jcb
always emerging from hibernation
- Joined
- Apr 28, 2007
- Messages
- 4,641
Jason Garcia has written a thoughtful article about the legal hurdles facing the families in the monorail and seaworld lawsuits. http://www.orlandosentinel.com/business/os-cfb-cover-death-suits-091310-20100912,0,5803798.story.
Before workers comp laws, it was very difficult for employees to win personal injury lawsuits against their employer. Back then, the employee would, for example, lose if the employee's negligence played any role in the accident. Now, fault is irrelevant (with some exceptions for drug use).
Another point he doesn't make is that florida's immunity statue is hardly unique. Many states strictly limit lawsuits by employees to where the employer intended to injure the employee. If anything, florida is slightly more favorable to employees.
But on the whole, the article is good at explaining the reason for the recent allegations in the monorail lawsuit and seaworld's concern about the OSHA findings.
Before workers comp laws, it was very difficult for employees to win personal injury lawsuits against their employer. Back then, the employee would, for example, lose if the employee's negligence played any role in the accident. Now, fault is irrelevant (with some exceptions for drug use).
Another point he doesn't make is that florida's immunity statue is hardly unique. Many states strictly limit lawsuits by employees to where the employer intended to injure the employee. If anything, florida is slightly more favorable to employees.
But on the whole, the article is good at explaining the reason for the recent allegations in the monorail lawsuit and seaworld's concern about the OSHA findings.
