A Proposed Answer to the 11th Circuit's Recent Certified Question About the Economic Loss Rule's Breadth

Litigation attorney Vanessa Lopez wrote a column featured in The Florida Bar Journal addressing the complexities of Florida's economic loss rule. In the article, she explores the U.S. Court of Appeals for the Eleventh Circuit's recent certified question to the Florida Supreme Court regarding the rule's application in negligence claims. Discussing the National Background Investigation Services (NBIS) Construction & Transportation Services Inc. v. Liebherr-America case, Ms. Lopez describes the economic loss rule's evolution and argues that its scope should not bar common law negligence claims when a product is non-defective. The article offers a detailed review of Florida's legal landscape and proposes that, under current law, the economic loss rule should not shield distributors from liability in such contexts.

READ: A Proposed Answer to the 11th Circuit's Recent Certified Question About the Economic Loss Rule's Breadth