Anytime you purchase property in Florida, an inspection by a licensed, certified home inspector is typically part of the process. F.S. 468 Part XV covers home inspector requirements. Home inspectors are called upon to closely examine the structure and property and identify potential material defects. But what if they miss something that ends up resulting in personal injury? Will you have a claim?
The answer is not a simple one, and will depend on the language on the home inspector contract (whether the contractor limited his/ her own liability), as well as the duty of care owed to the person filing the claim.
The question in a recent premises liability lawsuit out of Tennessee was whether a home inspector was liable to a third party who suffered personal injury on a someone else’s property due to a construction defect. Continue reading →