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- Blick Law Firm Works Closely with Tampa’s Chiropractic and Acupuncture Clinic
- Blick Law Firm Brings Legal Expertise and Christian Values to Tampa
- What can a personal injury attorney do for you?
- The Importance of a Real Estate Attorney in a New Transaction
- Over 150 New Florida Laws Take Effect this Month
- Law Change Protects Florida Patients From Balance Billing
- Fatal Alligator Attack at Disney World Orlando Could Mean Legal Trouble
- Florida Gun Laws Under Fire After Orlando Attacks
- Prospect of Medical Marijuana in Florida Creates Buzz
- Florida’s Death Penalty System Subject to Further Questioning
- Summer Driving Safety Tips
- Florida Supreme Court Votes to Maintain Reasonableness in Workers’ Compensation Law
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Despite all the new activity at Orlando’s Walt Disney World, including the opening of a new attraction based on the popular animated film Frozen, one tragic incident has cast a dark cloud over the so-called “Happiest Place on Earth.”
After a toddler was snatched and killed by an alligator at the Orlando park, Walt Disney Co is facing a public relations crisis and a potential lawsuit.
“When people think of Disney they think of magic, the unbelievable, and everything is going to be fun. This incident flies in the face of that,” Sam Singer, a crisis communications consultant, said. Singer represented the San Francisco Zoo in 2007 when a teenage boy was killed by an escaped tiger.
The alligator attack occurred in mid-June, while Disney’s top officials were on the other side of the world for the launch of the long-awaited Shanghai theme park. Despite the distance, the company was quick to react to the Florida tragedy. Bob Iger, Disney Chief Executive, called the boy’s family as soon as he caught wind of the incident, and also made a public statement offering his condolences. George Kalogridis, Walt Disney World president, flew to Florida from Shanghai. A statement conveying Kaogridis’ sympathy was posted shortly after the accident occurred to the park’s official blog.
The toddler’s family made a public statement, saying they were “devastated” and thanking “local authorities and staff who worked tirelessly” to find the boy and the gator. Though the family has not announced that it will file a lawsuit, the very possibility complicates matters for Disney, especially in their responses to the tragedy. “The more they say, the more liability they could potentially create for themselves,” Singer said.
Jude Engelmayer, another crisis manager, said Disney is doing “all they can do at the moment.” On the company’s response, Engelmayer said, “They are low key, contrite and helpful.”
Several legal experts agree that Disney will be strongly inclined to quickly settle, should a lawsuit come about. One potential issue the company faces is the fact that no signs were posted in the beach area warning park-goers of the threat of alligators. Though Floridians know where gators most commonly lurk, Disney attracts visitors from all over the world, who aren’t familiar with that same knowledge.
“These people are from Nebraska and I can guarantee never once did they think they were in any type of danger letting their child wade in six inches of water,” Lou Pendas, an Orlando personal injury lawyer, said. Pendas has defended individuals incases against Disney in the past, but said he can only recall one other incident involving an alligator, which occurred over 30 years ago and was not fatal.
The rarity of alligator attacks at the park, Pendas emphasized, does not remove Disney’s burden of responsibility.
“This is unbelievably rare but could easily have been avoided by proper signage and perhaps building a retention wall to keep the alligators off the beach,” he said. “The law says you have to take appropriate steps to keep your invitees safe.”
A source close to the incident claimed Disney has plans to post alligator warning signs in the area of the attack. For more information regarding the Alligator Attack at Disney World, [Click Here].
Gun control groups have rated Florida one of the easiest states to acquire a legal weapon in, and among states those with low ratings, Florida is one of the largest and most densely populated. Semiautomatic, assault-style rifles, like the Sig Sauer AR-15 used in the shooting at Pulse Nightclub in Orlando, can be legally purchased in Florida by anyone who passes a federal background check. A background check is required by all licensed dealers, including gun shops and retailers; but, background checks are not required by unlicensed private dealers, who can often be found at gun shows.
The FBI conducts federal background checks. The bureau has been known to reject applicants for things like a criminal history, drug use, or mental illness, though this happened in only one percent of background checks.
Some states—California, Connecticut, and New York—require an additional level of screening to legally purchase a gun. Florida, like most states, has no law implementing its own state-level background checks. Florida does, however, require the passage of its own background check for a concealed carry permit.
The shooter responsible for the Pulse Nightclub massacre, did have a concealed carry permit for his Glock semiautomatic pistol, which he had at the seen. He also passed the FBI’s federal background check, despite being investigated by the FBI on two separate occasions.
Additionally, Florida, like many states, does not have any law determining legal magazine capacity. A small group of states has set a limit on magazine capacity, varying between 10 and 15 rounds. Orlando police have not yet states whether or not high-capacity magazines were used in the Pulse Nightclub shooting, though they are usually preferred by mass shooters, because they allow for lots of shots to be fired before reloading.
In the last 20 years, high-capacity magazines have been used in 34 mass shootings, according to the FBI. At Sandy Hook Elementary in Newtown, Connecticut, Adam Lanza used an AR-15 with 30-round magazines to kill 26 children and faculty members. In Aurora, Colorado, James Holmes used an AR-15 with a 100-round drum to kill 12 people at a movie theatre.
Florida is distinguished from so-called “gun friendly” states, like Texas, Kentucky, and Louisiana, because according to the NRA, Florida does not allow for open carry with or without a permit. According to the Law Center to Prevent Gun Violence, Florida also requires a three-day waiting period for gun purchases. For more information regarding Florida’s gun laws, [Click Here].
Talk of changing the marijuana policies in Florida, come this voting season, is bringing thousands of the nation’s legal pot advocates and professionals to the Sunshine State for the spring Marijuana Business Conference.
Nearly half of all US states have some type of medical marijuana program in place, so what’s drawing such a mass to Florida? “It has nothing to do with the climate or the attractions,” said Chris Walsh, editorial director of Marijuana Business Daily, a publication that sponsors the Marijuana Business Conference. “There’s a lot of excitement about the Florida market.”
As the third most populous state in the country, Florida opening access to medical marijuana for qualified patients, poses a huge opportunity for companies looking for to expand their presence in the cannabis market and for researchers in search of new patients. Companies showed their hopefulness at the conference, marketing everything from growing supplies to child-proof packaging.
According to a law already in place, medical marijuana should be available in Florida later this year. But, for Florida’s market to become one of the biggest in the country, as it has the potential to do, the current state law would have to change. This November, Florida voters will decide whether or not cancer, epilepsy, and multiple sclerosis should be included on the approved list of conditions for medical marijuana, a choice that will have a very significant impact on the future of Florida’s market.
John Morgan is a multimillionaire trial lawyer who worked on a similar initiative in 2014. Though that measure failed, he is hopeful that the support from Democrats and millennials will help the 2016 measure pass. Morgan spoke of the past initiatives that have failed at the Florida polls.
“We gave these jokers their chance tice,” he said, “and they failed us twice.” While Morgan is hopeful that the measure will be successful, he acknowledged at the Marijuana Business Conference last month that, if the measure does not pass, it will be because of money.
Amendment 2, while supported by younger voting groups and a good chunk of Florida Democrats, has seen opposition from very wealthy Floridians. Mel Sembler, a Republican donor from St. Petersburg, has pledged to raise up to $10 million to kill the 2016 amendment. On the other hand, Morgan has donated as much as $6.8 million of his own money in support of the initiative.
Regardless of the opposition, there is no denying that the marijuana industry means money. As one of the fastest growing industries in American history, economists expect the marijuana industry to generate as much as $8.6 billion in retail sales by 2019 if big players like Florida and Ohio legalize medical marijuana this year.
“This is an industry like any other,” Walsh promised. “There’s a perception in states that haven’t legalized that it’s a bunch of hippies walking around and that product is being sold on the show floor. That’s not what this is,” he said. For more information regarding the prospect of medical marijuana in Florida, [Click Here].
Florida’s capital punishment system is currently facing its greatest uncertainty since the 1970s. In early May, a Florida Supreme Court judge questioned the constitutionality of the state’s new death penalty law. The law went on trial in front of the Florida Supreme Court, as a death row inmate who was sentenced to execution by the state asked for a life sentence. While the constitutionality of the law is in question, the future for 390 death row inmates remains uncertain.
Florida’s death sentencing system was ruled unconstitutional by the US Supreme Court in January, because it gave too little power to juries in capital cases. The case heard by the federal Supreme Court was that of Timothy Lee Hurst, who was sentenced to death for the 1998 murder of Cynthia Harrison. Though the court did not invalidate Hurst’s death penalty itself, his attorney argued that Hurst should instead be sentenced to life, due to the previous law’s defective nature.
“You can’t separate the punishment from the procedure,” Hurst’s attorney, David Davis, said. “You can’t have one without the other.”
Carine Mitz, Florida Assistant Attorney General, disagreed with Davis. “If the (Hurst) case were to be remanded (back to a trial court), it would have to be under the new statute,” she said. “I still don’t think we have a problem.”
Justice Barbara Pariente, who is often among the court’s five-person majority, sees the biggest problem with the case. Pariente takes issue with the fact that the new law could violate the Eighth Amendment’s restriction against cruel and unusual punishment, because it requires the existence of just one of 16 aggravating factors that make a defendant eligible for a death sentence under Florida law.
“If only one aggravator is needed in this state to put someone to death, we have a serious Eighth Amendment problem,” Justice Pariente said. “If we want a death penalty in Florida, we need it to be constitutional.”
The state does not agree with Pariente’s opinion. “I don’t think that the new statute is as detrimental as some might present,” Mitz said. “I probably should have said it’s actually better.”
Florida Justice Charles Canady, a death penalty supporter who typically finds himself in the court’s minority, notes that the court cited two aggravating factors in the Hurst case, recommending his execution in a 7-5 vote.
Pariente was concerned about the Hurst case long before the US Supreme Court intervened. In 2014, when the court upheld Hurst’s death sentence in a 4-3 decision, justices Jorge Labarga and James Perry joined Pariente in her partial dissent.
In 2014, Pariente wrote, “I dissent from the majority’s affirmance of Hurst’s death sentence because there is no unanimous finding by the jury that any of the applicable aggravators apply.” She continued, “The absence of juror unanimity in the fact-finding necessary to impose the death penalty remains, in my view, an independent violation of Florida’s constitutional right to trial by jury.”
According to Attorney General Pam Bondi, there are currently 43 death sentences that are eligible to be reduced to life in Florida. The Florida Supreme Court’s consequent steps regarding the death penalty system will determine the fate of those 43 inmates. For more information regarding Florida’s death penalty, [Click Here].
More fatal accidents are reported in the summer months, as vacations and road trips cause greater road congestion and road work leads to more obstacles and detours. Several other factors add to the danger of summer driving. Keep yourself and others out of harm’s way by minding the following safety tips before hitting the road this summer.
Check your tires.
Checking the air pressure and overall condition of your tires will help you save time and money, and better protect you from unexpected breakdowns and accidents. While keeping your tire pressure at the manufacturer’s recommended level increases fuel efficiency, it is also important to check your tire tread. The tread should not be less than 1/8 of an inch, especially during the rainy summer months when traction is crucial to road safety.
Road trips and vacations are often the most exciting part of summer, but overloading your vehicle can lead to unnecessary risk and damage. Your owner’s manual likely contains information about your vehicle’s maximum payload capacity. Adhere to these guidelines to avoid potential breakdowns and damages. Also ensure that the driver can see out of all windows before embarking on your summer journey.
Manage glare and heat.
Store a pair of sunglasses in your vehicle so you are always prepared for the bright Florida sun. Additionally, using a sunshield can help reduce your vehicle’s interior heat. Always remember it is unsafe to leave a child or pet unattended in a vehicle, as they are much more susceptible to overheating and dehydration.
Keep summer allergies in check.
Dry or irritated eyes, frequent sneezing, congestion, and exhaustion, all common allergy symptoms, can pose a serious threat to your safety and that of your passengers. Most over the counter allergy medications cause drowsiness, so talk to your doctor or pharmacist about medications that are safe to take before driving. You can also proactively prepare your vehicle for allergy season by keeping windows closed, regularly changing air filters, and frequently washing floor mats and other interior surfaces.
Exercise extreme caution during summer storms.
Roads are especially slippery during the first thirty minutes of a storm, or even light shower, as the rainwater mixes with oil and other substances covering the road. Ensure that your wiper blades are in working order and remember to keep your speed in check if you are on the road during one of Florida’s many summer storms.
Share the road.
Summer always means more motorcycles, bicycles, and pedestrians on the road. Scan the road in front of, behind, and to the side of your vehicle before switching lanes or turning to prevent collisions. AARP Smart Driver recommends increasing your following distance to four seconds or more when following a motorcycle, and cautions against ever sharing a lane with motorcycles.
Pay special attention to pedestrian crosswalks, as they always have the right of way.
Blick Law Firm is happy to meet your legal needs this summer and all year round. Call us now at 888-973-2776 for a free consultation with one of our trusted attorneys!
The Florida Supreme Court recently ruled on a case involving limiting attorney’s fees in workers’ compensation cases. The hearing resulted in a 5-2 ruling in favor of Florida’s injured workers.
Businesses argued that attorney fees in workers’ compensation cases both increase the cost of workers’ compensation insurance and jeopardize the state’s overall economic success; as a result, some Florida businesses were pushing for a law mandating lower fees. The court’s decision to strike down the law means that Florida legislators will have to mediate between Republic-aligned businesses and left-leaning law firms, who sit on polar opposite sides of the issue. Because 2016 is an election year and businesses and law firms are major contributors to political campaigns, lawmakers are expected to hold a special session regarding the issue.
The case in question was that of Marvin Castellanos, a Miami man and employee of Next Door Co. After injuring his head, neck, and shoulders in a work-related accident, Castellanos faced an aggressive defense by Next Door Co. and was ultimately awarded $822.70. Castellanos’ lawyer sought a fee of $36,817.50 for 107 hours of work on the case. He received $164.54.
Florida Supreme Court Justice Barbara Pariente wrote for the majority, stating that the law violates workers’ due process rights under the state and the United States Constitution and would do away with any notion of reasonableness. “Without the likelihood of an adequate attorney’s fee award, there is little disincentive for a carrier to deny benefits or to raise multiple defenses, as was done here,” Pariente wrote. “Virtually since its inception, the right of a claimant to obtain a reasonable prevailing party attorney’s fee has been central to the workers’ compensation law.”
Ricky Polston and Charles Candy, the courts two conservative members, dissented from the majority opinion. Candy said the law involves a “policy determination,” linking he amount of benefits obtained by workers to the amount of attorney’s fees awarded. Candy wrote the following: “The definition assumed by the majority categorically precludes the legislative policy requiring a reasonable relationship between the amount of a fee award and the amount of the recovery obtained by the efforts of the attorney…there is no basis in our precedents or federal law for declaring it unconstitutional.”
Kevin McCarty runs the Office of Insurance Regulation, which regulates workers’ compensation rates in Florida. He said that until the Legislature decides otherwise, his office will base attorney’s fees on the “reasonable” standard defined in the 2008 case, Murray vs. Mariner Health.
“Limiting attorney’s fees has been an important factor in reducing workers’ compensation rates.” According to McCarty, “A legislative remedy will be required to prevent significant increases in rates, and we look forward to working with all parties affected to bring about a sensible solution.” For more information regarding the worker’s compensation law, [Click Here].