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Not far from our office, there is a considerable amount of construction going on this summer. We have been asked a few times about the sudden appearance of a new stop sign on Lox road. The stop sign is smaller than most and easy to miss if you aren’t expecting it or paying close attention. Over the weekend someone mentioned that they almost got in an accident here, and they asked what law is…Glad you asked
In Florida, government liability for the installation of a stop sign is governed by the doctrine of sovereign immunity and the legal distinction between planning-level and operational-level functions. Under section 768.28 of the Florida Statutes, the state has waived sovereign immunity in tort to a limited extent, allowing lawsuits against government entities for negligence. However, this waiver does not apply to discretionary, planning-level decisions. Planning-level functions involve policy-making or discretionary judgments, such as deciding whether or not to install a stop sign at a particular intersection. These decisions are immune from liability because they involve the allocation of resources and the setting of public policy priorities.
In contrast, operational-level functions pertain to the implementation of an established policy or plan and are not protected by sovereign immunity. If a government entity decides to install a stop sign, it assumes a duty to do so with reasonable care. This includes ensuring the stop sign is properly installed, visible, and maintained. Liability may arise if the sign is placed incorrectly, obscured by vegetation, improperly maintained, or removed without adequate warning or replacement.
In practical terms, this means a government entity is immune from suit for choosing to install or not to install a stop sign, but it may be held liable if it installs a stop sign in a negligent manner—for example, placing it where it is not visible to drivers or failing to maintain it.
What do you think? Have you seen the stop sign on Loxahatchee and Parkside? Do you think it poses a danger, or do drivers need to stay more alert when driving through an active construction zone?
Call Zimmerman & Frachtman, P.A. now at 954-509-1900 or contact us online.
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