It is reported that Florida has one of the highest rates of deadly automobile accidents in the United States according to one of the latest reports on motor vehicle accidents. It is important to note that these conclusions are drawn from data from various sources with different methods for counting car accidents. For instance, the state of Florida has a higher proportion of the total amount of all car accidents compared to the state’s proportion of the total country’s population.

Florida’s overall automobile crashes make up about 6.2% of the total United States automobile accident crash volume. However, Florida’s proportion of automobile accident injuries is a remarkable 13.4% and accounts for more than 9.1% of roadway deaths resulting from an automobile accident.  Consequently, the studies appear to show that Floridians crash as often as expected but have a higher likelihood of causing accident-related injuries or deaths.

To date, Florida has not required Bodily Injury Liability coverage for its drivers to operate a car legally.  Only after a driver causes an accident that results in bodily injuries to another person, are they required to have either Bodily Injury Liability coverage or post a bond for the required amount of coverage.

It often arises that people get into an auto accident in Florida where the responsible or at fault driver has no Bodily Injury Liability insurance (BI). In these situations, it would be wise to be proactive and purchase an automobile insurance policy that comes with Uninsured Motorist (UM) coverage. Accordingly, if a Florida resident gets into a motor vehicle accident and the liable driver does not have BI insurance coverage, an individual will still be able to file their personal injury claim under the UM coverage they have with their own automobile insurance company. Their insurance carrier will then process the claim following the same process or procedure as it would for an opposing insurer. The only difference is that the claim will be against one’s own UM coverage and not against another driver or vehicle owner. Likewise, if involved in a hit-and-run accident where the responsible driver has fled the scene before information can be obtained, one can again seek compensation from their own UM coverage with their automobile insurance company.

If you should have additional questions, please contact your insurance agent, insurance carrier or one of the attorneys at CASERTA & SPIRITI before an auto accident occurs.

• Last Will & Testament-This document covers the disposition of an individual’s property and/or assets after death.

• Durable Power of Attorney-This document grants or authorizes someone else (agent) the legal authority to act in a person’s (the principal’s) place, specifically it names an agent to handle financial matters on their behalf.
• Healthcare Power of Attorney also called a Designation of Health Care Surrogate in Florida is a type of Healthcare Advance Directive-This document names the person (agent) who has the power to make medical decisions for an individual if they become incapacitated.
• Living Will, also known as a Healthcare Advance Directive-This document outlines one’s wishes for medical care if they cannot make decisions for themselves. It includes instructions for removal of life support, lifesaving measures (such as resuscitation), or whether the patient would want hydration or nutrition. There are other documents, which are written medical orders from a physician, nurse practitioner or physician assistant called Physician Orders for Life Sustaining Treatment (POLST) form or Do Not Resuscitate (DNR) form.

• Declaration of Preneed Guardian -This document designates, nominates or appointments of an individual(s) as guardian(s) for oneself or for minor children that they are currently serving as guardian for or are the parents. This form is not effective immediately. If a preneed guardian is appointed for a competent adult individual, then the guardianship will not take effect unless the individual is incapacitated and otherwise unable to manage their own affairs. If a preneed guardian is appointed for minor children, then the guardianship is not effective until the current guardian is either incapacitated or dead.  If the other parent of the subject minor children is still living, then guardianship would remain with that surviving parent unless their rights have been terminated by a Court. In a situation where one is a single parent, or if both children’s parents die simultaneously, some document appointing guardianship would be recommended to ensure the minor children are placed under the care of the individual or individuals of the declarant’s choice.

Of course, an individual or couple may need more than the foregoing documents. If one has multiple properties, high net worth, or wants to avoid probate proceedings, an individual contemplating doing an estate plan in Florida may need a trust or other instruments or documents to protect certain assets or meet the individual’s particular needs or circumstances.

Consequently, it would be suggested that said individual or couple should contact and discuss their situation with an experienced estate planning attorney, such as the attorneys at CASERTA & SPIRITI, to fully customize their particular estate plan to meet their specific needs. 

Motor vehicle car accidents are the leading cause of death for children; however, drowning follows closely behind as the second leading cause of death among children under the age of 15. Drowning is also one of the leading causes of death among adults and the elderly as well. 

Herein we will point out the primary risk factors, types of drowning accidents, causes and injuries, common drowning locations as well as who may be held liable in these types of cases. 

There about six risk factors in many drowning deaths. Many people are potentially at risk for drowning but knowing the risk factors can lower that overall risk. The following factors increase the risk for accidental drowning and other unintentional injuries while in or near the water.

Males are at a higher risk of drowning, having twice the mortality rate of females, as well as a greater chance of being hospitalized in non-fatal drownings and other injuries in the water.

Around the world, children aged one to four have the highest drowning rates, followed by children five to nine years of age. Lack of adult supervision, along with the fact that children often misjudge their own swimming ability and also fail to realize the dangers of water play.

Given that the use of alcohol and drugs impede reaction time, judgment, and physical abilities, swimming or boating under the influence places an individual at a higher risk for drowning.

Individuals who live close to the water and have greater access are at a higher risk simply because they spend more time in, around and/or on the water.

Certain medical conditions make it riskier to be in the water alone.

As flooding disasters become more frequent, more accidental drownings can result.

In Florida, some of the cases of drowning include swimming pools, which are prevalent, at private residences, at resorts, or in amusement parks. Water activities are also popular given the number of lakes, rivers, and top-rated beaches. However, many drowning accidents occur in swimming pools, leaving families distraught. Typically, these are negligence cases caused by the subject pool owner and/or the manufacturer of the product in question. 

While there are guidelines, regulations, and laws in place to prevent drowning accidents, such accidents still occur. The Residential Swimming Pool Safety Act (RSPSA)- 2021 Florida Statutes, Chapter 515,  starts by acknowledging that avoiding death by drowning is most effectively achieved with the supervision of a responsible adult. Given that many swimming pool accidents occur with no adult present, RSPSA requires swimming pools in Florida to have a minimum of one of the following safety measures installed:

• Pool must have isolated access from the home according to pool barrier requirements,
• Pool barrier must be a minimum of four feet in height and not easily climbed,
• Pool must be equipped with an approved safety cover,
• All doors and entrances to the pool area must have self-closing and self-latching devices at 54 inches or higher,
• Any doors or windows with direct access to the pool must have exit alarms, and
• Pool must be equipped with a pool alarm that sounds when water is entered.

Property owners, who fail to comply, can face criminal charges. If a property owner or an injured party are unsure about RSPSA guidelines, please contact a Personal Injury Attorney at CASERTA & SPIRITI who can explain the applicable legal process. 

Common causes of drowning accidents may include:

• Slip and fall incidents on the pools surrounding surfaces,
• Broken pool ladders or pumps,
• Diving accidents,
• Inappropriate water levels,
• Negligent lifeguards,
• Poor equipment maintenance,
• Out of place emergency safety and floatation devices, and
• Poor overall construction, among others. 

Without appropriate supervision and safety equipment, water activities can become dangerous. 

Drowning accidents bring devastating emotional trauma, pain, suffering, as well as tremendous expense. If a loved one is lost because of a drowning accident, and it is believed another party was responsible for the loss, by law, injured party themselves or a family member may be entitled to compensation.

It only takes one inch of water to cause an accidental drowning incident. The most common locations for accidental drownings are:

• Lakes,
• Rivers,
• Oceans,
• Swimming pools,
• Bathtubs, and
• Buckets.

The elderly and infants have a greater risk of drowning in the bathtubs, though individuals aged five to 64 also drown in bathtubs. A child under the age of six should never be left unsupervised in a tub since they may slip and fall and be unable to pick themselves up or call for help.

Though adults do drown in tubs (a result of falling, sleeping, or passing out), they more often drown in swimming pools, natural bodies of water, and hot tubs. Alcohol or drugs, which impair judgment, balance, and coordination, are often a contributing factor to adult accidental drowning. Pre-existing medical or physical conditions, like seizure disorders, can also increase the risk of drowning.

If it is believe another party is liable for a loss, that injured party will need a knowledgeable drowning accident lawyer who understands the law and can analyze the subject case to determine liability. It is also important to note that if one is considering a personal injury or wrongful death claim against those believed to be liable in the said accident, they will need to do so within the statute of limitations or deadline of the state of Florida or be barred from any type of recovery. If injured in a swimming pool accident, in Florida, the statute of limitations is four years from the date of incident to make a claim. On the other hand, if there is a death of a loved one in a drowning accident, there is only two years to file a wrongful death lawsuit in Florida. It is best to act as soon as possible after an accident and contact an experienced Attorney.

Those potentially liable in a drowning accident is dependent on several factors, including where the accident happened and if a product involved in the accident was defective. Regarding the location of the accident, the following parties can be found at-fault:

• The property owner or tenant of the property,
• Neighborhood Associations,
• Recreational Centers,
• Day Camps, and
• Hotel or Resort, among others.

These parties are required by law to ensure safe conditions to protect guests who visit their property, premises, or establishment, and when they fail to do so, they can be held liable. 

In the same way, a designer, manufacturer, wholesaler, or retailer may be liable if a defective product resulted in a drowning accident. For instance, if a life jacket or other safety device failed, causing an individual to drown.

In a swimming pool or drowning accident, the key to recovering compensation is determining liability and proving negligence, which requires investigating the claim, gathering the needed evidence, and legal representation. 

If an individual has suffered a personal injury or lost a loved one in a swimming pool accident, an expert is needed who cares and understands liability and negligence.

If someone needs guidance following the loss of a loved one in a drowning accident, or suffers injury themselves in Florida, contact the lawyers as well as the professional legal team at the law firm of CASERTA & SPIRITI.  Injured parties and families should consider retaining experienced legal counsel to guide them through the process while protecting legal rights and ensuring a fair recovery for the compensation deserved from a tragic loss, which may include medical costs, pain and suffering, rehabilitation, lost wages, disability, among others. 

Quite often many laws that are passed by the Florida. legislature and not vetoed but signed by the Governor become effective on July 1, the increase in the minimum wage is in September, however, there are a few that become effective January 1, 2022.

A pair of bills signed this year by Governor Ron DeSantis, involving vehicle rentals and notaries public, become law on January 1, 2022.

In addition, starting at that time, Florida employers will see an average 4.9 % decrease in rates for workers’ compensation insurance. The vehicle-rental measure (SB 566) sets insurance and other requirements for people who take part in peer-to-peer car-sharing programs. In part, the bill requires that, during car-sharing periods, the vehicle owners and rental drivers are insured to at least minimum requirements in state law. It also requires car-sharing programs to oversee the collection and remittance of taxes.

The Senate bill sponsor Keith Perry stated: “We are mirroring what is required by Enterprise or Alamo and the other ones.”

On the other hand, state Senator Gary Farmer, who was among 12 senators and 15 House members who voted against the proposal, questioned whether the measure would provide “appropriate safeguards.”  He stated to the media- “I’m not a rental car company. I’m not going to know, to check the validity of a driver’s license.”  He further stated that “[m]aybe you’ve got a whole history of DUIs out there and I don’t know about it. And now I’m entrusting you with my car. Cars are deemed dangerous instrumentalities under the law of the state of Florida. So, we do a lot of things to protect our residents in general. That’s why we have the rule that a car owner is generally responsible for anybody they let use their car.”

Florida lawmakers passed the bills dealing with vehicle rentals and notaries (HB 121) during the legislative session that ended in April 2021. Most bills passed during the session took effect July 1, which also was the start of the state’s fiscal year.

The notaries bill expands on a 2019 law that authorized remote online notarizations in the state. State Representative Sam Garrison, who sponsored the measure, said during a March Judiciary Committee meeting that the changes are designed to address issues that arose as the coronavirus pandemic increased use of remote notary platforms.

Among the foregoing changes, the law requires platforms to store video of notary sessions, directs the Department of State to include on its website a list of platform providers and allows court reporters to remotely swear in witnesses and newly admitted attorneys via audio-video technology. The law also prohibits platform users’ personal information to be sold.

A third bill (HB 54) that legislators sent to DeSantis with a January 1, 2022, implementation date would have eliminated the state’s no-fault insurance system, and its requirement that motorists carry personal injury protection, or PIP coverage. Ultimately, that bill was among five, which Florida Governor DeSantis vetoed from the 2021 session.

In vetoing the measure, DeSantis explained the no-fault system has flaws and state law involving bad faith litigation, an issue which could lead to costly lawsuits over how insurers handle claims and therefore is “deficient.” Further, DeSantis said the proposal did not “adequately address the current issues facing Florida drivers and may have unintended consequences that would negatively impact both the market and consumers.”

On December 2, 2021, Florida Senate President Wilton Simpson suggested that the no-fault repeal issue could return in the 2022 session, which begins January 11, 2022.

While it was not a result of the legislative session, employers will continue to see decreasing workers’ compensation insurance rates in 2022. Florida Insurance Commissioner DavidAltmaier issued an order in November that set an average 4.9 % decrease, with an effective date of January 1, 2022. This came after an average 6.6 percent decrease that took effect in 2021. Commissioner Altmaier presented a prepared statement in November 2021, to the residents of the state suggesting that “[s]afer workplaces, innovative techniques, and improved risk management practices have resulted in the continued decline in workers’ compensation claims, ultimately benefiting Florida businesses,”

The foregoing is merely a summary of changes regarding relevant Florida laws for the new year. Please call the attorneys at the law firm of CASERTA & SPIRITI if you have any questions about any of these topics.