Jeffrey P. Gale, P.A. // Ignorance of Document Contents Does Not Excuse Responsibility

The phrase “ignorance of the law is no defense” is a well-known legal maxim. It means that a person cannot escape liability simply by claiming they were unaware their conduct was unlawful.

A similar principle applies to written instruments: ignorance of a document’s contents does not absolve a signatory of the responsibilities it imposes.

We pursued a personal injury action in Broward County against a homeowner after our client sustained serious injuries on the homeowner’s property during a construction project. One of our central theories of liability was that the homeowner assumed a nondelegable duty by undertaking the role of owner-builder.

Under Florida law, only licensed contractors are ordinarily permitted to obtain building permits and supervise construction work. However, Florida Statute § 489.103(7)(a)1 provides a narrow exemption: owners of single-family residences may act as their own contractors for improvements made for personal use, provided they execute specific documents acknowledging this status. In our case, the homeowner secured a permit under this exemption.

As a condition of receiving the permit, the homeowner signed both the permit application and the “Owner-Builder Disclosure Statement.” The document clearly states that by acting as an owner-builder, the homeowner assumes ultimate legal responsibility for the actions and negligence of those working under his direction—licensed or not.

Despite this, the homeowner hired an unlicensed contractor to oversee the project and took no supervisory role himself. Our client, a young and inexperienced laborer, was seriously injured when he fell from a ten-foot wall and struck his face on a metal pole. We have sued the unlicensed contractor for negligent supervision and failure to provide safe equipment. We have also sued the homeowner, asserting that under both the statute and the signed disclosures, he is legally responsible for the contractor’s negligence.

The homeowner now claims he did not read the documents and therefore did not understand the legal responsibilities he undertook. But Florida law does not recognize such a defense.

The Florida Supreme Court rejected a similar argument in All Florida Surety Co. v. Coker, 88 So. 2d 508 (Fla. 1956), where parties sought to avoid the obligations of a performance bond by claiming they failed to read it. The court held the documents binding, regardless.

The rule was reaffirmed in Allied Van Lines, Inc. v. Bratton, 351 So. 2d 344 (Fla. 1977):

“Unless one can show facts and circumstances to demonstrate that he was prevented from reading the contract, or that he was induced by statements of the other party to refrain from reading the contract, it is binding. No party to a written contract in this state can defend against its enforcement on the sole ground that he signed it without reading it.” (Emphasis added.)

The law requires individuals to exercise reasonable prudence. As the court stated in Johnson v. Green, 54 So. 2d 44, 46 (Fla. 1951):

“Our legal system does not excuse people for failing to exercise reasonable prudence.”

Here, the homeowner voluntarily signed official documents that plainly set forth his obligations under Florida law. We convinced him that he could not disavow those obligations by claiming ignorance, resulting in a substantial confidential settlement.

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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.

DISCLAIMER: This information provided by Jeffrey P. Gale, P.A. is for informational purposes only and is intended to be used as a non-legal guide prior to consultation with an attorney familiar with your specific legal situation. It should not be considered legal advice or counseling. No such legal advice or counseling is either expressly or impliedly intended. This information is not a substitute for the advice or counsel of an attorney. If you require legal advice, you should seek the services of an attorney.