In Florida’s construction industry, the decision that gave life to the Slavin doctrine, the Florida Supreme Court’s ruling in Slavin v. Kay in 1958, has withstood the test of time and appears to be as strong as ever. A recent appellate ruling illustrates how the doctrine continues to offer vital protections from liability for the state’s contractors, subcontractors and design professionals against future injuries alleged to have been caused by defects in their work.

The 60 year-old ruling by the state’s highest court held that a contractor’s liability in negligence, which is the duty of care that it owes to third parties, terminates if the property owner accepts the contractor’s work with patent defects. It is used to defend contractors from liability for patently obvious and apparent defects when they cause injuries after the property owner has accepted the improvements together with the responsibility for their ongoing maintenance and repair.

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