Third-Party Liability

Court Addresses Foreseeable Zone of Risk in Florida Wrongful Death Lawsuit

Published on: May 8, 2020 | by Friedman, Rodman & Frank, P.A.

Recently, a Florida appellate court issued an opinion in a consolidated appeal arising from the tragic mass murders at the Pulse nightclub. The facts indicate that the shooter entered the nightclub shooting and injuring fifty-three patrons and killing forty-nine others. The survivors and decedents’ representatives filed a lawsuit against the company that hired the shooter to work as a “Custom Protection Officer.” The plaintiffs alleged that the defendant breached their duty to engage in an appropriate investigation of their prospective employees before hiring them, and this negligence created a foreseeable zone of risk to the general public.

In support of their claim, they provided evidence that the defendant knew that the man was dismissed from a corrections officer training class for making statements suggesting that he would bring a gun to class. Despite this knowledge, the defendant hired the man for a position that required him to obtain a Class G firearm license. The license requires a psychological evaluation, and the defendants submitted a fraudulent one on behalf of the man.

While the man was working for the company, the Sheriff’s Department demanded that the defendant terminate the man because he continually threatened his colleagues and claimed to be associated with various terrorist groups. About two weeks before the shooting, the man tried to purchase ammunition from a licensed gun dealer, but he was turned away. A week later, he brought his Class G license to a different retailer and purchased the guns that he used for the mass shooting. The plaintiffs maintain that the defendants owed them a legal duty because they were in the foreseeable zone of risk that the defendants created.

Establishing Employer Liability in Florida Car Accident Cases

Published on: June 5, 2019 | by Friedman, Rodman & Frank, P.A.

When a Florida car accident is caused by someone who was working at the time of the accident, anyone injured as a result of the employee’s negligence may be able to pursue a claim against both the employee and the employer through the doctrine of vicarious liability. The doctrine of vicarious liability allows accident victims to hold one party liable for the negligent acts of another party, even if the employer was not alleged to be directly at fault for the plaintiff’s injuries.

In the case of employer liability, a Florida accident victim must be able to establish that the employee’s actions that are the basis of the plaintiff’s claim were: 1.) within the scope of their employment, and 2.) during the course of employment and to further a purpose or interest of the employer. If these elements are met, the plaintiff can name the at-fault party as well as their employer as defendants, regardless of whether the employer had any reason to know that the employee presented a danger to others.

Florida accident victims can also pursue a claim of primary negligence against an at-fault party’s employer based on the employer’s own negligence. Unlike claims alleging vicarious liability, these claims require the plaintiff to establish that an employer was somehow negligent. Examples of primary liability claims against an employer are negligent hiring and negligent retention claims. A recent case illustrates one way an accident victim can pursue a claim against an at-fault driver’s employer.

Can an Employee Hold a Co-Worker Responsible in a Florida Workplace Accident Case?

Published on: April 18, 2019 | by Friedman, Rodman & Frank, P.A.

When someone is injured on the job, they can typically file a claim for compensation based on the injuries they sustained. There are two types of claims, Florida workers’ compensation claims and Florida personal injury claims. A workers’ compensation claim does not require an employee establish another party was at fault for their injuries. However, Florida workers’ compensation claims provide only for the recovery of medical expenses/disability benefits, meaning that an injured employee cannot recover for the pain and suffering the accident caused.

Alternatively, Florida personal injury cases allow accident victims to more fully recover for their injuries, including for non-economic losses. However, a plaintiff must be able to show that the defendant was negligent to recover these losses. In many Florida workplace accidents, the first question that arises is which type of claim should an injured employee pursue. In reality, it is less a question of “should” and more a question of “can.”

One way of thinking about this question is to consider who was at fault for the accident. In short, if an accident is caused by the negligence of the employer or the employee, an employee’s only remedy may be through a Florida workers’ compensation claim. This is because under Florida statutes section 440.11, while a qualifying employer is responsible for an employee’s injuries, a workers’ compensation claim is usually the injured employee’s “sole remedy.” This means that an employee whose injuries are the result of a covered accident may only be able to pursue a workers’ compensation claim. Section 440.11 extends this “sole remedy” provision to situations where an employee’s injuries are caused by a co-worker’s negligence.

Holding a Florida Employer Responsible for the Negligence of an Employee

Published on: March 14, 2019 | by Friedman, Rodman & Frank, P.A.

An important consideration in any Florida personal injury case is whether a plaintiff will be able to collect on a judgment if they are successful at trial. For example, the financial and emotional expense of taking a case to trial against a defendant who does not have sufficient assets to cover a judgment may not make sense. Thus, it is essential that Florida personal injury victims name all potentially liable parties.

In many cases, this means naming the employer of the at-fault party as a defendant. Generally speaking, employers have more substantial assets than employees, and they may also have higher-limit insurance policies making collecting on a judgment much less of a headache for a successful plaintiff.

In Florida, an employer may be liable for the negligent acts of an employee, even if the employer was not negligent in causing the accident. This is referred to as vicarious liability. Of course, employers cannot be named in every Florida personal injury accident. In Florida, to establish that an employer is liable for the negligent acts of an employee, the plaintiff must show that the at-fault employee was acting within the scope of his employment at the time of the accident and that he was “engaged in his master’s business.” A recent state appellate decision illustrates how courts view vicarious liability claims.

How the Jones Act May Help Injured Seamen Recover for Work-Related Injuries

Published on: February 4, 2019 | by Friedman, Rodman & Frank, P.A.

When someone is injured in a Florida workplace accident, compensation may be available through several sources. One option for the injured employee is to apply for Florida workers’ compensation benefits. One good thing about workers’ compensation benefits is that an employee can obtain benefits without a showing of fault. However, these benefits are limited in that an employee can only recover economic damages. This means an employee is not able to obtain compensation for their emotional pain and suffering.

Another option for those who have been injured in a Florida workplace accident is to pursue a personal injury claim against their employer. However, as a general rule, an injured employee’s sole remedy against their employer is a workers’ compensation claim. Thus, many employees are foreclosed from pursuing a Florida personal injury claim against their employer.

That is not the case, however, for maritime workers. Under the Jones Act, those seamen who are injured or killed in the course of their employment may be able to pursue a claim against their employer. (Note: Florida railroad workers enjoy a similar benefit under the Federal Employment Liability Act.) It is important to note, however, that an employee who brings a claim under the Jones Act must establish that their employer was negligent. As a recent case illustrates, the duties that a maritime employer owes to its employees may be unfamiliar to those without advanced knowledge of the industry.

Employer Liability in Florida Trucking Accidents

Published on: January 31, 2019 | by Friedman, Rodman & Frank, P.A.

Determining which parties to name as defendants in a Florida trucking accident is a crucial decision that must be made early on in the process. Of course, an obvious choice is to name the driver of the truck involved in the accident. However, Florida truck accident victims would be wise to consider whether additional parties may also be liable for their injuries.

As a general rule, employers are vicariously liable for the negligent actions of their employees so long as, at the time of the accident, the employee was acting within the scope of their employment. However, this only applies when the truck driver and the trucking company have an employee/employer relationship. If the truck driver is an independent contractor, the contracting company will likely not be held liable for the driver’s actions. Thus, the determination of whether a truck driver is an employee or a contractor commonly comes up in Florida truck accident cases.

A recent state appellate decision illustrates how courts analyze claims against trucking companies.

Court Permits Car Accident Plaintiff to Proceed with Both Respondeat Superior and Negligent Entrustment Theory

Published on: October 25, 2018 | by Friedman, Rodman & Frank, P.A.

Recently, a state appellate court issued a written opinion in a personal injury case discussing whether a plaintiff could pursue a respondeat superior claim as well as a negligent entrustment claim against an employer based on an employee’s negligent conduct. The case is important to Florida car accident victims because it elucidates the differences between two common claims that are often believed to be identical but are, in fact, different.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was riding a motorcycle when he was struck by a truck that made an improper left turn in front of the plaintiff. The plaintiff died as a result of the collision. The truck driver was later found to have been under the influence of a prescription narcotic that was banned by the Federal Motor Carrier Safety Regulations.

The plaintiff filed a multi-claim wrongful death case against the truck driver’s employer. The plaintiff claimed that the employer was liable for the truck driver’s negligence under the theory of vicarious liability. In addition, the plaintiff contended that the employer was liable under the doctrine of negligent entrustment.

Court Discusses Personal Injury Plaintiff’s Evidentiary Burden at the Summary Judgement Stage

Published on: October 18, 2018 | by Friedman, Rodman & Frank, P.A.

When a plaintiff files a Florida personal injury case, in many instances the defendant will file a motion for summary judgment claiming that the plaintiff’s case is insufficient as a matter of law. Essentially, in a summary judgment motion, the defendant argues that there are no disputed factual issues in the case and that when the court applies the law, the defendant is entitled to judgment as a matter of law.

Thus, to survive a defense motion for summary judgment, a Florida personal injury plaintiff must be able to establish a disputed issue of fact. In a recent personal injury case, the court discussed the plaintiff’s burden to present evidence creating an issue of fact, as opposed to merely calling into question the credibility of a witness’ testimony.

The Facts of the Case

According to the court’s opinion, the plaintiff was injured in a car accident. The motorist who struck the plaintiff’s car (“the supervisor”) was on the phone at the time of the accident, speaking to a woman whom she supervises at work (“the employee”). The plaintiff filed a personal injury lawsuit against the supervisor’s employer, arguing that the employer was vicariously liable for the negligent acts of the supervisor.

Florida Personal Injury Victims and the Importance of Being Careful When Settling a Case

Published on: October 4, 2018 | by Friedman, Rodman & Frank, P.A.

The recovery period following a serious Florida car accident is different for everyone, but it is not an easy time for anyone. Aside from the physical trauma and emotional disturbance caused by the accident, there are the mounting medical bills, the time away from work, and the headache of dealing with insurance companies. Given these issues, it is understandable and expected that most victims of a Florida car accident are quite vulnerable for some time after the accident.

Sadly, insurance companies and savvy defense attorneys often use this time of vulnerability to approach and pressure accident victims into discussing – and potentially settling – their case. It is common to see Florida accident victims sign away the rights to pursue their case for just pennies on the dollar.

Even when the settlement agreement is a fair one, Florida car accident victims should consult with a knowledgeable attorney about the agreement’s fine print. Some settlement agreements contain unexpected language or are phrased in very broad terms that could cause problems for the accident victim if they choose to pursue a claim against other parties. A case that arose recently serves as a warning and excellent example of why it is essential to carefully read and negotiate the terms of a settlement agreement.

Appellate Court Determines Condominium Association Is Not a Landlord in Recent Premises Liability Case

Published on: July 24, 2017 | by Friedman, Rodman & Frank, P.A.

Florida premises liability lawsuits often hinge on the relationship between the plaintiff and the defendants. This is because any duty that a landowner may owe to a plaintiff depends on the relationship between the parties and the reason why the plaintiff is on the defendant’s property. A recent appellate decision from nearby Georgia illustrates how a plaintiff’s inability to prove that a certain relationship exists between herself and the defendants may be fatal to her claim.

The Facts of the Case

The plaintiff rented a condo in the defendant’s condominium complex from the condo’s owner. However, the plaintiff did not enter into a formal written lease with the owner of the condo. Instead, the two had an oral agreement.

While the plaintiff was living in the condo, she was bothered by the fact that the staircase leading up to her unit was poorly lit and did not have a handrail. She informed the condominium association that she believed the condition of the stairs was dangerous and requested that the association take action to make the stairs safer. However, the association did nothing.