VibrationPropertyDamageDevelopers and construction firms often elect to use heavy equipment, blasting or pile driving in the performance of their construction projects.   If your property is in close proximity to a construction project where heavy equipment, pile driving or blasting is being used, your property may incur damage related to the vibration caused by these activities.

If you believe your property has sustained damage due to vibration-related sources, you can assess whether your damage was the result of vibration by using any of the following methods:

Pre-Construction Condition Surveys – Prior to beginning the construction project, the contractor most likely prepared a pre-construction condition survey of the properties adjacent to the construction project in order to document any existing damage to the properties.  This document may include photos and/or video of the properties, along with notations of any existing damage.  This document or report is usually available from the building contractor or developer.

Seismograph Reports – A seismograph can be used to monitor the vibrations being caused by the construction activities and to document the intensity of the vibration.  An analysis of this data would help determine whether the vibration intensities reached a level that could have caused damage to your property.

Historical Data – In some instances, there may be historical data as to the intensity of vibration caused by the use of certain equipment.  If such information is available, it may not be necessary to use a seismograph to assess the intensity of the vibration caused by specific construction activities.  This historical data may then be further analyzed in relation to the distance between your property and the equipment being used.

Property Inspection – The inspection of your property is the easiest and most obvious manner by which to assess whether your property has incurred damage from construction-related vibration.  Most importantly, you must determine whether the current visible damage pre-existed the use of the vibration-causing equipment by the construction company.  Clearly, if the damage to your property existed prior to the beginning of the vibration causing activities, the damage is not the result of such activities.

If you believe your property has been damaged by the use of heavy equipment, pile driving, blasting, or any other vibration inducing activities, you should contact an attorney with experience handling vibration damage claims.  Our firm has handled vibration damage claims on behalf of both residential and commercial property owners.

Hurricane WindsAs we watch Hurricane Danny approach the Gulf, it is hard to believe that 10 years have passed since Hurricane Charlie and three other storms caused massive damage and property insurance claims throughout Central Florida.  Although the passage of time makes it easy to think that such storm damage is unlikely to happen again, we are not immune from further visits from Mother Nature.

It is important to prepare for the eventuality of a hurricane strike now, instead of waiting until the winds begin to blow before getting your family and property ready for the storm.  First, make sure to map our your evacuation route so that if you are ordered to leave (or just want to), you already know where to go and how to get there.  Whether or not you plan to evaluate, it is crucial that you stock up on water, non-perishable foods, and power sources (batteries).  It is also important to have a reliable radio so that you can stay informed as to the storm’s progress and any evacuation instructions.  Don’t forget about your pet either, as many shelters do not allow animals and leaving Fido in the back yard is not a very good option.

Hopefully, long before the arrival of a hurricane or storm, you reviewed your policy of property insurance to verify the coverages that exist for damage caused by high winds and water.  Be aware that certain rules, exclusions and deductibles apply for damage caused by a hurricane or storm, so if you have any questions, it is advisable to seek the advice of a professional with experience handling such issues.

Yes, dear reader, the above title is correct.  A Florida Appellate Court actually had to rule that your homeowner’s insurance is not responsible to pay for damage caused by the “sudden explosion” of someone’s body.  If you don’t believe me, you can read the actual opinion here.

Per the facts of the case, Ms. Rodrigo filed a lawsuit against State Farm Insurance Company for the damage caused to her condominium unit by blood and bodily fluids that had leaked into her unit from the above unit.  Apparently, an elderly lady living above Ms. Rodrigo passed away and, since no one discovered the body for a long period of time, the body began to bloat and decay –  to the point that the gasses inside the corpse built up enough pressure and the body’s abdomen burst.  The sudden “bursting” of her body released gases and fluids which, per Mr. Rodrigo’s claim, leaked into Mr. Rodrigo’s unit and caused damage to her personal items and….well….certain smells.  (I’ll ignore the parts about the deceased lady having several hungry dogs in the unit and the manner by which those dogs kept their hunger at bay during this time.)

The issue then became how to pay for the damage caused by this yucky stuff.  The subject insurance policy was a “named peril” policy, which only provided coverage for causes of loss that are specifically listed in the policy.  After noting that there was no coverage for gooey bodily fluids, Ms. Rodrigo tried to obtain coverage under the named peril of “explosion” – apparently keeping a straight face while doing so.  At trial, she presented testimony from a doctor that the contents of the deceased’s body, after undergoing advanced decomposition, “explosively expanded and leaked”.  She argued that since there had been an “explosion” of the deceased’s organs – surely it would qualify as damage caused by an “explosion” under the terms of the insurance policy.

Needless to say, neither the trial court nor the appellate court (Really??  You actually appealed this to a higher court!) agreed with this interpretation.