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- Negligence (2)
- Bystander case (1)
- Climate change (1)
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- Equitable estoppel (1)
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- General negligence (1)
- Impact rule (1)
- Judicial estoppel (1)
- Negligent infliction of emotional distress (1)
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- Stormwater drainage (1)
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Articles 1 - 3 of 3
Full-Text Articles in Law
Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci
Is General Negligence The New Exception To The Florida Impact Rule?, Stephan Krejci
Florida A & M University Law Review
The impact rule is an ancient torts doctrine that precludes recovery for emotional distress unless the victim has been physically impacted by the tortfeasor and the emotional distress grew out of that physical impact. American courts widely adopted the impact rule and it persists in a handful of states to this day. Courts give several reasons for denying these negligent infliction of emotional distress (NIED) claims and these reasons fall into three broad categories: judicial efficiency, evidence concerns, and foreseeability. This paper proposes that Florida abrogate the impact rule and switch to using a general negligence approach for NIED claims. …
A Blanket Of Immunity Will Not Keep Florida Dry: Proposed Adjustments To Florida's Drainage Regulations And Sovereign Immunity Laws To Account For Climate Change Impacts, Theresa K. Bowley
A Blanket Of Immunity Will Not Keep Florida Dry: Proposed Adjustments To Florida's Drainage Regulations And Sovereign Immunity Laws To Account For Climate Change Impacts, Theresa K. Bowley
Florida A & M University Law Review
Addressing stormwater drainage in Florida has been an ongoing challenge since the middle of the twentieth century when the State began to experience rapid growth. Drainage problems already occur in Florida during seasonal high tides, heavy rains, and in storm surge events, and the impacts projected by climate change will exacerbate flooding. Identification of deficiencies in Florida’s existing drainage systems should include the responsibility and liability of drainage systems to be retrofitted to adapt to climate change. Part I of this paper explains the connection between global climate change and its effects on stormwater drainage in Florida. The existing governmental …
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Equitable Estoppel & Workers' Compensation Immunity: Why Litigants And The Courts Are Getting Ahead Of Themselves, Neil A. Ambekar
Florida A & M University Law Review
Every U.S. jurisdiction has created a separate body of law to address workplace injuries - the workers’ compensation scheme. These no-fault systems provide employees injured on the job lost wages and medical benefits. It also immunizes employers from negligence claims arising out of most workplace accidents. This article discusses a growing phenomenon in Florida’s workers’ compensation scheme, the use of estoppel to negate employer immunity. This article lays out the various theories of estoppel—primarily judicial and equitable—that may be asserted in the context of on-thejob injury litigation. This article goes on to explain why Florida courts should refrain from application …