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Abrogation of Florida’s Economic Loss Rule (ELR) and What It Means

Background

The “Economic Loss Rule” or “ELR” is a judicially created doctrine, which stands for the proposition that if there is a contract between two parties, then absent physical property damage or bodily injury, those parties rights to sue for things related to that contract are, in essence, limited to a lawsuit for breach of contract.  In other words, they cannot to sue for a tort such as unjust enrichment.  Stated differently, the Economic Loss Rule bars a tort claim such as negligence or fraud when the losses or damages are purely economic.

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