May 13, 2011 (Press-News.org) The state of Florida has made it significantly more difficult for plaintiffs to prevail in slip-and-fall cases.
If you or a member of your family has suffered an injury, contact a slip and fall attorney for an evaluation of the facts of the case.
The Old Law Compared to the New Law
The old premises liability law simply required plaintiffs to prove that an accident had taken place. The new law, which went into effect on July 1, requires plaintiffs to prove that a defendant knew of the conditions that resulted in the accident.
Plaintiffs have another avenue to pursue under the new law: they can prevail in a slip and fall case if they can prove the defendant should have expected an accident because of recurring conditions, and that the defendant could have taken steps to remedy the conditions.
For example, if a defendant has a steep set of stairs without a handrail, the defendant could be expected to anticipate that a preventable accident might take place, and the defendant could be expected to install a handrail.
Practical Effects
The practical effect of the law is that with a higher burden of proof on plaintiffs, cases will in some situations be more difficult to prove in court or settle favorably. Businesses and others will be less likely to settle cases unless there is evidence that they knew, or should have known, of the conditions leading to the accident.
A lawyer for a business lobby told The St. Petersburg Times that the new law "reintroduces fairness" to the legal system, but Florida Justice Association general counsel Paul Jess disagreed. He said after a painful slip-and-fall or trip-and-fall accident at a business, the victim is not in a position to gather evidence.
"At that point, your only interest is getting to the emergency room, getting pain medications and getting patched up," he said. "You are not in a good position to know how long the banana peel was on the floor."
Accidents Continue to Happen
The new law won't change the reality that preventable slip-and-fall accidents happen and injure people. Nor will it erase the medical bills, lost wages, and pain and suffering associated with those accidents.
If you or a member of your family has suffered an injury in a slip-and-fall incident, contact a Miami personal injury lawyer for an evaluation of the facts of the case.
Article provided by Miami Personal Injury Lawyer
Visit us at www.ferrerlaw.com
Florida Changes Its Slip-and-Fall Law
The state of Florida has made it significantly more difficult for plaintiffs to prevail in slip-and-fall cases.
2011-05-13
ELSE PRESS RELEASES FROM THIS DATE:
Possible Recognition of Parental Alienation Syndrome Controversial
2011-05-13
As everyone knows, divorces can often be contentious. Add children to the mix, and it can heighten the animosity, as both parents strive to do what they feel is best for the children. Sometimes these efforts boil over into accusations that the other parent is "bad" in some way -- eventually causing the child to share one parent's dislike for the other. In extreme cases, children have become unfairly estranged from one of their parents as a result.
Over the past 30 years, a name has emerged for this sort of situation -- parental alienation syndrome. Those who ...
Software reveals critical crop growth stages
2011-05-13
This release is available in Spanish.
U.S. Department of Agriculture (USDA) agronomist Greg McMaster has developed computer software that tells farmers when to spray pesticides. McMaster works at the Agricultural Research Service (ARS) Agricultural Systems Research Unit in Fort Collins, Colo. ARS is USDA's principal intramural scientific research agency.
The software, called "PhenologyMMS (Modular Modeling System)," predicts the timing of plant growth stages so Central Great Plains farmers and ranchers can know how their crop is progressing and when to apply pesticides, ...
MIT control theory research: How to control complex networks
2011-05-13
CAMBRIDGE, Mass. -- At first glance, a diagram of the complex network of genes that regulate cellular metabolism might seem hopelessly complex, and efforts to control such a system futile.
However, an MIT researcher has come up with a new computational model that can analyze any type of complex network — biological, social or electronic — and reveal the critical points that can be used to control the entire system.
Potential applications of this work, which appears as the cover story in the May 12 issue of Nature, include reprogramming adult cells and identifying new ...
Adding Insult to Injury: California Cities Charging "Crash Tax" to Car Accident Victims
2011-05-13
If you've never been in a car accident count perhaps you should count yourself lucky. Motor vehicle accident statistics suggest that one in four people will be involved in a car accident at least once during their lifetimes. If you are one of those four people already, you know the inconvenience that even a minor fender-bender can bring. Between police reports, conversations with insurance companies, body shop estimates and medical bills, being involved in a car accident is not a simple or cheap matter.
And expenses stemming from car accidents are not just limited to ...
A new program for neural stem cells
2011-05-13
This release is available in German.
Neural stem cells can do a lot, but not everything. For example, brain and spinal cord cells are not usually generated by neural stem cells of the peripheral nervous system, and it is not possible to produce cells of the peripheral nervous system from the stem cells of the brain. However, researchers from the Max Planck Institute for Brain Research in Frankfurt and the Max Planck Institute of Immunobiology and Epigenetics in Freiburg have now succeeded in producing central nervous system cells from neural stem cells of the peripheral ...
New Rules on Whistleblower Retaliation for Nuclear and Environmental Complaints
2011-05-13
On January 18, 2011, the Occupational Safety and Health Administration (OSHA) published a rule establishing procedures for handling nuclear and environmental whistleblower retaliation complaints. This rule aligns retaliation complaints under the Energy Reorganization Act (ERA) of 1974 and the six environmental statutes with other OSHA whistleblower provisions. The rule allows employees to file oral or written complaints in English and other languages, making complaint filing more accessible to all employees.
The ERA provision serves to protect employees who are retaliated ...
Scientists suggest independent monitoring of deep-sea hydrocarbon industry
2011-05-13
Writing in the scientific journal Nature, scientists have called for increased discussion of independent monitoring of deep-sea hydrocarbon industry activity with the aim of obtaining a better understanding of its ecological impact.
The hydrocarbon industry is increasingly searching for hydrocarbon resources at much greater depths and developing drilling technology to exploit them. However, drilling the seafloor at great depths is technically very challenging and carries with it poorly known risks.
"The Deepwater Horizon disaster in the Gulf of Mexico last year and ...
Africa's sea turtles need passports for protection
2011-05-13
Satellite tracking of olive ridley sea turtles off the coast of Central Africa has revealed that existing protected areas may be inadequate to safeguard turtles from fishing nets, according to scientists with the University of California-Santa Cruz, the Wildlife Conservation Society, the University of Exeter, and others. Scientists involved in the study recommended the extension of an international marine park that spans the waters of Gabon and the Republic of Congo and better international cooperation to manage this threatened species.
The study was published May 11 ...
Choose the Personal Representative for Your Michigan Estate Carefully
2011-05-13
One of the most important persons in your life takes his or her most prominent role after your death. The personal representative of your estate will settle your affairs for you after you are gone. He or she -- or it, if you choose a bank or trust company to act for you -- will have the responsibility to see that the wishes you express in your will are carried out for the benefit of your beneficiaries.
In simple terms, your will is the legal document that gives you the opportunity to direct how the most important parts of your life will be wrapped up upon your demise. ...
No-Fault Divorce and Equitable Distribution of Property in New Jersey
2011-05-13
For the first time, in 2007, a new law allowed true no-fault divorce for couples with irreconcilable differences in New Jersey. Understanding the provisions of the state's no-fault divorce law and how marital property is divided among former spouses is essential for people undergoing or considering divorce in New Jersey.
New Jersey No-Fault Divorce
Under previous New Jersey law, a complaint for divorce had to state a specific ground for dissolving a marriage, such as extreme cruelty or separation. To obtain a divorce, one spouse had to allege that the other spouse ...
LAST 30 PRESS RELEASES:
Call for papers: 14th Asia-Pacific Conference on Transportation and the Environment (APTE 2025)
A novel disturbance rejection optimal guidance method for enhancing precision landing performance of reusable rockets
New scan method unveils lung function secrets
Searching for hidden medieval stories from the island of the Sagas
Breakthrough study reveals bumetanide treatment restores early social communication in fragile X syndrome mouse model
Neuroscience leader reveals oxytocin's crucial role beyond the 'love hormone' label
Twelve questions to ask your doctor for better brain health in the new year
Microelectronics Science Research Centers to lead charge on next-generation designs and prototypes
Study identifies genetic cause for yellow nail syndrome
New drug to prevent migraine may start working right away
Good news for people with MS: COVID-19 infection not tied to worsening symptoms
Department of Energy announces $179 million for Microelectronics Science Research Centers
Human-related activities continue to threaten global climate and productivity
Public shows greater acceptance of RSV vaccine as vaccine hesitancy appears to have plateaued
Unraveling the power and influence of language
Gene editing tool reduces Alzheimer’s plaque precursor in mice
TNF inhibitors prevent complications in kids with Crohn's disease, recommended as first-line therapies
Twisted Edison: Bright, elliptically polarized incandescent light
Structural cell protein also directly regulates gene transcription
Breaking boundaries: Researchers isolate quantum coherence in classical light systems
Brain map clarifies neuronal connectivity behind motor function
Researchers find compromised indoor air in homes following Marshall Fire
Months after Colorado's Marshall Fire, residents of surviving homes reported health symptoms, poor air quality
Identification of chemical constituents and blood-absorbed components of Shenqi Fuzheng extract based on UPLC-triple-TOF/MS technology
'Glass fences' hinder Japanese female faculty in international research, study finds
Vector winds forecast by numerical weather prediction models still in need of optimization
New research identifies key cellular mechanism driving Alzheimer’s disease
Trends in buprenorphine dispensing among adolescents and young adults in the US
Emergency department physicians vary widely in their likelihood of hospitalizing a patient, even within the same facility
Firearm and motor vehicle pediatric deaths— intersections of age, sex, race, and ethnicity
[Press-News.org] Florida Changes Its Slip-and-Fall LawThe state of Florida has made it significantly more difficult for plaintiffs to prevail in slip-and-fall cases.