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Florida Injury Attorney Blawg

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The Use of Epidemiology in Personal Injury Cases (Florida)

Epidemiology is the study of patterns of health and illness and associated factors at the population level. Forensic (applying science to answer questions of interest to a legal system) epidemiology can be useful in personal injuries cases to prove causation of an injury. The personal injury claimant has the burden…

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Nondelegable Duty of Florida Landowners to Maintain Safe Premises

Companies and individuals in possession or control of real property have a nondelegable duty to keep that property in a reasonably safe condition. Liability for personal injuries caused by a breach of the duty cannot be avoided by hiring an independent contractor to maintain the property in a reasonably safe…

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Wise Words From Former Republican Senator Fred Thompson on the Civil Justice System and “Tort Reform”

From time to time, I will post to my blog site the writings of other individuals on legal topics of interest to me. For those familiar with my own blogs, it is clear that I strongly oppose efforts to limit the authority of juries to render just verdicts. Particularly insidious,…

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Florida Negligent and Inadequate Security Law and Intentional Criminal Acts

Florida no longer recognizes the principle of joint and several liability with regard to satisfying final judgments rendered in personal injury cases. Under the concept of joint and several liability, one liable defendant could be forced to pay for the fault of other defendants. One of the theories behind the…

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President Obama Mentions Medical Malpractice Reform (“Deform”) in 2011 State of the Union

I voted for President Obama and fully expect to vote for him again in 2012. However, I am disappointed by one of his remarks delivered in the 2011 State of the Union message. In speaking about taking steps to improve the economy, the president mentioned that he is willing to…

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Personal Liability of Managers Under the Fair Labor Standards Act (FLSA)

One of the principal reasons for business being conducted through a corporation, is for the officers, directors, managers, and shareholders of the corporation to be shielded from personal liability for the company’s failures and mistakes. Absent fraud or comingling, the so-called corporate shield is supposed to protect them from personal…

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Florida Legal Issues Regarding Motorcycle Insurance

No type of insurance coverage is required to lawfully operate a motorcycle in Florida. The owner of a motorcycle can obtain a license plate and registration without any coverage. This is different than the law with regard to cars and trucks. The owner of either of those types of motor…

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FLSA/Overtime Protection for Light Weight Truck Drivers

The Fair Labor Standards Act (FLSA), enacted in 1938, was Congress’s effort to create and maintain minimum standards of living for workers in industries engaged in interstate commerce. Congress attempted to secure this goal, in part, by enacting a prohibition which generally mandated that individuals who work more than 40…

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