Court Dismisses Collapsed Deck Lawsuit

In an unusually timed release of opinions, the Georgia Supreme Court recently ruled on 21 pending cases including S10G0877: Rosenberg v. Falling Water Inc.
The case resulted from a collapsed deck that had been built on a home owned by Richard Rosenberg in Cobb County, Georgia. In 1994, Rosenberg had hired local contractor Falling Water Inc, to build the deck. Eleven years later in August of 2005, Rosenberg walked out onto the deck to inspect recent upgrades when it suddenly collapsed, causing serious injuries during the fall.
After an unsuccessful ruling at the appellate court level, Rosenberg took the case to the Supreme Court where he argued that the Court of Appeals had erred in interpreting the principles of fraudulent concealment. Rosenberg advanced the position that this faulty view of equitable estoppel essentially rewarded “wrongdoers” for deceitful conduct. Falling Water argued that it was protected by Georgia’s eight year limitation on deficient construction claims, and the law could not be superseded by equitable estoppel.
The Court ruled 4-3 in favor of Falling Water based on the statute of repose. The majority believed that even if the fraud was actually committed, the builder was entitled to protection from claims brought 11 years later. In essence, the complaint would only have been valid if it had been filed within eight years of the date of completion.
In the opinion for the majority, Judge Harold Melton outlined how the statute of repose established the time limitations for a plaintiff’s claim. Since Rosenberg was not injured until many years after the statute had expired, he never had a legitimate legal claim against Falling Water. Writing for the minority, Chief Justice Hunstein expressed concern that the majority opinion lacked a foundational basis for distinguishing between cases that fell outside the parameters of the statute, and those where damages occurred after the statute had expired.
Although the Rosenberg case was tried in Georgia, every state has laws relating to the statute of limitations. In Florida, civil cases must generally be filed within four years of the original event, with the exception of libel and malpractice which present a limitation of only two years.
Personal injury claims can become complex, especially when they involve multiple defendants from different companies. Anyone who has suffered an injury as a result of fraud or negligence should immediately contact a Florida Personal Injury Lawyer. Qualified attorneys work diligently to protect their client’s rights and ensure that the claim is not invalidated due to the expiration of the statute of limitations.

Cruise Ship Accidents and Safety

In January, a 15-year-old girl was raped aboard the Royal Caribbean “Allure of the Seas” after leaving out of Ft. Lauderdale. She met some older boys from Brazil at a nightclub after 1:45 am. They invited her to a private party in their room and sadly she went with them. Once inside, she was trapped and raped. The ship’s personnel notified the FBI and the Broward Sheriff, who conducted a complete investigation before arresting the offenders. In this instance, the ship did what was legally required. While there is no action to be brought against the carrier unless they knew or should have known of the propensity of the offenders, a lesson can be learned from this horrible event. These giant ships are like microcosms of cities. Crimes can occur and do. Be careful after hours. Don’t enter deserted, dark and out-of-the-way stairwells. Do not go to the staterooms of strangers. Above all, impress upon your teenagers and children that they need to be extra careful, and never go out alone. Aloha.

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