to hold the parents of the child hable for an intentional tort was properly dismissed). We need not speculate on circumstances under which a parent might incur liability for intentional acts of a minor child or an adult dependent child over whom they have accepted a lawfully designated responsibility due to the child’s incompetency, as such is not alleged here. See Thorne.

As to all other issues raised, we also affirm.

GROSS, J. and JULIAN, JOYCE, Associate Judge, concur. . We note that Mark was apparently also a co-owner of the unit.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Dorsey v. Reider, 139 So. 3d 860 (Fla. 2014)
    …sed by the misconduct of a third person, Noordhoek. In the instant case, the district court correctly noted that generally a party has no legal duty to prevent the misconduct of third persons. See Reider, 98 So. 3d at 1225 (citing Carney v. Gambel, 751 So. 2d 653, 654 (Fla. 4th DCA 1999)); see also K.M. ex rel. D.M. v. Publix Super Markets, Inc., 895 So. 2d 1114, 1117 (Fla. 4th DCA 2005). We also agree with the district court that in determining the duty of care concerning misconduct of third persons, the co…
  • Knight v. Merhige, 133 So. 3d 1140 (Fla. 4th DCA 2014)
    …sk of harm to others.” Smith v. Fla. Power & Light Co., 857 So. 2d 224, 229 (Fla. 2d DCA 2003). “Generally, there is no duty to control the conduct of a third person to prevent [that person] from causing physical harm to another.” Carney v. Gambel, 751 So. 2d 653, 654 (Fla. 4th DCA 1999); see also 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.”). However, there are…
  • Cantalupo v. Lewis, 47 So. 3d 896 (Fla. 4th DCA 2010)

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw