Negligent Security – Landlord liable regardless of terms of rental agreement

August 17, 2011

Most of us have rented an apartment at one time or another in our lives. Understandably, the focus of such agreements is upon the length of the lease, the monthly rent amount, and the required security deposit. Often hidden within the “fine print” however, are provisions which attempt to limit or altogether waive the landlord’s […]

Florida Drug Laws Ruled Unconstitutional

July 29, 2011

On July 28,2011, Federal Judge Mary Scriven of the Middle District of Florida ruled, in the case of Shelton v. Florida Department of Corrections, that all Florida state laws prohibiting the sale use and/or possession of illegal drugs per Florida Statute 893 are unconstitutional. Crimes are classified in two basic categories: “general” intent and “specific” […]

Florida’s Dangerous Instrumentality Doctrine and the Graves Amendment (or the “Federal Car Rental Business Relief” Act )

March 21, 2011

As I discussed in an earlier post, motor vehicles have previously been deemed to be a “dangerous instrumentality” by numerous previous rulings of the Florida courts. As as result, I issued the warning that private automobile owners must be particularly careful when entrusting their vehicle to another driver, in that the owner can be held […]