CSK Maritime Litigation Group
Miami & Key West Partner Richard Rusak | Board Certified in Admiralty & Maritime Law
Miami & Key West Associate Alaire Bretz
Case Summary
This federal admiralty case arose after a luxury fishing yacht caught fire while docked at a private residence, resulting in a total loss. The Plaintiff alleged the fire was caused by electrical defects at the dock. The Defendant, a dock builder, constructed the dock and subcontracted the electrical work. The Plaintiff claimed the dock build failed to comply with the Florida Building Code because the electrical system lacked ground-fault protection, which allegedly caused the fire. The court was asked to determine whether the dock builder and electrical contractor violated applicable building codes and could be held liable for the loss.
Defense Strategy
The CSK Maritime Litigation Group centered the defense on a single, dispositive issue: which version of the Florida Building Code applied to the project. The defense demonstrated that Florida law requires application of the building code in effect when the permit application is submitted, which governs the project for the life of the permit. Although the code was later changed to require additional electrical safety measures prior to the commencement of the dock’s construction, those changes did not apply retroactively. Permitting records and county inspector testimony confirmed the dock passed final inspection under the correct code, defeating all liability theories.
Outcome
The court entered complete summary judgment for the dock builder and its electrical subcontractor, finding no building code violation and no basis for liability. Because the dock complied with the applicable code, the absence of newer safety features did not constitute negligence or a statutory violation. The decision reinforces that compliance with the building code in effect at the time of permitting can provide a complete defense, even in high-exposure cases involving catastrophic property loss.
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