Florida, Statutory Immunity

The Third District Court of Appeal of Florida, on October 19, 2022, in Bal Harbour Tower Condominium Association, Inc. v. Bellorin, determined that an employee of a valet service could not maintain a negligence lawsuit against a condominium association for injuries sustained while working on the condominium premises. The court, relying on Florida statute 440.10(1)(b)—which provides statutory employer status to contractors with respect to employees of subcontractors hired to perform the contracted work—found that the association was a contractor to the valet service under the statute. Because the association was contractually obligated to provide valet services to the condominium residents and subcontracted that obligation to the valet’s employer, the court concluded the association was the valet’s statutory employer and entitled to immunity.   Read the opinion……………………………