Reports Of Death Of Fla. Economic Loss Rule Are Exaggerated
April 12, 2013, 5:11 PM EDT
Law360, New York (April 12, 2013, 5:11 PM EDT) -- Depending on how you read it, the Florida Supreme Court’s recent Tiara Condominium opinion renouncing the contractual privity branch of the economic loss rule either threw open the courthouse doors to plaintiffs seeking to bolster purely contractual disputes with tort claims or simply renounced a relatively recent judge-made doctrine in favor of long-standing common law principles that do the same job under a different label.
We believe a close reading of the opinion and relevant precedents better support the latter conclusion. Nevertheless, the practical effect is...