Company Vs. Company under Florida Negligence Law

Typically when you think of a negligence lawsuit, you think of a person suing another person or a person suing a company. But companies can also be victims of negligence, often because of a defective product or a contractor or supplier’s shoddy work performance. Here are a few recent examples.

Real-Life Case Examples

Geico Marine Insurance Company recently filed a lawsuit against Smith & Wick Marine Diesel, Inc., alleging that the marine diesel service company provided negligent mechanical services to a yacht that Geico insures. The lawsuit claims that Smith & Wick employees started a fire on the vessel by failing to properly secure the vessel’s batteries and electrical system and smoking nearing an electrical bonding plate, among other allegations. Geico paid the yacht owners for these damages and is now seeking more than $200,000 in compensation from Smith & Wick.

A crane collapsed at a Miami construction site during Hurricane Irma, even though it should have been able to withstand much higher wind speeds, according to a lawsuit recently filed by a subcontractor hired to build an apartment building at the site. The subcontractor claims that the crane supplier provided a defective crane and a deficient hurricane preparedness plan. The subcontractor relied on the supplier’s expertise and claims that the supplier acted negligently.

This wasn’t the only crane that collapsed during Hurricane Irma. A Miami condo developer recently sued the companies that provided its crane, also claiming that the companies supplied a defective product and were negligent in not providing an adequate hurricane preparedness plan. According to the lawsuit, “the crane, if designed and manufactured appropriately and with due care, should have easily withstood the winds of Hurricane Irma in Miami-Dade County.”

Is a Company’s Negligence Lawsuit Any Different than an Individual’s Lawsuit?

The only real difference between a company filing a negligence lawsuit and an individual filing a negligence lawsuit is that a company typically has more resources at its disposal. But the same general principles still apply and both are subject to the same law and procedures.

For example, all personal injury plaintiffs — whether a company or individual — only have four years from the date of the incident to file a lawsuit. This is called the statute of limitations.

All plaintiffs (and defendants) are also subject to the same compensation rules. Florida is a comparative fault state, which means that plaintiffs who contribute to their own injuries cannot recover the full extent of their damages from the defendant. Their compensation will be reduced by their percentage of fault. That percentage is typically determined by a jury.

Contact Us Today

Contact a Fort Lauderdale personal injury attorney at The Pendas Law Firm today for a free consultation if your company sustained financial damages because of another company’s negligence. We will examine the facts of your case and seek compensation for your economic losses.

The Pendas Law Firm also represents clients in the West Palm Beach, Jacksonville, Fort Myers, Orlando, Tampa, Miami, Daytona Beach and Bradenton areas.

Resources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html

law.com/dailybusinessreview/2018/04/25/granparaiso-developer-sues-over-tower-crane-that-collapsed-during-hurricane-irma/

flarecord.com/stories/511398664-geico-alleges-marine-diesel-company-s-negligence-caused-fire

law.com/dailybusinessreview/2018/02/13/miami-apartment-crane-supplier-sued-over-collapse-/