Independent Tort Doctrine

Not many people are aware of what is called the independent tort doctrine. Essentially, the doctrine prohibits tort actions between parties to a contract such that a plaintiff cannot assert a mirrored tort claim, such as a claim of negligence, independent of or in addition to a claim for breach of contract against the defendant. In other words, the plaintiff cannot assert a tort action premised...

Remedies in Personal Injury Case

Compensatory Damages: The objective of compensatory damages is to make the injured party whole as possible with a monetary figure and in hopes to restore the injured party to the position he or she would have been in had the wrong not been committed. If the wrongdoer’s liability is established, an injured person is entitled to compensatory damages as a matter of right. Punitive Damages: In...

Slip and Fall, Premises Liability, and Negligent Security in Florida

In Florida, the owner or legal possessor/controller of property owes a duty to licensees, invitees (such as customers), and guests to maintain the premises in safe condition and to a duty to warn of concealed, unknown dangers (if known or should have been known by the owner). There is a defense for the premises owner though if the injured person knew of the danger beforehand or the danger was...

Dog Bites in Florida

Pursuant to Florida statute 767, a dog owner is held strictly liable for any injury by the dog, whether it is a bite or other injury to person or property (such as another dog), even without the owner’s knowledge of the dog’s vicious propensities. Remember, this strict liability pertains to the owner of the dog, so keepers, custodians, or owners of the property where the animal is kept would...

COVID-19 Claims with Insurance Coverage

Liability Insurance If a business owner is sued by a person contracting coronavirus on their premises, a CGL policy may come into play as a protection. Additionally, for larger companies, the action or omissions taken by leadership could implicate protections under the directors and officers liability policies (D&O), whether actions from shareholders or others. Marine Insurance The marine...

Prevention and Response to Coronavirus Outbreaks that Occur in the Workplace

Employers should establish policies for dealing with health issues related to the coronavirus.The Occupational Safety and Health Administration (OSHA) has issued non-mandatory coronavirus guidance encouraging employers to develop response plans, implement prevention measures against the virus, such providing as personal protective gear for some healthcare workers, develop protocol for sick...

Qualifying Events for Sick Leave under the FMLA

To establish a qualifying need, an employee must be unable to work, including even telework due to one or more of the following reasons: 1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. 2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. 3. The employee is experiencing...

COVID-19 (Coronavirus) Question: Is there a Duty owed by the Employer Hospital to its Healthcare Worker Employees?

In Florida, employers have an affirmative duty to provide a reasonably safe workplace for its employees.  Therefore, employers can be liable for negligence for injuries sustained by its employees that are ordinarily caused by the unsafe conditions in the workplace. Applying tort law to the current pandemic, a growing question is should the hospitals and health care facilities in Florida be...