Florida/Georgia Personal Injury & Workers Compensation

...1365(e) provides: Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard of limitation or to seek any other relief (including relief against the Administrator or a State agency). The Florida law, section 373.313(3) provides: Notwithstanding any other provision of law, nothing ......

...466 , 469 (E.D.N.Y 1989) (holding that "as is" clause did not bar an action to recover hazardous waste cleanup costs). Although these cases both dealt with violations of the federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), at least one Florida court has held that § 373.313 was modeled after CERCLA and should be given the same interpretation as CERCLA. Gen. Dynamics v. Brottem , 53 So.3d 334 , 337 (Fla. 5th DCA 2010). Since several federal courts have held that CERCLA claims are not barred by "as is" clauses, then it stands to reason that "as is" clauses should not bar claims brought under § 373.313....

...of the Property. Defendants cannot now hide behind the doctrine of caveat emptor for their alleged failure to fully remediate the contamination of PCE on the Property. Second, the legislature intended to limit the defenses to a cause of action under § 373.313 to those specified in the statute....

...ove negligence in any form or manner. Such person need only plead and prove the fact of the prohibited discharge or other pollutive condition and that it has occurred. The only defenses to such cause of action shall be those specified in s. 376.308. § 373.313(3)....