What is Premises Liability?

Slip (or trip) and falls are grouped into the class of Personal Injury cases that revolve around premises liability. This occurs when a person loses their footing and is injured on someone else’s property. Personal injury law is largely based on the concept of negligence. In most premises liability cases, Florida law places the burden…

Dog Bites and Products Liability: Strict Liability Laws in Florida

Strict liability is a body of tort laws within personal injury that allows the imposition of liability on a party without the requirement to prove fault, negligence or intention. The claimant only needs to prove that the tort occurred and that the defendant was responsible. In Florida, there are two categories of injuries that follow…

Disadvantages and Pitfalls of the Employee Handbook

An employee handbook can be a crucial tool for employers. However, failure to draft the employee handbook properly can lead to an employer entangling themselves in litigation. Last week’s blog focused on the advantages of the Employee Handbook. However, this week, the focus is on some of the pitfalls that can come from an improperly…

The Ticktin Law Group February 5, 2018 – Public Accommodations Pursuant to the Americans with Disabilities Act (“ADA”)

Public Accommodations Pursuant to the Americans with Disabilities Act (“ADA”) The Americans with Disabilities Act establishes which buildings and public structures must be compliant with the Americans with Disabilities Act (“ADA”) and be accessible to those with disabilities. In general, most commercial buildings and public areas which are open to the public must provide accessibility…

The Ticktin Minute January 22, 2018 – Which Car Insurance Companies to Avoid

Which Car Insurance Companies to Avoid Insurance is big business; especially in South Florida. Obviously, there are no non-profit car insurance companies; however, some car insurance companies are more worried about profiting than providing quality service to their customers. There are several insurance companies in South Florida where this is especially true. People must be…

The Ticktin Minute January 8, 2018 – Can an Employer Pay an Employee Less if they have a Disability?

Can an Employer Pay an Employee Less if they have a Disability? The short answer to this question is that an employer cannot pay a disabled employee less than an employee without a disability, with certain very specific exceptions. Salary and benefits should be based on the position and quality of work such employee produces….

The Ticktin Law Minute January 1, 2018 – Identifying Who is Protected by the Americans with Disabilities Act (“ADA”)

Identifying Who is Protected by the Americans with Disabilities Act (“ADA”) Having a disability alone is not enough to qualify for protection under the Americans with Disabilities Act (“ADA”). A person with a disability must be able and qualified to perform the essential functions of the job that they are applying for (or hired for)…