Economic Loss Doctrine, Peculiar Risk, Statutes of Limitation and Repose, Contributory Negligence

Read the full article at https://www.linkedin.com/pulse/video-explaining-some-defenses-mold-claims-barry-zalma-esq-cfe and see the full video at https://rumble.com/vqu68o-a-video-explaining-some-defenses-to-mold-claims.html and at https://youtu.be/0EGQf6SUjMQ and at https://zalma.com/blog plus more than 4000 posts. 

Economic Loss Doctrine

“The economic loss doctrine is a judicially created doctrine providing that a commercial purchaser of a product cannot recover from a manufacturer, under the tort theories of negligence or strict products liability, damages that are solely ‘economic’ in nature.” It is a defense to tort claims that arise in construction matters and, in all claims, relating to property damage due to mold. Under the economic loss doctrine, a plaintiff who suffers only financial injury (as opposed to personal injury or emotional distress, or damage to real or personal property) as a result of another’s actions cannot seek recovery in tort. Instead, the plaintiff is limited only to recovery under a breach of contract theory.

Statutes of Limitation & Repose

In every suit relating to mold the statutes of limitation or the statutes of repose are a key issue to be resolved at, or before, trial. If it can be shown that a statute of limitation or a statute of repose applies, the case will end and the plaintiff will recover nothing. If established by a motion for summary judgment, or other pretrial proceeding, the case will never go to trial.

Assumption of the Risk

Where a voluntary participant in a sports activity suffers an injury that is a foreseeable risk of participation, in that activity, his claim is barred by the assumption of the risk doctrine. 

Contributory or Comparative Negligence

When bringing an action against a person for damages resulting from mold, the litigant must be aware how effective a claim of comparative negligence can be to reduce the amount recoverable.

ZALMA OPINION

Mold claims seem to be brought under multiple theories of contract, warranty and tort. This video explains in detail some of the available defenses that a party, or the party’s insurer, will assert to avoid the mold claim or suit.

© 2021 – Barry Zalma