Tourism is one of the biggest industries in Florida, with more than 128 million visitors flocking to the Sunshine State last year. A sizable number of those opt to stay in one of the state’s 423,000 hotel rooms. Like any other property owner, hotels, motels and resorts owe a duty of care to their patrons…
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A cruise line has a responsibility to know that passengers are at risk of sexual assault, and have a duty to do more when it comes to the protection of minors especially. That was the conclusion of the U.S. Court of Appeals for the Eleventh Circuit in Miami, overturning the lower court’s grant of summary…
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Florida Statute 768.19 holds that when a person’s death is caused by the wrongful act, negligence, default or breach of contract by someone else/another entity, the estate of decedent can pursue a civil lawsuit against that person in Florida’s courts for legal remedy for death/losses. But does this right of action still exist if the…
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Hollywood theatrics have most people convinced there is some type of formal “reading of the will” in which all concerned parties gather around the desk of a wills and trust attorney’s desk to hear what each has been bequeathed. In reality, there isn’t any legal mandate requiring said records to be read aloud. Rather, what…
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Florida’s new texting-and-driving law holds the promise of potentially safer roads throughout the Sunshine State. After years of pushing by public safety advocates – first for the original state texting-and-driving law and then to amend that law to make it a primary offense – Florida has a brand new distracted driving statute. The new measure,…
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After several attempts to upload electronic wills in Florida, a measure approving them has passed and will go into effect Jan. 1, 2020. HB 409 amended numerous sections of the state probate code pertaining to wills. Florida’s e-will law: Redefines the term “will” to conform to the changes made in the act; Exempts e-wills from…
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Plaintiffs in trucking crash accidents should be allowed access to the data in onboard electronic monitoring devices. A federal judge has ordered the defendant in a Florida trucking accident lawsuit to turn over the electronic control module (ECM) data on the freight company vehicle involved in a crash that resulted in serious injury to the…
Continue reading ›A woman is suing Disney World in Orlando, alleging she suffered a traumatic brain injury when a wild, migratory bird suddenly attacked her – a danger about which she says the theme park failed to warn. What duty – if any – do Florida theme parks and other property owners have to guests? The answer…
Continue reading ›The Florida Supreme Court just raised the bar on allowable scientific evidence with its nixing of the longstanding Frye test in favor of the more rigid Daubert, the latter followed by federal courts as well as those in most other states. This will mean additional hurdles, expense and time delays for plaintiffs in Florida injury…
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Teenagers are some of the highest-risk drivers on Florida roads. Large trucks are among the most lethal vehicles. Yet the Federal Motor Carrier Safety Administration is floating the idea of a potential pilot program that would give 18-to-20-years-old the keys to big rigs. As it stands, federal regulation limits allowances on interstate commercial vehicle operation…
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