As you and your family set out to enjoy Florida’s many theme parks and other attractions this summer, you will likely encounter one or two releases or waivers of liability and wonder whether they are legally enforceable in the event of a personal injury. Florida law generally disfavors waivers and construes them strictly against the defense.
While many people work hard to maintain their property and keep it presentable, they may not realize that they are under a legal duty to make sure their property is safe, particularly for workers who must enter their property for business purposes as well as social visitors.
The effects of long-term concussions have appeared recently in national headlines as more former players are taking legal action against the NFL, claiming that the league did not take appropriate measures to protect its players against head injuries.
Tyler Morr died this past Wednesday afternoon, May 23, 2012, at All Children’s Hospital in St. Petersburg, Florida after sustaining grievous injuries following a youth race car crash on the preceding Saturday. Tyler was only 12 years old and a racing competitor within the cockpit of a high performance race car at the time of his fatal crash. Needless to say, the standards for ensuring safety of the competitors are not always clear when it comes to a stock car race involving children.
After Florida legislators disseminated and debated multiple versions of PIP reform bills, the House and Senate approved HB 119 on March 9, 2012. The bill is awaiting signature by Florida Governor Rick Scott, a major proponent of reforming the state’s current personal injury protection (PIP) law.
Posting photos, videos, and comments on Facebook and other forms of social media may can have serious legal consequences. Last week, a Fort Lauderdale, Florida man was arrested for violating his probation after stealing a judge’s nameplate from the courtroom door.
Trooper Daniel Cole of the Florida Highway Patrol was recently cleared of any misconduct in connection with his use of a taser to deter a woman trying to flee from police custody, but the young woman’s family plans to file a lawsuit against the agency.
The Florida House Civil Justice Subcommittee voted to pass CS/HB119 on Wednesday afternoon, moving Florida lawmakers one step closer to radically affecting the rights of Florida residents who are involved in auto and other motor vehicle accidents.
The hazards of some toys that may find their way under your tree this holiday season can be serious—even fatal. On November 22, 2011, the Florida Public Interest Group (“PIRG”) released its 26th annual “Troubles in Toyland” report on dangerous toys.
Among the protective legal measures concerning child safety is the “Attractive Nuisance Doctrine.” This doctrine is applied in the context of personal injuries to children as a result of a property owner’s negligent failure to warn, repair, or properly maintain the premises to prevent foreseeable harm to minors.
