Whether or not a Florida landowner is liable to a member of the public for injuries resulting from an accident on his or her property depends in large part on the status of the visitor at the time of the accident. The status will determine the landowner’s duty of care…
In a previous blog, I wrote that Republicans in the 2010 Florida Legislature had designs on shifting the standard of proof in slip & fall cases to favor business establishments. Despite strong opposition from Democrats and the Florida Justice Association, the Republicans have accomplished their goal. On Apri 14, 2010,…
In a previous blog, I wrote that the 2010 Florida Legislature was attempting to pass a law purposely crafted to reverse or limit the ruling in Kirton v. Fields, 997 So.2d 349 (Fla., 2008), the Florida Supreme Court case which held that pre-injury releases executed by parents on behalf of…
The Port of Miami is one of the busiest cruise ship ports in the world. Thousands of passengers from around the world sail from its docks weekly. Many of these passengers become victims of cruise ship negligence, from food poisoning, to slipping and falling, to onboard sexual molestation. For those…
History was made today by the Florida Legislature. After remaining at the same level for 30 years, Florida’s sovereign immunity limits – i.e., the maximum amount government entities can be forced to pay to victims in personal injury cases* – were increased by the 2010 Florida Legislature from $100,000 per…
When the economy lags, like now, so do the amount of reported job-related accidents and workers’ compensation claims filed. I speak from the experience of handling claimants’ workers’ compensation cases for the past 23 years. Employees fear being fired for having an accident on the job. In my experience, the…
Our law firm was recently hired by a military veteran who claims to have been infected with the liver disease Hepatitis C by equipment used to perform colonoscopies at the Veterans Administration (VA) hospital in Miami, Florida. Last year the VA acknowledged contamination issues with endoscopic equipment used to perform…
In my 25 years of representing accident victims, I have found rotator cuff injuries to be about the most debilitating of all traumatic injuires for those employed as manual laborers. Unfortunately, it is a very common injury – for example, shoulder pain is second to back pain as the bases…
Proving compensability of heart attacks and strokes under Florida’s workers’ compensation system has always been difficult. Even when the law allowed the award of “reasonable” carrier-paid hourly attorney’s fees to the successful Claimant’s attorney, whether or not to accept a case required serious thoughtful consideration. Now that Florida’s new attorney’s…
Compensation for pain and suffering is available in most types of accident cases. It is not available in Florida workers’ compensation cases. Florida’s workers’ compensation system was instituted so that employees injured at work would not have to prove fault in order to receive benefits. Entitlement to compensation was to…