Nondelegable Duty Doctrine

The recent Fourth District Court of Appeal decision, Publix Super Markets, Inc. v. Safonte, 49 Fla.L.Weekly D1337a (Fla. 4thDCA 2024), discussed what is known as the nondelegable duty doctrine: A business establishment owes a non-delegable duty to an invitee “to maintain the premises in a safe condition.” Pembroke Lakes Mall Ltd. v. McGruder, 137 So. 3d 418, 431 (Fla. 4th DCA 2014). “[A] breach of [this] duty is a form of direct liability, in which a business owner may be liable to the plaintiff for negligently failing to take reasonable efforts to maintain the premises in a safe condition.” Id. Thus, a business establishment...

29 August

0 Comments

Sticky

Establishing Punitive Damages Against a Corporation

Posted by David Adelstein

in Appeal, Standard of Review

“In Florida, there are two methods for establishing a claim for punitive damages against a corporation: ‘(1) vicarious liability based on the willful and malicious actions of an employee with a finding of independent negligent conduct by the corporation; or (2) direct liability based on the willful and malicious actions of managing agents of the corporation.’" Wells Fargo Bank, N.A. v. Electronic Funds Transfer Corp., 46 Fla.L.Weekly D1824e (Fla. 5th DCA 2021) In Wells Fargo Bank, a defendant bank was being sued for punitive damages. At the conclusion of the evidence, the defendant bank moved for a directed verdict as to the...

30 May

0 Comments

Sticky

Vicarious Liability and the Going and Coming Rule

Posted by David Adelstein

in Trial Perspectives

When is an employer vicariously liable to a third-party for the conduct of its employees? “In Florida, an employer is vicariously liable for an employee's tortious conduct where the conduct occurs within the scope of the employment.” An employee's “[c]onduct is within the scope of employment if it occurs substantially within authorized time and space limits, and it is activated at least in part by a purpose to serve the master.” Indoneisia Peterson v. Cisco Systems, Inc., 46 Fla.L.Weekly D1248a (Fla. 2d DCA 2021) (internal citations omitted). Is an employer liable for conduct of its employees driving to and from work? The answer...

20 February

0 Comments

Sticky

The Nonparty Fabre Defendant

Posted by David Adelstein

in Burden of Proof, Trial Perspectives

I want to discuss the concept of a “Fabre defendant.” This is an important concept in negligence cases, particularly personal injury and property damage cases. “A ‘Fabre defendant’ is a nonparty defendant whom a party defendant asserts is wholly of partially responsible for the negligence alleged [by the plaintiff].” Salazar v. Helicopter Structural & Maintenance, Inc., 986 So.2d 620, n.1 (Fla.2d DCA 2007). As further explained in Florida Statute s. 768.81(3): (3) Apportionment of damages.--In a negligence action, the court shall enter judgment against each party liable on the basis of such party's percentage of fault and not on the basis of the...