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Peoples Gas System v. Posen Construction, Inc.

Court: Florida Supreme Court

Docket: SC19-1305

Opinion Date: June 10, 2021

Judge: Muniz

Areas of Law: Construction Law, Personal Injury, Real Estate & Property Law

The Supreme Court accepted certification of a question about the Underground Facility Damage Prevention and Safety Act, Fla. Stat. Chapter 556, and answered that the Act creates a standalone cause of action and that the cause of action sounds in negligence.

The United States Court of Appeals for the Eleventh Circuit certified the question of whether a member-operator has a cause of action under Fla. Stat. 556.106(2)(a)-(c) to recover damages or obtain indemnification from an excavator for payments to a third party for personal injuries related to the excavator’s alleged violation of the statute. The Supreme Court answered (1) liability under the Act is subject to proof of proximate causation and to the defense of comparative fault; (2) losses recoverable under the Act can include purely economic damages, independent of personal injury or property damage; and (3) the Act does not create a cause of action for statutory indemnity.

This case law update is brought to you by Freeway Law, personal injury, and auto car accident lawyers. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.

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