Articles Posted in personal injury

Landlords of residential properties – like most all property owners – have a responsibility to ensure their site is in reasonably safe condition for both tenants and visitors.

F.S. 83.51 requires that landlords to comply with all applicable building, housing and health codes and make sure all exterior walls, foundations, steps, porches, floors, doors and windows. Plumbing has to be in usable, workable condition, screens have to be in reasonable condition and they must also provide locks and keys and make sure common areas are kept in a safe, clean condition.

When they fail in their duty, they may be held liable for resulting injuries. The only real exception would be if a tenant is harmed by conditions created or caused by tenant’s own negligence or wrongful act or by the negligent/ wrongful act of the tenant’s family or other person on site with tenant’s consent.  Continue reading

Approximately 15 million Americans have food allergies, according to Food Allergy Research & Education, Inc., which further notes this potentially deadly condition affects 1 in 13 children under 18 (or two in every classroom). Approximately 90 percent of these allergies stem from milk, eggs, peanuts, tree nuts, fish, wheat, soy and shellfish. Every three minutes, someone is rushed to an emergency department due to a food allergy reaction.

Food manufacturers, processors and distributors (including grocers, restaurants and schools) may be liable for a patron or consumer’s allergic reaction to food in a variety of circumstances. It’s not expected that these providers will be able to protect consumers from all harm. In general, in order to prove these entities were negligent, the plaintiff will have to show the manufacturer/ business breached a duty of care that caused the customer damage. There is no recognized duty that requires exclusion of all allergens in food products or to shield all consumers from potential allergic reactions.

That said, manufacturers, restaurants and other distributors may have a duty to warn customers about allergens, per the Food Allergen Labeling and Consumer Protection Act of 2004. It’s the duty of a food allergic consumer (and/ or the parents) to avoid those allergens. However, providers need to list the common name of major food allergens in their listed ingredients (i.e., “whey” needs to be listed as “milk” or “lecithin” as “soy”). Alternatively, companies can indicate the product “contains” or “may contain” certain potentially allergic ingredients, which must be listed. Those companies that don’t label major allergens or do so inadequately can have their products subject to recall, and could be liable if someone suffers a severe reaction as a result of relying on that inadequate label or incorrect label. Continue reading