General pre-incident release for inspection
Dear Fellow Members,
Anybody know of any case law determining plaintiff may
require a pre-incident release for defendant's experts to conduct a 1.350
inspection of premises which are known to be compromised and may be unsafe?
Highest regards,
cid:image0066952.jpg
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Charles,
I do not know of any cases. However, I would think that a motion for a protective order would be appropriate with the requested relief being not to allow the inspection because of the unsafe condition of the building or alternatively to have the Court impose a condition that the inspection may proceed only if releases and proof of insurance are provided prior to the inspection.
Albert T. Franson
Board Certified in Construction Law
Franson & Iseley, P.A.
1650 Prudential Drive, Suite 100
Jacksonville, Florida 32207
Telephone: (904) 396-1800
Facsimile: (904) 396-1804
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From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Charles Kramer
Sent: Wednesday, September 28, 2011 12:06 PM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] General pre-incident release for inspection
Dear Fellow Members,
Anybody know of any case law determining plaintiff may require a pre-incident release for defendant's experts to conduct a 1.350 inspection of premises which are known to be compromised and may be unsafe?
Highest regards,
[cid:image001.png@01CC7E8E.81B96B10][cid:image002.jpg@01CC7E8E.81B96B10]
CONFIDENTIALITY: This electronic message transmission contains information from the law firm Rogers, Morris & Ziegler LLP that is considered confidential or privileged. The information is intended solely for the recipient and use by any other party is not authorized. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify me immediately by telephone (954-462-1431).
Albert,
Thank you for your considering this matter. Fortunately,
opposing counsel has agreed to have all his client's experts sign the
releases. This is an insurance case and my client must permit inspection of
premises. The only problem is that it is a compromised roof on a large
shopping mall. We have concerns somebody might fall off the roof (no
parapets) or go through the roof and sustain injury while inspecting. Spoke
with several other members about this and none of them have ever had an
issue with the court. I have been doing this for 15 years and I have never
had a problem either. This looked like it was going to be a first but
thankfully everything turned out fine.
Highest regards,
cid:image0066952.jpg
CONFIDENTIALITY: This electronic message transmission contains information
from the law firm Rogers, Morris & Ziegler LLP that is considered
confidential or privileged. The information is intended solely for the
recipient and use by any other party is not authorized. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or
use of the contents of this information is prohibited. If you have received
this electronic transmission in error, please notify me immediately by
telephone (954-462-1431).
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Albert
Franson
Sent: Thursday, September 29, 2011 9:59 AM
To: 'RPPTL constructionlaw'
Subject: Re: [RPPTL-constructionlaw] General pre-incident release for
inspection
Charles,
I do not know of any cases. However, I would think that a motion for a
protective order would be appropriate with the requested relief being not to
allow the inspection because of the unsafe condition of the building or
alternatively to have the Court impose a condition that the inspection may
proceed only if releases and proof of insurance are provided prior to the
inspection.
Albert T. Franson
Board Certified in Construction Law
Franson & Iseley, P.A.
1650 Prudential Drive, Suite 100
Jacksonville, Florida 32207
Telephone: (904) 396-1800
Facsimile: (904) 396-1804
Franson & Iseley, P.A. E-Mail Confidentiality Notice
This transmission may be: (1) subject to the attorney -client privilege;
(2) attorney work product; or (3) strictly confidential. If you are not the
intended recipient of this message, you may not disclose, print, copy or
disseminate this information. If you have received this information in
error, please reply, notify the sender, and delete the message.
Unauthorized interception of this e-mail is a violation of federal law.
From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Charles
Kramer
Sent: Wednesday, September 28, 2011 12:06 PM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] General pre-incident release for inspection
Dear Fellow Members,
Anybody know of any case law determining plaintiff may
require a pre-incident release for defendant's experts to conduct a 1.350
inspection of premises which are known to be compromised and may be unsafe?
Highest regards,
cid:image0066952.jpg
CONFIDENTIALITY: This electronic message transmission contains information
from the law firm Rogers, Morris & Ziegler LLP that is considered
confidential or privileged. The information is intended solely for the
recipient and use by any other party is not authorized. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or
use of the contents of this information is prohibited. If you have received
this electronic transmission in error, please notify me immediately by
telephone (954-462-1431).
