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Articles Tagged with silicosis

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When a company shuts down operations, pays off creditors and steps away, those involved may believe that’s the end of it and begin moving onto other endeavors. However, if the company has products that may have caused injury to others, the firm could be subject to litigation well after the doors are closed.footprintsdust

In Florida, F.S. 607.1407 is known as the “corporate survival statute,” and it allows plaintiffs in tort actions to bring claims against the company for up to four years after it formally dissolves.

That assumes the company has properly dissolved – and not simply stopped operations – and that there was proper notification of that dissolution, either via public notice or personally to known creditors or claimants.

In the case of Williams v. Clark Sand Company, Inc., the  Mississippi Supreme Court was asked to weigh several issues pertaining to Florida’s corporate survival statute, and whether claims regarding latent injuries could be brought more than four years after the corporation dissolved. Continue reading →

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