06/16/2026
A crane boom collapsed. The crane wasn't defective. The distributor just never sent the safety bulletin warning about a known danger.
The 11th Circuit certified a question to the Florida Supreme Court: Does the Economic Loss Rule bar a duty-to-warn claim against a distributor of a non-defective product?
The case settled. The question was never answered.
Hugh Higgins covered this in his recent Florida Bar CLE. Read the blog now and download the free presentation from the course.
https://bacharagroup.com/the-economic-loss-rule-in-florida-construction-law-where-does-it-stand-today/