District Court explains Florida's rule on causes of action for negligence against professionals.
In this case, Florida's Third District Court of Appeal, relying on Moransais v. Healthman, 744 So.2d 973 (Fla. 1999), explained that an extra-contractual remedy against a negligent professional is necessary because contractual remedies may be inadequate. Further, the court found that a limitation of liability provision in a professional's contract may be unenforceable. As to the practical implication, under current Florida law, a cause of action in negligence exists irrespective, and independent, of a professional services agreement.
Case Law Alert - 3rd Qtr 2010