The Florida Supreme Court has finally taken the Economic Loss Rule head-on and has attempted to address an issue that has created much litigation. On March 7, 2013, the Court released its opinion in the case of Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. , 2013 WL 828003, significantly narrowing the application… Continue Reading
Category Archives: Negligence
Subscribe to Negligence RSS FeedA Tale of Two Districts: Florida Courts Split on the Application of Relation Back To Add Third Party Defendants As Direct Defendants After Expiration of the Statute of Limitations
Posted in Architects, Construction, Contractors, Negligence, Statutes of Limitations, Subcontractors, UncategorizedThe situation is a familiar one. An Owner of a completed construction project notifies the Architect and/or General Contractor of alleged construction deficiencies at a Project. Review by the Architect reveals that the alleged deficiencies, if true, relate to the work of its sub-consultants (or in the case of a General Contractor his subcontractors). The… Continue Reading
When It’s Necessary to Present Expert Testimony of Industry Standard to Establish the Standard of Care in Negligence Actions: The Case of the Roofer
Posted in Construction, Negligence, Roofer, SubcontractorsThe United States Court of Appeals for the Eleventh Circuit recently issued an opinion which has, in essence, confirmed the steps necessary in establishing a negligence action against a roofer in Florida. While the standard of care necessary to prove whether a roof was negligent is a seemingly simple, everyday legal concept, proving it up… Continue Reading