MANUFACTURER NOT STRICTLY LIABLE FOR INJURY WHEN PRODUCT IS NOT USED AS INTENDED
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. A manufacturer is not strictly liable for all injuries caused by its product. In Hernandez v. Altec Environmental Products, LLC, 2012 WL 4511341 (S.D.Fla. 2012), an employee of Asplundh Tree Expert Co. (“Asplundh”) suffered a significant injury to his hand while he was in the […]
WHEN IS AN INJURY COMPENSABLE UNDER THE WORKERS’ COMPENSATION LAW?
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. An injury must “arise out of” one’s employment and must occur “in the course and scope of” that employment in order to be compensable under the Workers’ Compensation Law. In Caputo v. ABC Fine Wine & Spirits, 2012 WL 2814008 (Fla. 1st DCA 2012), Claimant, […]
ORAL AGREEMENT THAT COULD NOT BE COMPLETED WITHIN ONE YEAR – BARRED BY STATUTE OF FRAUDS AND UNENFORCEABLE
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. In Florida, there are laws that require certain contracts to be in writing in order to be enforceable. These laws are statutes of fraud. The purpose of the statutes of fraud is to eliminate the possibility of a change in terms claimed by the parties […]
NOTICE TO OR EMPLOYER’S KNOWLEDGE OF INJURY TO EMPLOYEE CONSTITUTES NOTICE TO WORKERS’ COMPENSATION CARRIER
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. Florida’s Workers’ Compensation Law requires employees who suffer an injury arising out of and in the course of their employment to advise their employer of the injury within 30 days after the date of or initial manifestation of the injury. The employer must then report […]
DETERMINING PREVAILING PARTY ATTORNEYS’ FEES IN LIEN ENFORCEMENT ACTIONS
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. “In any action brought to enforce a lien . . . the prevailing party is entitled to recover a reasonable fee for the services of her or his attorney for trial and appeal or for arbitration . . . .” Florida Statute, Section 713.29. Although […]
BEFORE ENTERING INTO A RELEASE — THINK OF LANDMARK: BOARD RELEASES GIVEN IN EXCHANGE FOR WARRANTY WORK MAY BAR PROPERTY INSURANCE COVERAGE
By: Stearns, Roberts & Guttentag, LLC. Section 718.203 of the Florida Statutes requires developers to perform warranty work for structural components of a condominium building. The question arises as to whether an owner’s property insurance policy will cover hurricane damage when the damage results from defective warranty work, and the owner releases the developer and/or […]
NON-COMPETE AGREEMENT HELD ENFORCEABLE BY COURT
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, L.L.C. Courts will construe non-compete/non-solicitation agreements in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement of such agreement. Such an interpretation of a non-compete/non-solicitation agreement by a court was demonstrated in the case of Anarkali Boutique, Inc. v. […]
WHEN DOES PREJUDGMENT INTEREST START ACCRUING ON A PAST DUE PAYMENT?
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Where a disputed claim becomes liquidated by the court as to the amount recoverable, prejudgment interest is to be awarded from the date the payment was due. This rule of law was applied by the court inCurrent Builders of Florida, Inc. v. Certified Lower Keys […]
MILLER ACT BONDS: EQUAL PROTECTION FOR SUBCONTRACTORS AND SUPPLIERS ON A FEDERAL PROJECT
By: Stearns, Roberts & Guttentag, LLC Federally owned property is exempt from liens that normally protect subcontractors, suppliers and laborers from nonpayment. As such the Miller Act, Title 40 § U.S.C. 3131, was designed to protect subcontractors and suppliers providing labor and materials to a Federal project, and requires contractors to post a bond to […]
GROSS NEGLIGENCE – AN EXCEPTION TO WORKERS’ COMPENSATION IMMUNITY
By: Richard E. Guttentag, Esq., Stearns, Roberts & Guttentag, LLC Where workers’ compensation is in place, the workers’ compensation insurance is generally the exclusive remedy for the injured employee, unless the injury is the result of gross negligence, an intentional tort, or where the conduct in question is virtually certain to result in injury or […]