Articles Tagged with Orlando wrongful death lawyer

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In Florida, there are laws in place requiring certain entities to be equipped with automated external defibrillators (AED). Commonly called “shock devices,” they are instruments used to electronically “restart” a person’s heart once they have gone into cardiac arrest. Here in Florida, F.S. 1006.165 requires every public school district that is a member of the Florida High School Athletic Association to have an operational AED on school grounds, and schools must make sure all employees and volunteers who might reasonably be expected to use the device are appropriately trained to do so. F.S. 258.0165 encourages (but does not require) state parks to have a functioning one on site at all times. Other provisions of Florida’s Administrative Code require them in dentists’ offices, state-owned or leased facilities. wrongful death lawyer

Failure to abide these provisions could be grounds upon which to pursue a negligence claim if a facility or premises required to have an AED does not, resulting in a wrongful death that might otherwise have been prevented.

In a recent case out of California (where there are similar provisions), an appellate court ruled a landlord who leases  commercial space to the operator of a health facility (which are required by state law to carry AEDs) doesn’t owe a duty of care to ensure those devices are provided. Continue reading →

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Disney World is facing a serious liability after a fatal alligator attack at one of its resorts that claimed the life of a 2-year-old boy. The toddler had been splashing in 6 inches of water along the shore of a man-made lagoon, where the resort invited guests to gather that evening to watch an outdoor movie.alligator5

Posted alongside of the shore were a number of “No Swimming” signs, but nowhere did it mention the threat of alligators – despite the fact that alligators were known to live in the water and further, staffers had complained to management that guests had been feeding the gators and they feared there would be an incident.

Legal analysts and personal injury attorneys reviewing the known facts of the case have largely concluded that those “No Swimming” signs probably weren’t enough to issue an adequate warning for a serious risk that was foreseeable. The park, which attracts 55 million visitors annually, cooperated with wildlife officials and law enforcement in terminating six alligators on the premises and have also created additional barriers to the site. However, these actions will not be enough to shield the company from liability. Continue reading →

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