Taylor Day Law

The Briefing

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WHO’S RESPONSIBLE FOR A CONTRACTOR BEING INJURED OR KILLED ON YOUR COMMERCIAL PROPERTY?

WHO’S RESPONSIBLE FOR A CONTRACTOR BEING INJURED OR KILLED ON YOUR COMMERCIAL PROPERTY?

If you hire a contractor to perform services at your business, you might be interested to know that your legal standard of care is different from the duties owed to a customer.  Of course, when a workplace injury occurs to an employee of an independent contractor on your premises, you probably expect workers’ compensation coverage to be available, and it may be.  However, the existence of workers’ compensation coverage might not preclude third-party liability.  In other words, the premises owner or possessor—regardless of whether you lease or own the premises— may still be liable for the injury. The legal analysis of an injury or death of an employee of an independent contractor on your premises is significantly different than that of a customer. Under Florida law, a premises owner or possessor owes two duties to business invitees, including customers: (1) a duty to maintain the premises in a reasonably safe condition; and (2) a duty to warn of latent dangers. As to an independent contractor, a premises owner or possessor (a lessee) who hires an independent contractor is generally not liable for injuries sustained by that contractor’s employees in performing their work.  That’s true even when the work is dangerous, as long as the risks are disclosed and/or clearly incidental to the work. Of course, every general legal rule has exceptions.  A premises owner or possessor may be held liable for damages sustained by the employee of an independent contractor when (1) the owner or possessor actively participates in or […]

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Taylor Day Recognized As Seminole 100

Taylor Day Recognized As Seminole 100

Taylor Day was recognized during Florida State University’s 2nd Annual Seminole 100 Celebration on March 2 at FSU’s University Center Club in Doak Campbell Stadium. Alumnus and Shareholder Bo Boyd accepted the award on behalf of Taylor Day and its two other Seminole alumni, Shareholders David Gagnon and Christopher Mueller. To qualify for the Seminole 100, a company must have been in business for at least three years and must be owned or majority managed by an FSU alumnus for three consecutive years prior to nomination. “The remarkable success of these business owners reflects well on the university, and we are incredibly proud that they are Florida State alumni,” said Melissa Roberts, managing director of the Jim Moran Institute. “Seminole 100 is our way of recognizing entrepreneurial excellence among our alumni, and it helps fulfill Florida State’s goal of becoming a preeminent university that embraces entrepreneurship, creativity and innovation across campus.”

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Citing to the Recent Rise of High-Profile Mass Shootings, Fourth District Court of Appeal Certifies Question of Great Public Importance to Florida Supreme Court Regarding Sovereign Immunity Liability

Citing to the Recent Rise of High-Profile Mass Shootings, Fourth District Court of Appeal Certifies Question of Great Public Importance to Florida Supreme Court Regarding Sovereign Immunity Liability

Pursuant to Florida’s Sovereign Immunity Statute (§768.28), the State of Florida and its political subdivisions has limited liability in tort for damages. Pursuant to the statute, the state is not required to pay a claim which exceeds $300,000.00 for all claims or judgments. Narrowly construed, this means that the cap is $300,000.00 for multiple claims arising out of the same negligent act(s) committed by the state agency. However, the Fourth District Court of Appeal recently held that a broader reading of the statute could allow a per injury limitation. The Fourth District Court of Appeal heard argument on the state entities’ Motion to Certify a Question of Great Public Importance to the Supreme Court regarding the sovereign liability. In the underlying claim, a negligence action was filed in Palm Beach County against the Department of Children and Families by the father/guardian of four children killed and one child injured by their mother’s boyfriend. The Complaint alleged that the department breached its duties to the children, resulting in their death and injury. With the question being whether damages are capped at $300,000.00 for the claims of all the children or $300,000.00 per claim. The Fourth District Court of Appeal granted the motion and certified the following question to the Supreme Court: “When multiple claims of injury or death arise from the same act of negligence committed by a state agency or actor, does the limitation on the waiver of sovereign immunity in section 768.28(5), Florida Statutes, cap the liability of state agencies […]

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Florida’s Fifth DCA taketh away, but also giveth, to construction defect defense attorneys

Florida’s Fifth DCA taketh away, but also giveth, to construction defect defense attorneys

Florida’s Fifth District Court of Appeal recently offered some clarity on two oft-argued defenses in construction defect matters. In CB Contractors, LLC v. Allens Steel Products, Inc., the 5th DCA reviewed both 1) indemnity provisions challenged under Fla. Stat. 725.06; and 2) common law indemnity claims brought by general contractors against their subcontractors. 2018 WL 6579215 (Fla. 5th DCA 2018). Typically, construction defect defense litigators will argue either via Motion to Dismiss or in affirmative defenses that an indemnity provision that does not comply with the mandates of Fla. Stat. 725.06 is void and unenforceable. Likewise, citing to Paul N. Howard Co. v. Affholder, Inc., 701 So. 2d 402 (Fla. 5th DCA 1997), defense counsel regularly argue subcontractors do not, as a matter of law, share a common obligation with the general contractor that may give rise to a common law indemnity claim. In CB Contractors, the 5th DCA virtually eliminated these two defenses. However, the court may have also provided significant insight on how to address multi-count claims that are, at their core, indemnity by another name. First, the court reviewed the matter of whether an indemnity provision that fails to comply with Fla. Stat. 725.06 is void and unenforceable, or whether just the portion of the indemnity provision that fails to comply is void. In analyzing the indemnity provision at issue, the trial court found the requirements of Fla. Stat. 725.06 were not met and the clause was deemed void and unenforceable in whole. The 5th DCA overturned this decision, finding support in prior case law that only the non-compliant portion […]

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Taylor Day Continues Expanding, Welcomes Shircola D. Powell

Taylor Day Continues Expanding, Welcomes Shircola D. Powell

Taylor Day welcomes its second associate this month, Shircola Powell. Shircola graduated with a B.A. in criminal justice before pursuing her J.D. She began her legal career in the banking industry, focusing on financial crime investigations including money laundering, terrorist financing, fraud, bribery and more. Shircola now joins our Automotive Accident Defense practice as part of the auto-accident fraud team. View Shircola’s biography. 

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Taylor Day Welcomes New Associate Ryan S. Treulieb

Taylor Day Welcomes New Associate Ryan S. Treulieb

Originally from East Meadow, Ryan earned his Bachelor of Arts Degree in Legal Studies at John Jay College of Criminal Justice in New York, New York before obtained his Juris Doctor from Florida Coastal School of Law in 2015. Previously at Fidelity Investments, he obtained the Series 7, 63 and 66 licenses, and gained a strong knowledge base for financial products and the financial market. During his free time, Ryan plays guitar for his local church. He joins us as the newest member of our Florida Workers’ Compensation Defense team. Learn more about Ryan by viewing his biography.  

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Why Choose an ALFA Member Firm?

Why Choose an ALFA Member Firm?

ALFA International is an exclusive global network of independent law firms, who partner together, to provide clients and in-house counsel high quality, cost-effective legal solutions.  Through their partnership, ALFA firms exchange non-privileged legal research, consult on trial and transaction strategies and facilitate the pooling of knowledge and resources to host multi-day, practice-specific educational seminars. Taylor Day not only utilizes the resources available through ALFA International to assist clients with their litigation needs, irrespective of the jurisdiction the litigation arises, but to also educate clients on updated case law relevant and specific to their business practice. ALFA International firms are selected by a rigorous, invitation-only process, then carefully evaluated based on numerous factors, such as: Number and range of practice areas including litigation and trial experience; Quality and diversity of client base; Commitment to client service and diversity; Profiles of practice area leaders and other key lawyers; Reported cases, transactions and other matters; and Awards, recognitions and memberships received or maintained by key lawyers. ALFA International’s memberships are exclusive. Only one law firm represents the ALFA network in each metropolitan area, state, or country. Taylor Day is proud to be the ALFA International representative firm for the Jacksonville area.

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Sexual Orientation and Gender Identity Discrimination

The third article in a three-part series summarizes the current status of the law in each of the federal circuits with respect to whether sexual orientation and gender identity are considered to be protected statuses under Title VII, and also provides a listing of state laws specifically banning sexual orientation or gender identity discrimination. Click to view article. About ALFA International:  ALFA International firms are selected by a rigorous, invitation-only process, then carefully evaluated based on numerous factors, such as: Number and range of practice areas including litigation and trial experience; Quality and diversity of client base; Commitment to client service and diversity; Profiles of practice area leaders and other key lawyers; Reported cases, transactions and other matters; and Awards, recognitions and memberships received or maintained by key lawyers. ALFA International’s memberships are exclusive. Only one law firm represents the ALFA network in each metropolitan area, state, or country.   Taylor Day is proud to be the ALFA International representative firm for the Jacksonville area. Through their partnership, ALFA firms exchange non-privileged legal research, consult on trial and transaction strategies and facilitate the pooling of knowledge and resources to host multi-day, practice-specific educational seminars.  Taylor Day not only utilizes the resources available through ALFA International to assist clients with their litigation needs, irrespective of the jurisdiction the litigation arises, but to also educate clients on updated case law relevant and specific to their business practice. 

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Spotlight: Meet Taylor Day’s Firm Administrator

Managing administrative operations, supervising all non-attorney personnel, overseeing the Firm’s finance functions and supervising the facilities are just part of the daily responsibilities Taylor Day firm administrator, Debora Cates, undertakes. Now in her 12th year with the firm, she discusses her biggest challenges, accomplishments, facing her biggest fears and what’s next for this adventurous administrator.   What’s been the most rewarding thing you’ve accomplished here?  The most rewarding thing, I hope, I have accomplished would be my choices in hiring staff members.  We have the nicest group of people I have ever worked with as well as being professional and hardworking.   What’s been the most challenging part of your job? The most challenging part of my job is trying to keep everyone happy.  I know it is not possible, but it still bothers me when someone is disappointed. You recently returned from a trip to Costa Rica, where you tackled your fear of heights by zip-lining.  What made you decided to try that? I had three reasons: When the opportunity came up to zip-line I decided I wanted to do something brave because I could not think of anything brave that I had done in my life.  The one exception might be having a baby at age 44.   My Dad was in the 101st Airborne Division while stationed at the U.S. Army Base located near Fort Campbell, KY.  I was always so proud of him.  He was the bravest person I know.   I think he would have been proud of me zip-lining […]

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Defending Sexual Harassment Claims

With the recent wave of sexual harassment claims involving high profile public figures, and the extensive social and media coverage of this issue, is it possible any longer for employers and insurers to defend these claims successfully?  “Defending Sexual Harassment Claims,” the second article of a three-part series released by ALFA International and based on course materials from the 2018 ALFA International EPL & Professional Liability Seminar, explores current trends in sexual harassment litigation, the difficulty of “trying your case in the media,” and offers practical advice on dealing with this hot-button issue.   Click to view article. About ALFA International:   ALFA International firms are selected by a rigorous, invitation-only process, then carefully evaluated based on numerous factors, such as: Number and range of practice areas including litigation and trial experience; Quality and diversity of client base; Commitment to client service and diversity; Profiles of practice area leaders and other key lawyers; Reported cases, transactions and other matters; and Awards, recognitions and memberships received or maintained by key lawyers. ALFA International’s memberships are exclusive. Only one law firm represents the ALFA network in each metropolitan area, state, or country.   Taylor Day is proud to be the ALFA International representative firm for the Jacksonville area. Through their partnership, ALFA firms exchange non-privileged legal research, consult on trial and transaction strategies and facilitate the pooling of knowledge and resources to host multi-day, practice-specific educational seminars.  Taylor Day not only utilizes the resources available through ALFA International to assist clients with their litigation needs, irrespective of the jurisdiction the litigation arises, but to also educate […]

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