– The Florida Building Code is a set of documents that apply to the design, construction, erection, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities.
– The Florida Building Code is adopted into the Florida Administrative Code and is authorized by the Florida Building Codes Act.
– Expert testimony regarding the proper interpretation of the Florida Building Code is improper in most cases, and the court should only allow it in limited circumstances for limited purposes. 1. The appellate court reviewed a jury verdict against an architect for violation of a building code.
2. The jury was allowed to rely on expert testimony regarding the interpretation of the building code in question.
3. Expert testimony can be allowed if it will assist the trier of fact in understanding the evidence or determining a fact in issue.
4. The court held that it was error to allow the jury to consider expert testimony regarding the interpretation of the building code, as experts should not be allowed to testify regarding questions of law.
5. The court also held that it was the duty of the trial court to interpret the meaning of the code and instruct the jury concerning that meaning.
6. The appellate court reversed the decision, concluding that the trial court erred in submitting a question of law to the jury and in not directing a verdict in favor of the architect. 1. The lower court granted summary judgment in a slip and fall case involving the interpretation of the building code.
2. The lower court considered expert testimony from the Division Chief of Building and Zoning to interpret the building code.
3. The appellate court held that expert testimony is not appropriate when the disputed language is ordinary and can be given plain meaning.
4. The court stated that the interpretation of a building code is a question of law for the court, not a question of fact for the jury.
5. Expert testimony may be relevant when the building code contains technical terms, but it cannot dictate the court’s interpretation of the law.
6. The appellate court reversed the lower court’s summary judgment because it improperly considered the expert testimony. – Expert testimony is not appropriate for guiding the court in the interpretation of the Florida Building Code.
– The court must interpret the Code as a question of law and may receive assistance from legal argument but not expert testimony.
– Expert testimony may be useful in describing building or design features addressed by the Code, but not in interpreting the Code itself.
https://www.jimersonfirm.com/blog/2015/11/do-you-need-expert-testimony-regarding-interpretation-of-the-florida-building-code/
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