Published on:

By

Curtis v. Lemna – Third-Party Lawsuits Against Co-Workers May be Barred

Florida employees injured on-the-job should enjoy workers’ compensation coverage, so long as the injury happened during or arose in the course of employment. There is no required proof of negligence or fault, and workers should be compensated fairly quickly. The trade-off is workers can’t then turn around and file a lawsuit against their employer.

There are, however, some instances wherein workers can file third-party lawsuits where other companies or individuals were responsible. But there are limitations. Typically, one can’t sue a co-worker who caused an injury so long as the co-worker was acting in the course of employment. This can be a little more complicated on a multi-employer site. Florida Statute 440.10 holds that when general and sub-contractors working together with other sub-contractors, they are considered to be engaged in a common enterprise and will be immune from claims of workplace negligence, so long as the sub-contractor or general contractor purchased workers’ compensation insurance.

Continue reading →
Published on:

By

Swimming pool owners must be compliant with local and state regulations to prevent injuries and insulate against liability. In the event that an owner is in violation of regulations at the time of an accident, the property owner can be held liable for damages. In a recent move to improve pool safety, the Miami-Dade County Land Use and Development Committee approved a measure to prohibit high-voltage lights and circuits in private pools. The regulatory shift is in response to the death of a 7-year-old who was electrocuted by a swimming pool light.

Pool owners are always responsible for ensuring that the premises is safe and that pools are properly maintained. In the event of an accident or injury in a private or public swimming pool, victims and their loved ones should consult with an experienced attorney who can investigate the case and pursue just compensation. Our Miami swimming pool accident attorneys are committed to raising awareness to prevent future injuries. We are also dedicated to representing victims in the event of an accident to maximize compensation for serious injury or wrongful death.
Continue reading →

Published on:

By

Whether you are sending your first-born off to college for freshman year or you have been through back to school season before, staying abreast of safety concerns can help prevent college campus injuries. No parent wants to think about the potential dangers faced on campus, but having a discussion with your recent high school graduate could save lives.

Our Fort Lauderdale personal injury attorneys are dedicated to providing strategic advocacy to victims and their families. In the event of a campus-related injury, we will conduct an immediate and independent investigation, determine the cause of the accident, and hold all responsible individuals or entities accountable.

Here are some common campus safety issues and tips to prevent injuries and accidents:
Continue reading →

Published on:

By

The U.S. Court of Appeals for the Sixth Circuit recently ruled in favor of a woman seeking damages against a drug manufacturer after she suffered a condition known as “jaw death,” attributed to the defendant’s medications. She argues the drugmaker failed to warn her that the condition, osteonecrosis, might occur if she took the drugs.

Initially, the district court in Payne v. Novartis Pharm. Corp. granted summary judgment in favor of the defense, citing the medical community’s lack of knowledge of this problem in the early 2000s. However, the Sixth Circuit reversed, indicating that whether the company’s failure to warn was the cause of the woman’s injuries was a matter for a jury to decide.

Our Boca Raton product injury lawyers recognize this is one in a growing number of cases against this particular pharmaceutical firm, Novartis, which produces the bone drugs Aredia and Zometa.
Continue reading →

Published on:

By

Law is one of those unique institutions that is both fluid, and firm. It seeks to provide fair justice to all, but it must adapt to the changing circumstances of the time.

Sometimes, change occurs through legislation. Other times, it happens incrementally, with individual case rulings setting acceptable standards and precedents. When jurisdictions conflict, sometimes the U.S. Supreme Court steps in, either formalizing or rejecting the standard.

All of this is to say that the law of our founding fathers may be principally the same, but in many ways, looks very different. The problem, however, is that not all of this change has been entirely organic. Our Coral Springs personal injury attorneys know that, unfortunately, there has been substantial pressure from outside forces – particularly those with big business interests – which in the last three decades has fought hard not only to limit plaintiff’s access to a fair justice system, but also to convince the public this is a good thing.
Continue reading →

Published on:

By

Labor Day in Florida means the sun-soaked masses will be spending the day basking along the surf, partying on the sandbars and blasting music on their boats. This year, the crowds on South Florida beaches are expected to be greater than usual, as the economy has bounced back, more people are taking vacations as gas prices are down.

More waterway traffic means a higher likelihood for crashes, especially when alcohol is factored into the mix. But safety officials are particularly on edge this year in the wake of a tragic crash in the Biscayne Bay on July 4th. Although the crash is still under investigation, the post-fireworks collision that killed four and critically wounded several others is believed to have been the result of a combination of impaired boating and heavy traffic.

This was also the same area where, in May, a man was killed trying to help a popular local DJ push a party boat out of a sand bar. The engine was still on, and the man was struck by a spinning propeller. The event had been sponsored by a local alcohol vendor.

Our Fort Lauderdale boating accident lawyers understand this holiday, law enforcement isn’t willing to take any chances. A task force comprised of federal,state, county and city officials has been formed to conduct extra patrols along the coast and in the bays.
Continue reading →

Published on:

By

Wrongful death lawsuits may range from a single death in a car accident to complex class-action claims involving multiple defendants. A decision handed down this month has been deemed the “largest wrongful death judgment in Florida history,” to a single plaintiff. According to local reports, a Pensacola woman sued RJ Reynolds in 2008 over the death of her husband. The lawsuit alleged that the company knowingly conspired to hide the health dangers and addictive nature of its tobacco products. The victim was only 36 years old when he died of lung cancer.

Tobacco litigation has been on the rise since the 1980s, when victims and their loved ones learned the very dangerous effects of smoking. Despite the history of litigation and anti-smoking campaigns, recent lawsuits have shed light on the reality that tobacco companies have still gone to great lengths to hide the dangers of these products from consumers. Our Fort Lauderdale wrongful death attorneys are dedicated to uncovering the truth about dangerous products and manufacturers. We are also experienced in complex litigation and can successfully protect the rights of individuals who have lost a loved one as a result of negligent corporations.
Continue reading →

Published on:

By

The criminal and civil justice systems serve inherently different purposes. While the criminal system seeks to penalize a defendant for actions that violate the law, the civil system is designed to offer financial compensation to those who have been harmed by the wrongdoing of others.

In some cases, criminal actions can give rise to a civil lawsuit. While the criminal justice system sometimes proffers restitution to the victim, that is not its primary purpose. However, when a conviction is obtained in a criminal case, it can serve to bolster the stance of a plaintiff in a civil case stemming from the same incident. It may even allow the plaintiff in some cases to circumvent a trial altogether under collateral estoppel, which our Hollywood personal injury lawyers know is the principle that the courts need not litigate the same facts twice.

This was the case for the plaintiff in Lane v. Ballot, heard recently by the Alaska Supreme Court. Although this is an out-of-state case, the same general legal principles apply.
Continue reading →

Published on:

By

Throughout summer, boat accidents and tragedies have impacted the lives of victims in the Southern region of Florida and nationwide. Sadly, the majority of boat accidents are preventable, and often caused by negligence, including drunk driving, speeding, inexperienced drivers, and recklessness. In a recent case, a Pelican Harbor boating accident resulted in the loss of a father of four. According to Miami local reports, the crash occurred on a pier that stretched into the water. The victim’s family observed the tragedy from the shore, as the boat crashed twice.

In the event of a boating accident, victims and their loved ones should consult with an independent investigator to determine the cause of the accident and identify any responsible parties. Our Fort Lauderdale boating accident attorneys are dedicated to providing strategic support to help victims protect their rights and recover just compensation following an accident on the water. An expert investigation and experienced advocacy can help get answers and protect your rights. Victims of boating accidents may be entitled to compensation for pain and suffering, medical bills, long-term care needs, funeral expenses, and any other personal losses related to an injury or the loss of a loved one.
Continue reading →

Published on:

By

After the devastating loss of a loved one due to negligence, survivors may conclude a lawsuit seeking damages for wrongful death is in order. One of the first questions that must be answered is who will bring the action.

Florida, like many other states, has a wrongful death statute with intricate provisions, filled with exclusions and exceptions regarding who can pursue a claim. It tends to be a more complicated matter than one might initially assume.

Before we explore the specifics of Florida law, our Coral Springs wrongful death attorneys wanted to mention the recent decision by the Wisconsin Supreme Court in Force v. Am. Family Mut. Ins. Co.. Like Florida, there are laws specifying who may file a claim. Yet, the state supreme court made an exception contrary to the wording of the statute, finding that to decide otherwise would be a breach of the legislative intent.
Continue reading →

Contact Information
WEST PALM BEACH
5 Harvard Cir #110
West Palm Beach, FL 33409
Phone: 561-999-9999
Fax: 561-689-4310
PLANTATION
8751 W Broward Blvd #106
Plantation, FL 33324
Phone: 954-999-9999
Toll Free: 800-561-7777
Fax: 954-979-1225
MIAMI
7685 SW 104th St #200
Miami, FL 33156
Phone: 786-517-9774
Toll Free: 800-561-7777
Fax: 954-979-1225
ORLANDO
258 Southhall Ln #140
Maitland, FL 32751
Phone: 407-999-9999
Fax: 407-956-3820

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, Freeman Injury Law
JUSTIA Law Firm Blog Design