Weather has been a big topic of discussion in Florida in recent years. As the world gets hotter and hurricanes become more prevalent, Florida is one of the states most affected by those changes.
One of the many effects changing weather has in the state is on personal injury claims. Heat and storms, in particular, can affect both the litigant and the defendant in some Florida personal injury claims.
Effects of Heat on Florida Personal Injury Claims
Florida doesn’t have any meaningful protections for employees who work in high heat. The county of Miami-Dade recently intended to create heat-related protections for workers, but the state legislature passed a bill (HB 433) that prevents the county from implementing those protections.
According to HB 433, political subdivisions are prohibited from implementing employee protection guidelines that differ from the state’s. The result is that workers have no meaningful state-level protections. However, this doesn’t mean they have no protections at all.
Federal guidelines require employers to create a safe environment for their employees. Forcing employees to work in extreme heat without any type of hydration or breaks creates an unsafe work environment. An employee injured due to these working conditions could file a lawsuit against the employer.
Most injured employees would likely file federal lawsuits instead of Florida personal injury claims because federal laws provide better protections in these situations.
Premises Liability Claims
Employment-related lawsuits aren’t the only type of Florida personal injury claims where high heat may be an issue. It could also be a factor in premises liability claims.
Public accommodations are held to standards similar to those of employers. If you’re visiting a public accommodation (like a store or a theme park), the owner of the property is required to ensure that your visit is safe. A property that doesn’t have measures in place to combat high heat could violate those standards.
For example, if you were to visit Disney World on a particularly hot and humid day, the park should provide heat warnings to you and other guests. Furthermore, to protect itself from liability, it should have:
- Plenty of working water fountains
- Shaded areas open to the public
- Medical staff ready to deal with heat emergencies
- Shaded line-up areas when possible
As a theme park that’s been operating for decades, Disney World is aware of these standards and provides exceptional protection against heat to its patrons. However, similar businesses might not. If you suffered heat stroke or exhaustion because a business didn’t appropriately protect you, you could be eligible to file a claim.
Effects of Major Storms on Florida Personal Injury Claims
The success of personal injury claims depends on whether the plaintiffs can prove that the defendant was negligent. To prove negligence, a litigant needs to demonstrate four elements:
- The defendant had a duty to protect the welfare of the plaintiff
- The defendant ignored that duty
- That action (or inaction) resulted in the harm the plaintiff suffered
- The plaintiff suffered harm that has meaningful financial value
Severe weather like hurricanes won’t typically affect the final point. However, it can be evidence as to the remaining elements of negligence. That’s because anticipating and responding to storms involves a duty of care, just like other actions.
How a Major Storm Could Benefit a Litigant
Typically, hurricanes and tropical storms are predicted well in advance of them making landfall in Florida. This means that residents and visitors should be aware that they’re coming and take appropriate caution.
For example, if you’re renting a home in Florida and the owner knows it’s located in a flood zone, they should warn you before a storm hits.
If they don’t give you an appropriate warning and you’re hurt due to flooding, you could sue the homeowner. Their awareness of the storm represents a duty to protect your welfare that they ignored.
Similarly, it’s dangerous to drive during a major storm. If a motorist chooses to drive despite the danger and crashes into a home, seriously injuring the occupants, they’re responsible for the harm they caused. They should have been aware of the risk and avoided driving.
How a Major Storm Could Benefit a Defendant
While major storms are usually predictable, the weather is a fickle thing. Occasionally, a major storm comes seemingly out of nowhere, creating dangerous conditions before anyone could reasonably be aware of them. Flash flooding or high winds can potentially occur in minutes.
If you were driving a car and a massive storm suddenly arose from out of nowhere, you might not have time to get off the road before you were involved in an accident. In a case like this, you could use the “act of god” defense (also known as “force majeure”) against a lawsuit.
To qualify for a force majeure defense, you need to show three things.
First, you must argue that the event was unforeseeable. Imagine you were watching the news all day, and the weather reports showed the storm staying over the ocean and missing Florida. You might reasonably assume that it was safe to drive and wouldn’t have any way to foresee that the storm would suddenly sweep inland.
The second element you must establish is that there was no human intervention. That part is easy enough, as humans don’t affect the weather.
Finally, you need to show that the act of god was directly responsible for the harm caused. If the storm came out of nowhere and you lost control almost immediately, you have a strong defense. Conversely, if you continued to drive, hoping it would pass, your actions contributed significantly to the harm, and you wouldn’t have a defense.
Contact Schrier Law Group for Personal Injury Representation in Florida
If you or a loved one have been seriously hurt due to another party’s negligence, you may be eligible to pursue compensation for the harm you’ve suffered. Weather events don’t absolve others of their responsibility to act safely, and they may even help support your claim.
Contact our firm today to discuss your case and your legal options during a free consultation.
