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Florida Supreme Court Expands Governemental Tort Liabilty for Swimming Areas
Michael J Roper
PGIT Panel Attorney
Bell, Leeper & Roper, P.A.
In a recent decision, Breaux v. City of Miami Beach, 2005 WL 673649 (Fla. March 24, 2005), the Florida Supreme Court appears to have significantly expanded governmental tort liability associated with the use of public recreational areas. In a classic case of “bad facts making bad law,” the Court held that the City of Miami could be held liable, in tort, for failing to warn of the existence of a naturally occurring condition (i.e. riptides). The majority’s decision was criticized, in dissent, by former Chief Justice Wells as being in conflict with the Court’s longstanding precedent in respect to sovereign immunity. He further cautioned this ruling would have serious adverse consequences for the state, county and municipal beach areas of Florida. An outline of this important decision follows.
Read the entire article . . .
Special Events Require Special Attention
Ann Hansen
Director of Operations
Public Risk Insurance Agency
Special events sponsored by public entities or allowed to be held on public property can present additional and sometimes uninsured exposures. Do you have a written procedure to handle these activities? Special events can cause a multitude of possible exposures. Let’s take an example of a civic group that wants to hold a parade and festival at your local park. Read the entire article . . . |
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Special Report: Preferred Governmental Insurance Trust Certificates of Insurance / Hold Harmless Agreements . . .
This Special Report by Public Risk Underwriters is intended to help members identify potential risks or loss exposures and effectively deal with them through Certificates of Insurance and Hold Harmless Agreements.
There are basically three means of controlling risks: 1) eliminate the risk entirely; 2) transfer the risk; or 3) assume the risk.
To protect your interest in Preferred Governmental Insurance Trust (PGIT), each member must do its part in identifying and managing risks. There is a need to deal effectively with every exposure which can adversely impact the financial strength of the liability program. Read the entire article . . .
Why Have A Hold Harmless Agreement?
George A. Helms III
Public Entity Legal Solutions
The purpose of this article is to point out some recent court decisions which involved governmental entities’ hold harmless agreements.
In Gonzalez v. City of Coral Gables, 871 So.2d 1067 the plaintiff was a fifteen (15) year old high school student who was at a fire station in connection with her participation in the Coral Gables Fire Rescue Explorer program. In order to participate in this program the student was required to submit a hold harmless agreement that was signed by both a parent or a guardian, and the student. Unfortunately, in this particular case the student was injured when she slipped and fell at the fire station Read the entire article . . .
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Certificate of Insurance
Mike Marinan
Director of Safety and Risk Management
Public Risk Underwriters
As risk managers or for those who oversee the insurance programs for public entities, you should be aware of the importance and necessity of obtaining certificates of insurance (COI’s) from various vendors that work on your premises. I wanted to take the opportunity in this article to further stress the importance of this documentation.
There are numerous examples of why you need COI’s. Here are just three examples out of many.
One of PGIT’s clients contracted for the exterior painting of one of their buildings. The over spray from the paint gun inadvertently painted a new Mercedes Benz convertible. A COI was provided but coverage had expired. The entity now owns a new Mercedes. Read the entire article . . .
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Who Am I?
A. Employee
B. Independent Contrator
C. None of the Above
Pam Lester
Senior Underwriter
Public Risk Underwriter
The debate continues in the workers’ compensation arena as employers struggle with the classifications of employee vs. independent contractor. Throw in the increasingly popular ‘leased employee’ and your head really starts to spin. Over the next few months, parks and recreation departments expand programs, public works and maintenance crews struggle to keep up with Mother Nature, and police and fire departments look for innovative ways to keep on top of the pulse of the community. All this can add up to substantial sums of money. Read the entire article . . .
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