Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Miami-Dade County, Appellant, v. Odalys Fortes, etc., Appellee.
Affirmed. See Citizens Prop. Ins. Corp. v. Salazar, 388 So. 3d 115, 117–18 (Fla. 3d DCA 2023) (“[T]his court reviews a denial of a motion for directed verdict de novo, viewing the evidence and all available inferences from it in the light most favorable to the verdict.”); Pollock v. Fla. Dep't of Highway Patrol, 882 So. 2d 928, 935 (Fla. 2004) (“A special tort duty does arise when law enforcement officers become directly involved in circumstances which place people within a ‘zone of risk’ by creating or permitting dangers to exist, by taking persons into police custody, detaining them, or otherwise subjecting them to danger. The premise underlying this theory is that a police officer's decision to assume control over a particular situation or individual or group of individuals is accompanied by a corresponding duty to exercise reasonable care.” (citations omitted)); State, Dep't of Highway Safety & Motor Vehicles, Div. of Highway Patrol v. Kropff, 491 So. 2d 1252, 1255 (Fla. 3d DCA 1986) (finding “[o]nce [an officer] undertook to secure the site of the initial accident, he was required to do so with reasonable care”); Wallace v. Dean, 3 So. 3d 1035, 1052 (Fla. 2009) (concluding undertaker's doctrine was satisfied “because the deputies, in a position of authority, increased the risk of harm that the decedent faced by inducing third parties—who would have otherwise rendered further aid ․ —to forebear from doing so”).
PER CURIAM.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 3D24-1255
Decided: September 17, 2025
Court: District Court of Appeal of Florida, Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)