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Defect Claim

Defect Claim May 16, 2017

FLA. STAT. CHAP. 558

COURT FINDS ABATING CASE ACCORDING TO CHAPTER 558 WOULD BE FUTILE WHEN MATERIAL SUPPLIER FAILS TO SEEK INSPECTION OF ALLEGED CONSTRUCTION DEFECTS By: Michael Stearns, Esq. Stearns, Roberts & Guttentag, LLC In Banner Supply Co. v. Harrell, 2009 WL 4927912 (Fla. 3rd DCA 2009) the court considered the issue of whether a material supplier could […]

Defect Claim May 16, 2017

MANUFACTURER NOT STRICTLY LIABLE FOR INJURY WHEN PRODUCT IS NOT USED AS INTENDED

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. A manufacturer is not strictly liable for all injuries caused by its product. In Hernandez v. Altec Environmental Products, LLC, 2012 WL 4511341 (S.D.Fla. 2012), an employee of Asplundh Tree Expert Co. (“Asplundh”) suffered a significant injury to his hand while he was in the […]

Defect Claim May 8, 2017

ENGINEER AND CONTACTOR NOT LIABLE FOR PERSONAL INJURY ALLEGEDLY CAUSED BY OPEN AND OBVIOUS DEFECT

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Under Florida law, a contractor or design professional is not liable for alleged defective construction or design that causes a personal injury if the alleged defect is open and obvious to the owner, and the contractor or design professional’s work is complete and accepted by […]

Defect Claim May 8, 2017

DESIGN COMPANY NOT LIABLE FOR TRAFFIC SIGNAL DEFECTS CAUSING ACCIDENT AFTER DESIGN IS COMPLETED AND ACCEPTED BY DEPARTMENT OF TRANSPORTATION

By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Under Florida law, a contractor or design professional is not liable for alleged defective construction or design that causes personal injury if the alleged defect is open and obvious to the owner, and the contractor or design professional’s work is completed and accepted by the […]