Florida § 337.195 - Limits on liability.

§ 337.195. Limits on liability.

(1) As used in this section, the term: (a) “Contract documents” has the same meaning as in the applicable contract between the department and the contractor. (b) “Contractor” means a person or an entity, at any contractual tier, including any member of a design-build team pursuant to s. 337.11, who constructs, maintains, or repairs a highway, road, street, bridge, or other transportation facility for the department in connection with a department project. (c) “Design engineer” means a person or an entity, including the design consultant of a design-build team, who contracts at any tier to prepare or provide engineering plans, including traffic control plans, for the construction or repair of a highway, road, street, bridge, or other department transportation facility for the department or in connection with a department project. (d) “Traffic control plans” means the maintenance of traffic plans designed by a professional engineer, or otherwise in accordance with the department’s standard plans, and approved by the department. (2) In a civil action for the death of or injury to a person, or for damage to property, against the department or its agents, consultants, or contractors for work performed on a highway, road, street, bridge, or other transportation facility when the death, injury, or damage resulted from a motor vehicle crash within a construction zone in which the driver of one of the vehicles was under the influence of alcoholic beverages as set forth in s. 316.193, under the influence of any chemical substance as set forth in s. 877.111, under the influence of marijuana as authorized by s. 381.986, excluding low-THC cannabis, or illegally under the influence of any substance controlled under chapter 893 to the extent that her or his normal faculties were impaired or that she or he operated a vehicle recklessly as defined in s. 316.192, it is presumed that the driver’s operation of the vehicle was the sole proximate cause of her or his own death, injury, or damage. This presumption can be overcome if the gross negligence or intentional misconduct of the department, or of its agents, consultants, or contractors, was a proximate cause of the driver’s death, injury, or damage. (3) A contractor who constructs, maintains, or repairs a highway, road, street, bridge, or other transportation facility for the department is not liable to a claimant for personal injury, property damage, or death arising from the performance of the construction, maintenance, or repair if, at the time of the personal injury, property damage, or death, the contractor was in compliance with contract documents material to the condition that was the proximate cause of the personal injury, property damage, or death. (a) The limitations on liability contained in this subsection do not apply when the proximate cause of the personal injury, property damage, or death is a latent condition, defect, error, or omission that was created by the contractor and not a defect, error, or omission in the contract documents; or when the proximate cause of the personal injury, property damage, or death was the contractor’s failure to comply with the traffic control plans as required by the contract documents. (b) This subsection may not be interpreted or construed as relieving the contractor of any obligation to provide the department with written notice of any apparent error or omission in the contract documents. (c) This subsection may not be interpreted or construed to alter or affect any claim of the department against such contractor. (d) This subsection does not affect any claim of any entity against such contractor, which claim is associated with such entity’s facilities on or in department roads or other transportation facilities. (4) In all cases involving personal injury, property damage, or death, a design engineer is presumed to have prepared engineering plans using the degree of care and skill ordinarily exercised by other engineers in the field under similar conditions and in similar localities and with due regard for acceptable engineering standards and principles if the engineering plans conformed to the department’s design standards material to the condition or defect that was the proximate cause of the personal injury, property damage, or death. This presumption can be overcome only upon a showing of the design engineer’s gross negligence in the preparation of the engineering plans and may not be interpreted or construed to alter or affect any claim of the department against such design engineer. The limitation on liability contained in this subsection does not apply to any hidden or undiscoverable condition created by the design engineer. This subsection does not affect any claim of any entity against such design engineer, which claim is associated with such entity’s facilities on or in department roads or other transportation facilities. (5) If, in any civil action for death, injury, or damages, the department or a contractor or design engineer is determined to be immune from liability pursuant to this section, the department, contractor, or design engineer may not be named on the jury verdict form or be found to be at fault or responsible for the injury, death, or damage that gave rise to the damages for the theory of liability from which the department, contractor, or design engineer was found to be immune.