Farah & Farah E-Newsletter: April 2013
In This Issue
Legislature is in session: Watch Out
Florida Legislature is back in session and special interest groups with their lobbyists are trying to push through a number of restrictions on the rights of people injured in Florida. Here are some of the proposed laws:
- If you are involved in a Medical Mal Practice case the Florida Legislature wants to give defense lawyers the right to violate your patient confidentiality by allowing lawyers to have a private conversation with your healthcare providers that are not involved in the lawsuit. For instance, your treating physician. This can be conducted without your presence or your attorney’s presence. This gives defense lawyers the ability to pry into your personal medical history outside the legal discovery process. There will be no one to protect your interest by objecting to the disclosure of medical information no matter how irrelevant it is to the lawsuit or how personal, sensitive, or embarrassing the information may be to you, the injured patient.
- Another proposed law provides that manufacturers, sellers, and suppliers of qualified portable consumer fuel containers, like propane tanks, are not liable for injuries, death or loss subject to specified actions and are not responsible to others for misuse of qualified portable consumer fuel containers. Basically this potentially gives these suppliers of these fuel containers a free ride and no accountability when it comes to injuries or death arising from the use of a fuel container.
- Lastly, this proposed law states that certain architects, interior designers, landscape architects, engineers and surveyors may not be held individually liable for negligence in the performance of their professional services. This law would give the above mentioned professionals immunity for any lawsuit against them personally. You could sue the company directly, but many times these companies are corporations which have no assets, and if the company does not have any insurance you will be without recourse to recoup your losses.
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Millions of recalled cars were sold without needed repairs
A survey was just completed that reported in 2012 just over 2 million unrepaired vehicles were offered for sale online. This number only includes online sites, so the actual number is probably much higher. If you are in the process of purchasing a used car and you want to determine if that vehicle has been recalled or if the vehicle has been recalled, but the repairs not made, log on to https://www.carfax.com/recall, which is a free resource about recalls and auto safety. Some states are beginning to pass legislation requiring that sellers make the repairs to recalled vehicles before selling them. California is in the process of applying such law, however we are not aware of anything similar to this in Florida.
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The federal trade commission says that 1 in 20 credit reports have errors
Millions of American consumers have mistakes on their credit report that probably will increase their interest rates on loans or cause them to pay more for insurance according to the Federal Trade Commission. The Trade Commission is encouraging everyone to check the three leading credit reporting agencies, which are Experian, Equifax and TransUnion, in order to catch any kind of mistakes. You need to review your credit reports regularly because false information can also lead to you paying more for insurance. Some Employers look at credit reports as criteria on whether or not to hire you.
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