Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Walter Latimer, left, and Bruno Renda, right, Shareholders with Fowler White Burnett. Walter Latimer, left, and Bruno Renda, right, Shareholders with Fowler White Burnett.

Florida plaintiffs are pressing for the extinction of vicarious liability against employers for their employees’ negligence. The plaintiffs are not trying to give employers a free pass. They seek to impose additional liability upon them for their employees’ conduct and present prejudicial evidence to the jury. When they sue, some plaintiffs are skipping claims for vicarious liability altogether. Instead, they opt for claims for direct negligence, such as for negligent hiring, training, retention, supervision and entrustment. Their goal is to open up discovery on the employers’ operational details, hoping to weave a web of “institutional wrongdoing.” Even if immaterial to the actual accident, this can lead to “reptile”-style narratives, causing juries to render verdicts out of fear for their safety.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

Click here to access the Public Notices and the Courts sections of the The Daily Business Review in PDF format.
Already have an account?


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.