Thursday, January 22, 2009

Florida Statute 553 vs. The Economic Loss Rule

Florida Statute 553.84 created a civil cause of action against a person who commits a building code violation. The Supreme Court of Florida held in Comptech International, Inc. v. Milam Commerce Park, LTD that the economic loss rule does not bar a claim under 553.84. Typically, the economic loss rule prevents a Plaintiff from bringing a tort action when the loss arises out of a contract and there is no personal injury nor property damage. However, the Florida Supreme Court held that the economic loss rule does not apply to a statutory claim such as Florida Statute 553.84.

2 comments:

Clark.Wilson.IP.Atty said...

So, what would you sue for? Specific Performance or compliance? What damages could you get if there are none?

Salvador A. Jurado Jr, Esq. said...

F.S. 553 provides you with a statutory cause of action. For example, if an Architect fails to design a column per the Florida Building Code, you can file suit against him under this statute.