– A new Florida statute will allow businesses to limit their employees’ liability for professional negligence claims starting July 1, 2013.
– The statute applies to business entities such as architects, interior designers, engineers, and geologists, and can be utilized by various types of businesses operating in Florida.
– The new statute could significantly limit the types of claims related to professional negligence, under certain conditions. – The contract must be made between the business entity and the claimant or other entity for professional services.
– The contract cannot name the individual employee or agent who will perform the services.
– The contract must prominently state that the individual employee or agent may not be individually liable for negligence.
– The business entity must maintain any required professional liability insurance.
– Damages must be solely economic and not extend to personal injuries or property not covered by the contract.
– If these conditions are not met, a claimant may still have a professional negligence claim against the design professional employee.
– Section 558.0035 will not limit professional negligence claims by parties who have no contract with the design professional employee or employer.
https://www.jimersonfirm.com/blog/2013/06/florida-statute-558-0035-limiting-design-professional-negligence/
Leave a Reply