On April 27, 2012, a bill amending Florida’s Self-Storage Facility Act (Act) was signed into law by Governor Rick Scott. The bill primarily implements changes to the notice requirements related to enforcing an owner’s lien against items stored in a self storage facility. According to the Self Storage Association, these changes could save Florida’s self storage industry more than $4 million annually. More...

Unfortunately, the concepts of right and wrong often may not influence the decision to breach a contract. This is particularly true during difficult economic times when parties to a contract often use the threat of litigation to forcibly renegotiate the terms of their agreements. Needles to say, when asking a party to honor their contract, it is unsettling to hear someone respond with “sue me.” More...

According to the Centers for Disease Control and Prevention, approximately 785,000 Americans suffer their first heart attack every year, while another 470,000 experience their second. Unfortunately, the number of those who die from sudden cardiac arrest is equally disturbing. More...

If a coin comes up tails 100 times in a row, is it more likely that the next toss of that same coin will be heads? The answer is no. Since, as they say, "a coin has no memory," the first 100 tosses do not change the fact that the probability on the 101st toss remains at fifty percent. Though significantly more complex, the insignificance of past events when calculating the probabilities of future events also applies to hurricanes. More...

"Angel speaking," I said, my customary phone answering protocol.

"Hi Angel, my name is Mary from XYZ Printing."

"Who? " I replied.

"Mary from XYZ Printing. I'm new here," she continued timidly, "and they gave me a list of people who have done business with us in the past to call."

"I honestly don't know your company," I replied.

"You printed business cards with us in 2008 and I am calling to see if you had anything you needed printed."

OUCH!

The Volunteer Protection Act of 1997 (VPA) is a federal law designed to promote volunteerism by protecting volunteers from liability if an injury occurs while they are volunteering. Many organizations relying on the services of volunteers assume that the protections afforded by the VPA extend to the organization itself. Unfortunately, this assumption is incorrect, and the consequences of this misunderstanding can be severe.More...

On August 23, 2011, a 5.8 magnitude earthquake centered near Mineral, Virginia was felt from Alabama to Ontario. Many of those affected did not know that earthquakes could happen in places like New York City, Washington D.C., or Philadelphia. These people held the common, but mistaken belief that earthquakes generally occur only on the West coast of the United States, particularly in California. Unfortunately, the reality is that earthquakes pose a national threat.More...

In an effort to avoid annoying and unnecessary communication, are we insulating ourselves from opportunity?

Take this situation that happened just yesterday. I had a lead for someone and didn’t have his email address. I called the receptionist to get it. She, rather unpleasantly, answered, “That information’s not available.” Not available? There were several more gracious ways she might have handled the situation, but in an effort to protect her boss from the inconvenience of an unsolicited email, she lost him a great lead. Why would I refer business to a company with a culture that doesn’t welcome communication? More...

Self-storage operators are not immune to slip-and-fall liability. While the volume of foot traffic at a self-storage facility may not reach that of other types of businesses, customers must still enter the premises to store, access and retrieve their property. As a result, an exposure to this type of liability exists, and facility operators must take this risk seriously.More...

Do employers have seven days to notify the Occupational Safety and Health Administration of a work-related incident that has resulted in the death of an employee? More...

Is lawyers' professional liability insurance necessary for a small law firm?

Professional liability insurance is vital for all law firms, no matter the size or the nature of the law firm’s practice. Lawyers’ professional liability insurance covers direct loss and expense to a lawyer or law firm arising from claims for alleged neglect, error or omission in the performance of services in a professional legal capacity.  More...

Pursuant to Florida’s workers’ compensation laws, an employer is generally required to pay compensation or furnish benefits to an employee who is injured on the job. More...

The relationship between parent and child is one of devotion and responsibility. Even in the most extreme circumstances, there is little that a parent would not voluntarily do for his or her child. However, what would a parent do for the person who was injured or who suffered property damage at the hands of the child? In such a case, the answer may not necessarily be up to the parent. More...

It's settled law that workers' compensation insurance covers employees when their injuries “arise out of and in the course and scope of employment.”  But it's possible that employees who are injured while participating in company-sponsored recreational activities may also qualify for workers' compensation. More...

Business owners commonly agree to accept the liability of another party, in a practice known as "risk transfer.”  Contractual risk transfer is a non-insurance contract between two parties whereby one agrees to indemnify and hold another party harmless for specified actions, inactions, injuries, or damages. More...

The day was progressing like any other - putting out fires, monitoring production, cultivating new business - until the receptionist announced the presence of an unexpected visitor. More...

What the risk-management process lacks in excitement it more than makes up for in importance. Since the absence of an effective risk-management plan can undermine even the most successful business, minimizing or eliminating risk is the cornerstone of any profitable commercial venture.More...

Did you know that by 2010, approximately one in six drivers across the United States may be driving without insurance? More...

John F. Kennedy once said that "a rising tide lifts all boats" to illustrate the idea that everyone benefits from a strong economy. More...

Many food service establishments offer delivery services for their customers.  Although this convenience provides the opportunity to increase revenues, it may also be accompanied by the unwanted consequence of increasing liability exposure. More...