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Tag: gross-negligence

  • Florida Court Upholds Rules for Workers’ Compensation Immunity

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    – The court reaffirmed the tests for exception to workers’ compensation immunity in Florida. – Plaintiffs must prove intentional or grossly negligent conduct to defeat workers’ compensation immunity. – The employer was entitled to workers’ compensation immunity, but the co-employee was not based on the allegations in the Complaint. – The co-employee was alleged to…

  • “Florida Conservation: Controlled Burns to Protect Land”

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    – Prescribed burning is important for the management of plant and animal communities. – It reduces the risk and severity of wildfires, protecting people and property. – Prescribed burning prepares forestland for reforestation and improves herbaceous vegetation on rangeland. – Florida law defines prescribed burning and requires a written plan and certification for those conducting…

  • “Can You Sue a Hotel or Rental Property for Bed Bugs? Know Your Rights”

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    – At least 80% of hotels in the United States had to treat their properties for bed bug infestations in 2015. – Bed bugs can easily spread from room to room and even to guests’ homes. – Legal grounds for suing a hotel for bed bug bites include breach of warranty, evidence collection, potential damages,…

  • Understanding Indemnification in Florida Construction Contracts

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    – Florida has specific requirements for indemnification provisions in construction contracts – The indemnification clause must have a monetary limitation that is reasonably related to the contract – The provision must be part of the project specifications – The indemnification provision cannot cover claims not caused by the party giving indemnity or protect against gross…

  • Understanding Florida Construction Liens: Is the Lien Valid?

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    1. Florida construction lien law allows parties who perform construction work to record liens if they are not paid. 2. A lien can be deemed fraudulent if the lienor willfully exaggerates the claimed amount or includes work not performed or materials not furnished. 3. Proving a lien is fraudulent requires showing willful exaggeration, willful inclusion…

  • New Rule Allows Faster Appeals for Punitive Damages in Florida

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    – Punitive damages are meant to punish the defendant for wrongful conduct and deter future misconduct by the defendant and others. – In Florida, punitive damages are only appropriate when the defendant’s conduct is fraudulent, malicious, deliberately violent or oppressive, or committed with gross negligence. – A plaintiff can only assert a claim for punitive…

  • Common Questions about Disputes in Florida Business Partnerships

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    – A partnership in Florida is created when two or more people associate to carry on a business for profit. – Intent to form a partnership can exist even without a written or verbal agreement. – The formation, operation, withdrawal process, and dissolution of a Florida partnership are typically governed by the Florida Revised Partnership…

  • Disputing Florida Construction Liens: Is it Fraud or Just a Big Argument?

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    1. Florida law allows construction liens for money owed for labor, services, materials, or other items required by the direct contract. 2. Florida’s construction lien statutes do not allow increasing the lien amount based on breach of contract by the property owner. 3. Florida Statute Section 713.31(2)(a) states that a lien is fraudulent if the…

  • New Law Protects Health Care Providers from COVID-19 Lawsuits in Florida

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    – Florida’s CS/SB 72 law provides liability protections for health care providers against COVID-19-related claims. – Complaints alleging claims must be specific and detailed, or they will be dismissed. – Plaintiffs must prove gross negligence or intentional misconduct to make a claim against health care providers. – Health care providers have affirmative defenses that can…

  • Understanding Florida’s New Private Project Payment Bond Claim Requirements

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    1. The 2019 Florida Legislature made significant changes to the payment bond claim requirements on private projects under section 713.23, Florida Statutes. 2. These changes become effective on October 1, 2019, and it is important for subcontractors, suppliers, and laborers to understand the new requirements to ensure they comply and do not lose their right…