Professional Negligence Law Reporter

The Alabama Supreme Court held that plaintiffs must present expert testimony establishing the standard of care in a suit against a home inspection company and its owner.

Hudgen and Jodi LeBlanc sued Residence Doctor Home Inspection, LLC, and its owner, Terry Holder, alleging negligence, breach of contract, and fraudulent misrepresentation. The plaintiffs claimed the defendants failed to inform them of structural issues in their home during the inspection process, in violation of the Alabama Standards and Procedures for Home Inspectors. The defense moved for summary judgment on the basis that the plaintiffs had failed to provide expert testimony on the applicable standard of care or Holder’s breach of that standard.

The trial court granted the motion on the plaintiffs’ negligence and breach of contract claims and dismissed their fraud, suppression, and wantonness claims with prejudice.

Affirming, the state high court noted that expert testimony is required in cases in which a party has alleged a professional has breached the applicable standard of care. The court found that—similar to suits against professional real estate appraisers, which rely on expert testimony to establish a breach of the standard of care—cases against home inspectors require expert testimony. The court reasoned that, like appraisers, home inspectors must be licensed, are regulated by the state, and engage in a profession requiring specialized knowledge. As such, the court said, the plaintiffs here were required to present expert testimony to establish the standard of care and the defendants’ breach. The plaintiffs’ failure to designate such an expert warrants affirming summary judgment, the court held.

Citation: LeBlanc v. Residence Doctor Home Inspection, LLC, 2024 WL 4796676 (Ala. Nov. 15, 2024).