RELIANCE ELEC. CO., HAUGHTON ELEVATOR DIV. v. HUMPHREY

No. 81-1733.

427 So.2d 214 (1983)

RELIANCE ELECTRIC COMPANY, HAUGHTON ELEVATOR DIVISION, Appellant, v. Geraldine HUMPHREY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 15, 1983.


Attorney(s) appearing for the Case

Samuel Tyler Hill, Fort Lauderdale, and Edna L. Caruso, West Palm Beach, for appellant.

Ralph F. Pelaia, Jr., Fort Lauderdale, Larry Klein, West Palm Beach, and Birr, Bryant & Saier, P.A., Fort Lauderdale, for appellee.


HURLEY, Judge.

The issue is whether a violation of Section 399.02(6)(b), Florida Statutes (1981) (which requires proper maintenance of elevators), constitutes negligence per se. We hold that it does and, therefore, we approve the trial court's instruction to this effect and we affirm.

An instruction that a violation of a given statute is negligence per se is appropriate in two circumstances: (1) when the statute is of the "strict liability" type...

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