By its decision in Vargas v. Enterprise Leasing Company (Case no.: SC08-2269; opinion issued on April 21, 2011), the Supreme Court of Florida has declared that car rental agencies, unlike regular citizens and other businesses, are not vicariously liable for accidents involving the vehicles they own. Score one for big…
What are the rights of expectant parents for the death of a fetus from an incident like a slip and fall or medical malpractice? Surprisingly, because a fetus is not considered a person under Florida’s Wrongful Death Act, Tanner v. Hartog, 696 So.2d 705 (Fla. 1997), neither parent may bring…
For too long, Florida employers and their workers’ compensation insurance carriers have been able to accuse employees of insurance fraud without consequence if proven wrong. No longer. Until the recent decision in Carrillo v. Case Engineering Inc./Claims Center, (Fla. 1st DCA 2-11-2011), employers and their insurance carriers were free to…
Whether a person injured on real property owned or controlled by another will be successful in bringing a claim for damages, depends in large part on the injured person’s status on the property at the time of the accident. The general categories and the duty owed under each are set…
Vehicles like the Ford Bronco II, Ford Explorer and 15-passenger vans are designed with an unreasonable risk of rollover. Although there are many things manufacturers can do to prevent rollover accidents, rollover accidents will occur in vehicles considered safe. Knowing this, manufacturers should implement safety features designed to limit rollover…
Florida civil litigation lawyers rely on a few basic Internet reference resources in almost every case. Some are free, others are not. The free links include: Florida Statutes Florida Rules of Procedure Florida Standard Jury Instructions (Civil Cases) Florida Administrative Code U.S. Code Federal Rules of Civil Procedure Google Scholar…
Florida premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. It is a negligence-based system, meaning that responsibility is apportioned in accordance with fault. This is…
When it comes to the civil justice system, the U.S. Chamber of Commerce is a hypocritical ass. While the U.S. Chamber of Commerce spends millions of dollars and focuses immense resources on lobbying campaigns aimed at limiting regular consumers’ access to the courthouse – the group’s affiliate, the Institute for…
Our law firm (along with co-counsel firm Domnick & Shevin, LLP) is currently involved in litigation against the Enterprise car rental company. In 2008, Enterprise rented a vehicle, in Miami, to a person whose Florida driver’s license was under suspension for failing to appear in court on a number of…
Florida Statute Section 440.09(4)(a) provides that an employee shall not be entitled to workers’ compensation benefits if the employee has intentionally or knowingly engaged in any of the acts described in s. 440.15 for the purpose of securing workers’ compensation benefits. Knowingly presenting false ID to obtain employment is an…