Business and Tax Lawyer Blog

In order to avoid slip and fall accidents at your business, it is important to take steps to reduce your risk of liability. Keeping floors dry, clean, and free of obstructions is also important. Someone should be tasked with monitoring the cleanliness of floor space throughout the office. If items are left on the floor for a long period of time or the floor is wet, you are putting yourself at risk for accidents.
Stairs can also pose a risk of liability. They can be damaged over time, and the edges may become either sharp or rounded and cause harm to someone.
If you become aware of a dangerous condition on the premises, you have a duty to fix it. There is an increased risk of injury with all the moving parts, so be wary of elevators and escalators. Failing to watch these key areas to avoid slip and fall accidents may lead to a potential lawsuit. It is also advisable to check your liability insurance to ensure you have sufficient coverage.

To read more on this article, visit Top 3 Small Business Slip and Fall Accident Tips.

Continue reading "Avoid Slip and Fall Accidents at Your Business" »

A class-action lawsuit has been filed against T-Mobile, Microsoft and its subsidiary, Danger, after a server glitch In October 2009 disrupted T-Mobile "Sidekick" cell phone users' data service.

The lawsuit alleges that the companies were negligent and that they did not follow through on advertised promises that customers' data would be secure. At first, Microsoft informed customers that their personal data may have been lost forever, but two days after the suit was filed Microsoft announced that most of the data had been recovered. The recovery of the data could negate most of the damages the plaintiffs in the class action suits would be able to claim. However, some Plaintiffs have stated that neither their data nor the data of other class members had yet been restored.

With more personal information being transferred digitally than ever, it is critical for companies to protect that data with advanced security measures.

Find out more about this story at Sidekick outage lawsuits now up in air.

Continue reading "Server Outage Wipes Out Customers' Personal Call Phone Data, Triggering Class Action Lawsuits" »

As many as 100,000 homes across the country may have been built with defective Chinese Drywall. The drywall has been found to emit sulfide fumes, which can corrode pipes and wiring and cause health problems such as skin irritations and respiratory problems. At least two Florida home insurance providers have threatened to cancel or not renew policies of affected homeowners.

Citizens Property Assurance Corporation and Universal North America have stated that they are not required to cover the cost of removing and replacing the drywall and corroded wiring and piping, which could add up to as much as $100,000 for an average home. The companies have cited clauses in policies that exclude damage caused by "pollution" or "builder defect."

Citizens advised policyholders who have filed claims for damages that they must provide proof that they have replaced the drywall or their policies will not be renewed as the corrosive effects of the sulfur will likely cause further damage to the home. Universal North America, Florida's 12th largest home insurer, dealt with at least one claim by cancelling the homeowner's policy outright.

Policy holders have been put in a difficult position; if they report the defective drywall they may be required to replace it or risk losing their coverage. Builders who installed the defective drywall may be held liable for replacing it. Each may also have recourse with the distributor or manufacturer of the product.

Find out more about this story at Insurers Drop Drywall Victims.

Continue reading "Defective Chinese Drywall Leaves Some Florida Homeowners Without Insurance" »

A former employee, Darrol Olsen, of Lockheed Martin Corp, a major US defense contractor, has claimed in a federal whistleblower lawsuit that the F-22 Raptor stealth jets the company was building for the US defense department were knowingly finished with a defective stealth coating. President Barack Obama ended the production of the jets in 2009, following the advice of critics who said that it was ill-suited for the wars in Iraq and Afghanistan. Each jet cost the US $140 million.

Olsen was fired from the company in 1999. The false certification and concealment of negative testing results was alleged to have taken place between 1995 and 1999. Olsen also claims that he was told to mind his own business when complaining about his suspicions of false certifications to his superiors. In the lawsuit, Olsen claims that Lockheed added extra layers of coatings to the jets so that they would pass air force tests. Apparently the coating would rub off if it came in contact with oil, fuel or even water. The extremely thick coating added to cover up the problem allegedly affected the jets’ speed and maneuverability.

Olsen is suing Lockheed to pay $50 million to the US government for each jet included on the contract. Find out more about the F-22 Raptor Stealth Jet Ex-Lockheed engineer claims F-22 tech 'defective'.

US District Judge John F. Keenan in Manhattan granted a request by Merck pharmaceuticals for a summary judgment in a product liability case concerning their osteoporosis drug, Fosamax. The case was brought by 74-year-old Bessie Flemings of Mississippi, who claimed she developed osteonecrosis from taking the drug. Osteonecrosis is a bone condition where the bone in the jaw dies and can fracture. The judge determined that Ms. Flemings did not present reliable evidence supporting her claim. Ms Flemings plans to appeal the judge’s decision.

Last September the first of the three so-called bellwether cases concerning Fosamax was declared a mistrial after jurors deadlocked. It has not been rescheduled. That case was brought by 71year old Shirley Boles of Florida. Nationally, Merck is facing nearly one thousand state and federal suits alleging that Fosamax causes osteonecrosis. The company has set aside $100 million for legal fees.

Fosamax used to bring in more than $3 billion in sales for Merck each year, making it one of the company’s best-selling drugs. However, the availability of generic equivalents after the patent protection expired in 2008 has significantly reduced sales. Find out more about these cases at Merck Wins Dismissal of Fosamax Case Set for Trial.

Products liability is a complex matter that requires the services of an experienced business law attorney. If you are involved in such a matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.

Philip Morris USA is the largest tobacco company in the US. The company recently lost a lawsuit brought by a Florida woman with emphysema. A jury in a Broward County, Florida court found in favor of the plaintiff, Lucinda Naugle, and awarded her compensatory damages of $56 million and punitive damages of $244 million.

The lawsuit was made possible by a Florida Supreme Court decision in 2006 that de-certified a class action suit, allowing individuals to file their own suits against the company. In that decision, the supreme court specifically allowed plaintiffs to introduce factual determinations from the original class action case as established fact in their own cases. Ms. Naugle’s award is the largest stemming from the Supreme Court decision.

Ms. Naugle, now 61 years old, stated that she started smoking at the age of 20, and gave it up at the age of 45. The jury did find Ms. Naugle 10% at fault, meaning that Philip Morris must pay only 90% of the compensatory damages. Philip Morris plans to seek further review of the verdict, saying that the verdict was affected by erroneous rulings by the judge in the case. Find out more about this large Florida verdict against a tobacco company at Philip Morris Must Pay Smoker Almost $300 Million, Jury Says.

If you have questions about business law please contact Wood, Atter & Wolf, P.A. for legal counsel.

The luxury Epic Hotel in Miami, Florida was the site of a Legionnaire's Disease outbreak recently. Four people were reportedly made ill and one person died from the bacterial infection. The bacteria is said to have gotten in to the hotel via the water system, but the Miami-Dade County Health Department is still investigating the outbreak.

An advisory was placed on the hotel to keep guests out; the hotel management company was ordered to upgrade their water filtration system and clean out their water supply before the advisory would be lifted. They were able to do so and reopened within a few days. It has not been proven whether the hotel was in any way responsible for the outbreak.

Legionnaire's Disease is an acute respiratory infection caused by Legionella bacteria. It is typically water borne, and cannot be passed from person to person. Symptoms include chest pain, coughing up blood, fever, gastrointestinal symptoms, headache, joint pain, lack of energy, muscle aches, chills and shortness of breath. Older people and those with poor lung capacity or compromised immune systems are more likely to die from the disease.

Read more about the Legionnaire's Disease outbreak at Virus Outbreak Comes To An End At Miami Luxury Hotel.

If you have a business legal matter, please contact Wood, Atter & Wolf, P.A. for legal counsel.

During a 2008 compliance inspection at the University of Florida's main Gainesville campus, the Florida Department of Environmental Protection (FDEP) allegedly observed Resource Conservation and Recovery Act (RCRA) violations by the university. The most serious alleged violation involved improper disposal of a cleaning solvent used to clean the engines of grounds keeping machinery.

The cleaning solvent contained twenty to thirty percent tetrachloroethylene (PCE). Soil samples collected near the maintenance area had concentrations of PCE that exceeded the FDEP Soil Cleanup Target Level for leachability. Groundwater from near the area was also tested and found to have a concentration of PCE exceeding the FDEP Groundwater Cleanup Target Level.

The US Environmental Protection Agency has announced that they have entered into an agreement with the University of Florida to remediate the contamination. The University will also pay a civil penalty of $175,000. While it is unfortunate that this dangerous contamination occurred, it is good to see the FDEP and the University of Florida work together to remedy the situation.

The health of Florida's citizens and its precious water resources are both at stake. Find out more about the alleged environmental violation by the University of Florida and the remediation plans at EPA and University of Florida Sign Consent Agreement Settling Hazardous Waste Violations.

If you own or operate a business in the Jacksonville, Orlando or Gainesville, Florida areas, please contact Wood, Atter & Wolf, P.A. for legal counsel.

In 2008, a California appeals court decided that even if a patient is harmed by a manufacturer of a generic drug for failing to warn consumers of possible side effects, the manufacturer of the brand name equivalent could still be liable for negligent misrepresentation.

In Conte v. Wyeth, Inc., the plaintiff, Elizabeth Conte, was prescribed Reglan for acid reflux. The generic equivalent is metoclopramide. After using the generic version of the drug for four years, she developed tardive dyskinesia, a neurological disorder. The condition is associated with tremors and involuntary twitches. Judge Peter Siggins reasoned that name-brand drug manufacturers know or should know that doctors would prescribe the generic equivalents, and the brand name manufacturers thus must educate doctors and consumers about possible side effects of the drugs, regardless of which version is ultimately prescribed.

It is important to note that the manufacturers of the generic drugs are not absolved. They simply now share liability with their brand-name competitors.

Defective batteries and a software glitch in defibrillators (AEDs) manufactured by Zoll Medical Corporation may raise a surprising  premises liability issue for owners of businesses who purchased the AED's  to provide additional protection for customers and employees experiencing heart problems while on the businesses premises. The Zoll Medical Corporation is now reminding AED purchasers who may not have taken advantage of the company's voluntary corrective action in April of 2009 that they need to run a software upgrade to ensure the devices are working properly. Business owners should do so immediately, as lives are at stake.

The Zoll product in question is the AED Plus automated external defibrillator. Batteries in some of these devices are defective, and the software that is supposed to detect the battery failure may not be working properly either. Defibrillators older than three years are the most likely to fail. Affected products will carry a serial number of "X_ _ _200000" or lower. The software patch is available on the company's website. Users should also send Zoll an acknowledgment that the corrective action has been implemented. This is an important step for business owners as the "confirmation of corrective action" could be an important element in avoiding liability in the case of a subsequent AED failure. It would  also permit  Zoll to ensure that all defective defibrillators have been updated.

Three devices have been reported to have failed due to the problem, and two patients died when they were unable to receive the defibrillation shock. Find out more about the defective defibrillators at Zoll reminds on AED battery issue.

If you are dealing with a product liability or premises liability issue, please contact our firm for business law counsel.