The exclusive remedy provision of workers’ compensation law stipulates it’s your only recourse against an employer. If you are left seriously injured or permanently disabled, it’s important to discuss with a South Florida injury attorney whether any third parties were negligent and, if so, whether they could be held liable to pay additional compensation.

Construction workers, who tend to have a higher-than-average rate of injury, often have grounds for third-party liability claims because frequently, there are many different entities involved with various responsibilities pertaining to safety. If your co-worker makes a mistake that results in your injury, you probably won’t have grounds to pursue anything additional there. However, if a property owner, general contractor, subcontractor, tool manufacturer or some other party fails in exercising a duty of care owed to workers on site, you might have a third-party claim. Also, if your employer did NOT have workers’ compensation insurance as required by law, you should be able to pursue an injury lawsuit against them as well. Prevailing in a Third-Party Liability Work Injury Claim

One such claim in California (which has a similar exclusive remedy provision of workers’ compensation, but allows for third-party liability) was recently resolved with an appellate court affirming a verdict in excess of $7 million in favor of an employee seriously injured by an arc flash while working with a live circuit breaker. His damage award was reduced 9 percent in proportion to his own purported fault. The appellate court did reverse and remand on the issue of how the damages were apportioned between the defendants, which included a contractor and the owner of the cogeneration plant where the accident happened. (Plaintiff’s own employer was deemed not liable.) Trial court rejected defense’s post-trial motion for judgment notwithstanding verdict, but did find the jury improperly apportioned the damages among the defendants. The appellate court affirmed, finding the jury had ample evidence to support its finding that the building owner negligently exercised control over the safety conditions of the job site, but that the apportionment of damages did require reconsideration.

Testing Exclusive Remedy After Florida Worker Death

In a somewhat similar case out of Florida wherein plaintiffs sought compensation in addition to workers’ compensation, the family of an electrician’s apprentice for an energy company who died in 2015 while testing transformers at a Reddick substation. An investigation by the Occupational Safety and Health Administration (OSHA) resulted in $90,000 in proposed fines (later reduced to $35,000 via settlement) for numerous willful and serious violations. Exclusive remedy of workers’ compensation prohibits claims of negligence against an employer for work injuries, except in the very limited situation presented in F.S. 440.11, which holds in the case of a worker who dies, the estate can sue if they can prove both employer had intentionally dangerous protocol AND the worker was ignorant of the risk. Unfortunately, our Fort Lauderdale injury attorneys are unaware of any case in Florida that has thusfar been successful with this type of claim, and this one sadly was no different. This is why third-party liability claims following a work injury are usually your best bet.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Sandoval v. Qualcomm Incorporated, Oct. 19, 2018, California Court of Appeal, Fourth Appellate District, Division One

More Blog Entries:

Worker Injury in Defective Ladder Fall Spurs Lawsuit Against Hotel-Casino, Sept. 29, 2018, Fort Lauderdale Work Injury Attorney Blog

Now, the family of that victim, Corey Allicock, is suing:

• Uber
• The Uber Driver
• The Deputy

Although investigators did not fault Seminole County Sheriff’s Deputy Scott Sullivan in the crash, witnesses who saw the deputy just before the crash said he was traveling 60 mph on the road. Authorities later revealed he was on his way to an emergency domestic violence call. However, it is undisputed he had not activated his emergency lights and siren. The 73-year-old Uber driver, meanwhile, was cited for running a red light and for causing the young man’s death. He has not driven for Uber since the crash.more

Our Fort Lauderdale Uber accident lawyers know this kind of case is becoming more common, as ride-sharing services have gained popularity. The good news is that insurance coverage for accidents caused by Uber drivers has improved greatly in recent years. As of March 2016, Uber offers the following limits on liability:

• $1 million of liability coverage per incident. Drivers’ liability to third parties is covered from the moment a driver first accepts a trip until that trip’s conclusion.
• $1 million of uninsured/ underinsured motorist bodily injury coverage per incident. So if a passenger is injured by a car accident caused by another driver who lacked insurance or who didn’t have enough insurance, the $1 million UM/ UIM policy will kick in.
• $50,000/ $100,000/ $25,000 coverage between trips. That means if an Uber driver is involved in an accident while he or she is on duty but not actively engaged in transporting or picking up a customer, this coverage would apply. Normally, that driver’s own personal auto insurance would kick in during these times, but Uber offers this additional lawyer of coverage in case it does not. This amount meets or exceeds the minimum requirements for third party liability service in the U.S.

Still in a wrongful death lawsuit, it is possible that damages could exceed $1 million, and that is why it is smart in this case to explore the possibility that more than one driver is at-fault.

Investigators say the young man was on his way home from a holiday party to the condo he shared with his girlfriend. The crash happened at 1:40 a.m., and authorities don’t believe any other drivers saw the actual crash.

The Uber driver suffered serious injuries as well. He had a fairly good track record, having offered some 800 rides from April 2015 to December 2015, and having a customer rating of 4.8 out of 5.

The deputy, meanwhile, suffered a fractured neck. A passenger who was riding with the deputy, a new recruit who was slated to begin working with the agency, also suffered injuries.

Allicock died of a combination of the impact and loss of blood.

Plaintiffs in the case allege negligence by both the Uber driver and the deputy played a role in the crash, and therefore in Allicock’s death.

If you have been injured in a Florida Uber accident, we can help you recover damages.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Crash victim’s family files lawsuit against deputy, Uber driver, April 19, 2016, By Erik Sandoval, News 6/ ClickOrlando.com

More Blog Entries:

Construction of Guardrails on Alligator Alley Faces Criticism, May 6, 2016, Fort Lauderdale Car Accident Lawyer Blog

But sometimes despite even a parent’s best efforts, a day care injury results anyway. Determining whether the injury was the result of negligence and whether it’s compensable will involve weighing a number of factors.

Generally, day care facilities have total and complete control over your child’s activities and have a duty to adequately staff, properly hire and fully supervise what goes on. When they fail to do those things and your child is injured as a result, a day care accident lawsuit may be your only remedy to ensure compensation – and justice.

A recent day care injury case was reported out of Pasco County, Florida, where a father of a 5-year-old was horrified when his son came home covered in facial bruising. As it turned out, the boy also suffered injuries to his abdomen as well.

According to ABC Action News, the father alleges his son’s injuries were the result of bullying by an older child – and it wasn’t the first time he’d asked for his child to be separated from the other youth.

A few days earlier, he said he picked up his son and there was bruising on his face. He walked inside and spoke to the day care workers, who he said “brushed it off” and explained a 10-year-old coaxed his 5-year-old to play “the tripping game,” which involves kids getting tripped. The day care worker reportedly said the kids started “playing rough” and she told them to “calm down.” The father told the day care workers he didn’t want his son around that child anymore.

But the workers allegedly did not separate them, nor did they take much effort to stop “the tripping game,” because his son was reportedly coaxed into playing it again – and this time suffered serious injuries to his face and stomach.

The father railed to local media, wondering aloud at what point day care workers thought it was alright for a 10-year-old to “play rough” with a 5-year-old.

The boy’s father called the incident “negligence.” The boy’s mother said it is a combination of negligence and bullying.

The center later explained in a written statement that during drop-off and pick-up times, older children and younger children play together in the same area under supervision. The center insisted that proper supervision is used at all times at the site and that their practices are in line with state licensing guidelines laid forth by The Department of Children and Families. A spokesperson further stated staffers did not believe bullying was the cause of this incident, but couldn’t elaborate further.

DCF has launched an investigation.

In any negligence action in Florida, plaintiffs need show defendant:

• Owed a duty of care to plaintiff;
• Breached that duty of care;
• That breach of duty resulted in plaintiff’s compensable injuries.

While examination of whether the center’s practices adhered to DCF guidelines will be relevant, it won’t necessarily be the deciding factor in ascertaining whether the center was negligent.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

A 5-year-old boy was allegedly injured by bullies at Paso day care; family files police report, April 12, 2016, By Jacqueline Ingles, ABC Action News More Blog Entries: Vicarious Liability in Car Accident When At-Fault Driver is On-the-Job, April 16, 2016, Fort Lauderdale Child Injury Lawyer Blog

There have been cases in which the lack of management can result in injuries. For example, if there are slippery floors, broken stairwells or damaged handrails, this could result in a serious fall. Where doors and windows aren’t equipped with locks or other security features, this could make residents and guests vulnerable to crime.

In these cases, where injury results, the terms of the lease agreement isn’t the only recourse Florida tenants have.

There may be grounds for a premises liability lawsuit. Tenant would need to prove landlord breached a duty of care owed and as a result, tenant suffered a compensable injury. Florida residents are also protected under the Florida Residential Landlord and Tenant Act, codified in Chapter 83 of Florida Statutes. When an injury results from a violation of these statutes, it can only serve to make the case stronger. Included in landlord responsibilities are ensuring the property is up to health codes, checking to ensure property is in reasonable working condition and is reasonably maintained, addressing concerns of animals on the property and ensure the property is reasonably secure.

Still, these cases can be challenging, which is why it’s important to have an experienced attorney.

All states have their own landlord-tenant laws and interpretation of premises liability. Recently, the Rhode Island Supreme Court took on these issues in Roma v. Moreira. According to court records, the case began with a plaintiff fall.

He fell down the stairs at his residence and suffered injury as a result. Plaintiff and his wife filed a lawsuit alleging failure to maintain the premises in a good, clean and safe condition. Plaintiff sought damages for personal injuries, while his wife alleged loss of consortium.

Two days into a three-day trial, plaintiff’s lead counsel told the court that his co-counsel overheard one juror saying to another that if plaintiff could survive cancer, he could survive this. Plaintiff was in fact a cancer survivor, though it wasn’t clear how jurors would have known this.

Jurors were questioned by the judge and denied having ever had such a conversation, saying the only thing they talked about with each other was food and a request for gum. Other jurors insisted they had heard no such conversation. The judge declined to remove those jurors.

Jurors ultimately delivered a verdict in favor of defendant landlord.

Plaintiff appealed, alleging trial court erred in refusing to declare a mistrial due to juror misconduct. However, a review by the state supreme court resulted in justices concluding trial judge had acted appropriately in questioning the two jurors in camera before reaching her conclusion.

Plaintiff did not otherwise challenge the merits of the case.

This type of issue could arise in practically any type of litigation where jurors are involved.

Although it is unclear from the state supreme court record the exact nature of the alleged stairway defect that resulted in plaintiff injuries, we can say that landlords are responsible to ensure stairs are safe. Generally, plaintiffs injured on a stairway could successfully sue a landlord if it could be proven:

• Landlord had a duty to keep the stairs in good condition;
• Stairs were not in good condition;
• It as foreseeable broken stairs would cause an accident;
• A defect in the stairs directly caused injury to plaintiff.

If you have questions about an injury suffered on someone else’s property, contact our offices today to learn more about how we can help.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Roma v. Moreira, Nov. 13, 2015, Rhode Island Supreme Court

More Blog Entries:

Left Turn Motorcycle Accident Kills 29-Year-Old Physician Assistant, Nov. 20, 2015, Fort Lauderdale Personal Injury Lawyer Blog