Slavin Doctrine: Part IV

Several cases have expanded upon the original ruling in Slavin.  In El Shorafa v. Ruprecht, 345 So.2d 763 (Fla. 4th DCA 1977), the court upheld the Slavin doctrine and recognized that under Slavin the contractor would not be liable if it was the property owner’s negligence in failing to correct the defect that actually caused the injury.  The court held that if the owner could have corrected a defective condition that was known or reasonably would have been known after the owner accepted the project from the contractor, then the owner was the true cause of a third party’s injuries, and the contractor would not be liable.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

Comments

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