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Florida Injury Attorney Blawg

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Negligent Security (Rape/Assault/Murder) Law in Florida is a Creature of Premises Liability Law

I have blogged previously on various topics pertaining to premises liability law (open & obvious doctrine; slip & fall; dog bites; and natural conditions. One topic about which I have not written is negligent security. Negligent security cases involve harm to residents, guests, patrons and the like through the conduct…

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Crashworthiness Doctrine Under Assault in Florida Legislature

I am a member of the Florida Justice Association (FJA), a Tallahassee-based organization dedicated to strengthening and upholding Florida’s civil justice system and protecting the rights of Florida’s citizens and consumers. Within the organization is an Internet discussion group, of which I have been a member for more than ten…

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Florida Police Department Responsibility for Sexual Assault by Law Enforcement Officers

Florida police departments are not immune from employing a few bad apples. Occasionally, we learn of a law enforcement officer taking advantage of a vulnerable woman while in uniform during working hours. When such a vile event occurs, the legal question arises as to whether or not the offending officer’s…

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Wage/Income Loss Claims for “Illegal Immigrants”/Undocumented Workers in Florida Personal Injury and Workers’ Compensation Cases

The question often arises in Florida as to whether undocumented workers can be compensated for lost wages (past and future) in personal injury and workers’ compensation cases. With few exceptions, the answer appears to be No. Although the damages available in workers’ compensation and personal injury cases may differ, both…

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Debunking The Myth About Frivolous Lawsuits (Florida) – Installment #2

In installment #1 of this series of blogs addressing the myth regarding frivolous lawsuits, I tried to debunk the myth through common sense by noting some of the practical considerations that make handling baseless cases untenable for lawyers. In other words, practical considerations alone work against the notion that frivolous…

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Florida Workers’ Compensation – Out Of State Accidents

Many scenarios arise that bring into question the applicability of Florida’s workers’ compensation system for accidents that occur in other states. The general rule is that a worker injured outside of the state is eligible for Florida’s workers’ compensation benefits if: (1) The employer and the employee entered the contract…

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Dangerous Products

From time to time, I will list in this blog recent important information regarding manufactured products used by American consumers. Today’s entries: Darvocet and Darvon: Popular prescription pain medications, go by the generic name propoxyphene. FDA studies show that the drug puts patients at risk of potentially serious or even…

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Debunking The Myth About Frivolous Lawsuits (Florida) – Installment #1

Without knowing any better, one might believe that most lawsuits are frivolous. This is a popular message in American society spread through ignorance and deceit. The truth reveals a different reality. Through my blog, I will attempt to debunk through facts and reason this false notion regarding lawsuits. It will…

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Florida Workers’ Compensation Lost Wages Benefits

Florida’s workers’ compensation system contains many different types of wage loss benefits. Each is unique in scope and character. They are: Temporary total disability (TTD; 440.15(2)): Unable to work prior to maximum medical improvement (MMI) Temporary partial disability (TPD; 440.15(4)): Able to work with restrictions Impairment benefits (IB): Based on…

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