Supreme Court of Florida

Peoples Gas System v. Posen Construction, Inc.

June 10, 2021322 So. 3d 604

Summary

The court held that the Underground Facility Damage Prevention and Safety Act creates a standalone negligence-based cause of action. Liability requires proximate causation and is subject to comparative fault, while recoverable losses may include purely economic damages but do not include a separate statutory-indemnity remedy. The court returned the case to the Eleventh Circuit to apply these principles to the pending claim.