Fla. High Court Says Fishermen Can Recover Economic Losses

TALLAHASSEE - Florida's highest court has ruled that fishermen have statutory and common law rights of recovery for economic losses if a private party negligently pollutes their fishing grounds. Curd v. Mosaic Fertilizer, LLC, No. SC08-1920 (Fla. Sup. Ct.).

The Supreme Court justices were unanimous on June 17 in finding that the fishermen have a statutory right to recover for economic losses, while four of the five participating justices agreed that there is also right of recovery under common law.

The questions certified to the high court were these:

"Does Florida recognize a common law theory under which commercial fishermen …