Florida – Corless Law Group https://corlesslawgroup.com Team CLG Litigates High-Stakes Insurance Disputes and Personal Injury Cases Fri, 07 Jul 2023 18:20:13 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://corlesslawgroup.com/wp-content/uploads/2020/07/favicon-150x150.png Florida – Corless Law Group https://corlesslawgroup.com 32 32 Artificial Intelligence May Help Build Hurricane-Resistant Structures https://corlesslawgroup.com/2023/07/07/artificial-intelligence-may-help-build-hurricane-resistant-structures/ https://corlesslawgroup.com/2023/07/07/artificial-intelligence-may-help-build-hurricane-resistant-structures/#respond Fri, 07 Jul 2023 18:16:50 +0000 https://corlessbarfield.com/?p=5224 Read More...

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How do we make buildings more resilient and weather-proof?  Can we model storm impacts based on artificial intelligence (AI)?  How do we prevent building collapses, especially in Florida where water and winds reduce the integrity of structures?  With so much climate volatility due to global warming, could AI be the secret sauce to help developers and engineers create sounder buildings?  

The National Institute of Standards and Technology (NIST) have devised a new method of simulating storms using AI in an effort to create more adaptable and stronger buildings.  A recent study asserts that the simulations can accurately represent the trajectory and wind speeds of a collection of actual storms. The authors suggest that simulating numerous realistic hurricanes with the new approach can lead to improved guidelines for the design of buildings in hurricane-prone regions.

Scientists using real-life storm data with AI to improve building designs is groundbreaking.  Engineers and forecasters are increasingly reliant on the work that computers can do to streamline their efficiency.  The use of AI is most noteworthy in computer modeling for Florida in hurricane-prone areas.  Determining the level of wind that a building should be designed to withstand can be accomplished using AI.  Rather than attempting to mathematically build a storm from the ground up using bare data points, as current models do, machine-learning algorithms mimic actual hurricane data.  

With enough quality information to study, machine-learning algorithms can construct models based on patterns they uncover within datasets that other methods miss.  Those models can then simulate specific behaviors, such as the wind strength and movement of a hurricane.  Thereafter, developers, builders, and engineers can find the level of wind their proposed structure must handle based on its location and relative importance.

The sophistication of AI has dramatically improved and it continues to improve, and that’s critical to designing sounder, more durable structures.  Wind-resistant design can include things like concrete, steel frames, and impact-resistant glass.  Florida structures must be built stronger to withstand wind and water damage as evidenced by the tragic Surfside condo collapse.  

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Is California, Like Florida, Becoming Uninsurable? https://corlesslawgroup.com/2023/06/07/is-california-like-florida-becoming-uninsurable/ https://corlesslawgroup.com/2023/06/07/is-california-like-florida-becoming-uninsurable/#respond Wed, 07 Jun 2023 12:08:49 +0000 https://corlessbarfield.com/?p=5217 Read More...

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Like a good neighbor, State Farm is there.  But the top home insurance firm in California, as measured in direct premiums written, has stopped accepting new homeowner insurance applications, citing the growing risk from wildfires and the rising cost to rebuild.  The company said it will continue to serve existing customers, as well as offer personal auto insurance.

The property insurance market is going up in flames.  State Farm is the largest property insurance company in the nation. The climate crisis is becoming a financial crisis, especially for Californians and Floridians.  Numerous studies show climate change increases the frequency and severity of extreme weather events, including widespread wildfires and storms that reach major hurricane status of Category 3 or above.  Over the past five years, wildfires have destroyed 25,000 homes in the state; in 2018, the most devastating year on record, Californians filed $11.7 billion in wildfire-related claims. 

State Farm’s decision in California is the latest development in what has been a growing trend in the property insurance industry nationwide, namely, insurance companies dropping homeowners.  Major insurers are backing out of new home policies in California.  Citing rising costs from raging wildfires and skyrocketing repairs, both State Farm and Allstate insurance companies say they are no longer offering home or business property insurance for new customers in California.   

You’re in good hands with Allstate?  Maybe not.  Allstate quietly stopped issuing new policies in California months ago, but didn’t announce the move until last week.  Allstate joined State Farm in deciding to halt sales of property and casualty coverage to new customers in California, saying it’s too pricey to underwrite policies in the state because of natural disasters.  Allstate was the fourth-largest insurer in California, according to the most recent 2021 state data. It earned $4.3 billion in premiums that year and incurred $2.6 billion in losses. 

In Florida, the state continues to investigate insurance companies underpaying policyholders and doctoring reports.  Dozens of property insurance companies in Florida have either entered receivership in the last few years, meaning they don’t have enough funding to pay out claims, or pulled out of Florida altogether and stopped insuring Florida homes. 

What happened in Florida was a harbinger for the rest of the U.S. Florida was a trailblazer, waiting too long to regulate an insurance industry in which companies cut back on homeowner policies and engaged in fraudulent, bad faith practices.  From coast-to-coast, insurance companies plundered profits and shortchanged policyholders.  The homeowner’s insurance crisis in Florida is a regulatory failure.  Had the market been properly regulated by the government and lawmakers, bad faith practices would have been halted.

As the hurricane season starts, the shaky property insurance market continues to plague Florida homeowners.  This is why anytime you experience property damage to your home or business, you should speak with an experienced and knowledgeable property damage trial lawyer.  At Corless Law Group, we make sure the insurance company does not take advantage of your predicament and offer a low settlement or delay and then deny the claim.  

These climate change crises can be curbed and the collapsing home insurance markets can be saved.  The insurance industry must be regulated, and government oversight will contribute to more fairness for all. 

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A Reckoning for Florida’s Insurance Industry https://corlesslawgroup.com/2023/04/13/a-reckoning-for-floridas-insurance-industry/ https://corlesslawgroup.com/2023/04/13/a-reckoning-for-floridas-insurance-industry/#respond Thu, 13 Apr 2023 13:34:34 +0000 https://corlessbarfield.com/?p=5203 Read More...

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Florida Insurers Accused of Altering Hurricane Ian Damage Estimates

The insurance industry in Florida is poised for punishment – be it civil or criminal – as a result of the improper handling of countless Hurricane Ian claims.  Ian caused $115 billion in damage, the second-largest insured loss on record after Hurricane Katrina, according to a report from reinsurer Swiss Re.  Hurricane Ian had the most insurance claims of any hurricane in American History.  What’s more, 4,700 complaints (and counting) have been filed against insurers post-Hurricane Ian.  

What precipitated these complaints?  Some policyholders had their valid property damage claims cut by more than 80%, according to a blistering report by The Washington Post.  These homeowners say that they had received only a small portion of what was covered under their policy.  Other property owners reported seeing altered and manipulated estimates.  In the report, it was uncovered that desk adjusters or supervisors were gutting or rejecting reports of what they saw was credible damage.  There are allegations insurance companies falsely updated claims to reduce payments. 

All of this follows the decision by Governor Ron DeSantis to take away the right of policyholders to recover their attorney’s fees when they are forced to litigate their claims.  This is the case even in claims where the insurance company deliberately withheld benefits, and loses at trial. Florida lawmakers most notably repealed the one-way attorney’s fee provision that has long governed property insurance lawsuits within the state. This provision gave insureds the necessary leverage to fairly engage in disputes with their insurers.

Previously, the insurance company would be held responsible for paying attorney fees if the company wrongfully denied your claim. Under this new law, insurers will no longer be ordered to pay attorney fees even if they improperly denied the claim.

You Need a Property Damage Lawyer to Fight for Your Rights to Coverage

At Corless Law Group we relentlessly fight for the rights of property owners and successfully resolve storm damage insurance claims.  Increased scrutiny and oversight of insurance companies who engage in these duplicitous practices, which harm insurance consumers, is the right path forward.  Insurers who don’t properly handle policyholders’ claims should be slapped with civil or criminal penalties. 

An insurer slashing a valid claim estimate without a factual basis is potential fraud.  Denying, delaying or underpaying a valid claim is bad faith and if the insurance company engaged in this type of prohibited behavior on a consistent basis, it may be grounds for punitive damages and monetary fines.  Additionally, criminal charges could be filed against insurance companies’ officials.

Insurance companies are to blame for the property insurance crisis in Florida due to their failure to expeditiously pay valid claims.  The American Policyholder Association, a nonprofit insurance industry watchdog group, said in a statement that it has found “compelling evidence of what appears to be multiple instances of systematic criminal fraud perpetrated to cheat policyholders out of fair insurance claims.”

It is inappropriate and untenable for Florida lawmakers to continue to protect the insurance industry.  In 2022, Florida Republicans passed laws that insulate property insurers at the expense of homeowners.  If you give insurance companies enough rope, will they hang themselves?  That seems to be the case here as numerous complaints allege that insurance companies or their adjusters doctored claims to underpay property owners who experienced hurricane-related damage. 

Can Insurers Be Held Accountable? 

A bill (SPB 7052) titled “Insurer Accountability” is intended to impose penalties on any insurance companies committing fraud.  It would also prohibit altering insurance adjuster reports.  The bill aims to crack down on fraud and comes with large fine amounts to insurers. 

Accountability is a nice word but does it have teeth?  This bill would increase information-reporting requirements and increase maximum fines for violations by 250% generally and 500% for violations during state emergencies.  Insurance and adjuster licenses can also be suspended or revoked.

For policyholders who experience property damage or property loss stemming from a storm, the nationally recognized litigation law firm of Corless Law Group can assist you in achieving full and fair compensation.  Our clients include individual property owners, business owners, Community Managed Associations, Homeowners Associations, and Licensed Community Association Managers.  We represent residential and commercial property owners throughout the state of Florida.  

It is important to consider how a law firm has handled other cases that are similarly situated to yours, and the type of results their lawyers can deliver.  Corless Law Group has the experience, knowledge, and record-setting results you need to repair or replace damage to your home, business or property.  Call 813-258-4998 for a free consultation.   

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Florida Wind Damage Claims Lawyer https://corlesslawgroup.com/2023/02/06/florida-wind-damage-claims-lawyer/ https://corlesslawgroup.com/2023/02/06/florida-wind-damage-claims-lawyer/#respond Mon, 06 Feb 2023 14:51:10 +0000 https://corlessbarfield.com/?p=5161 Read More...

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Under Florida law, homeowners insurance policies must cover property damage caused by wind.  Yet insurance companies will attempt to delay, deny or underpay valid wind damage claims since they are in the business of making a profit.  As such, an experienced and results-oriented property damage attorney can make all the difference in obtaining compensation for wind damage from your insurance company. 

Our Florida wind damage law firm has successfully litigated and resolved property damage claims related to wind caused by hurricanes, tornadoes, thunderstorms, hail, and heavy rain events.  We are passionate about protecting property owners’ rights as wind may cause significant damage or total destruction, including blown-off roofs, damage from falling trees, water intrusion, broken doors/windows/screens, and other losses.  We work with a team of experts, including professional engineers, roofers, and contractors to ensure properties are repaired correctly and completely.  

An attorney from Corless Law Group can meet with you to discuss your legal options and the details of your wind damage claim, at no cost.  Put our 25+ years of experience to work for you.  To arrange a free consultation regarding your property damage case, call 813-258-4998.

Conveniently located in Tampa, Florida our wind damage law firm represents and counsels policyholder clients throughout the Sunshine State.  If you have suffered damage to your property and are not sure what your policy includes, our wind damage attorney can review your insurance policy and advise you of your next best steps for receiving full and fair compensation. 

Additionally, in cases where an insurance company does not act ethically when investigating and resolving your wind damage claim, we can file a bad faith action and successfully seek punitive damages on your behalf.  

Our Florida wind damage claims law firm knows how to analyze policy language and handle any disputes regarding coverage or exclusions.  When it comes to wind damage claims, acting quickly is vital in order to document the damages and help you get the full amount you need to repair or rebuild your property after a storm. 

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Storm Season ‘22:  What To Do & How Corless Law Group Can Help You https://corlesslawgroup.com/2022/04/06/storm-season-22-what-to-do-how-corless-law-group-can-help-you/ https://corlesslawgroup.com/2022/04/06/storm-season-22-what-to-do-how-corless-law-group-can-help-you/#respond Wed, 06 Apr 2022 16:50:32 +0000 https://corlessbarfield.com/?p=5007 Read More...

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Another monster hurricane season is on tap.  Long-range forecasts show we may face an extreme hurricane season, with as many as 16 to 20 named storms developing and six to eight of those becoming hurricanes.  Of those hurricanes, forecasters believe three to five will strengthen into major hurricanes with top sustained winds of 111 mph or higher.

The 2022 Atlantic hurricane season officially begins on June 1 and ends on Nov. 30 but as I’ve previously written, hurricane season begins and ends when Mother Nature decides.  Meteorologists state that the overall pattern looks pretty similar to last year.  The 2021 season saw four major hurricanes among seven hurricanes out of 21 tropical storms.

Warmer than average seas, which power storms and help fuel the development of tropical storms and hurricanes, along with the absence of an El Nino weather pattern that sends high winds across the southern United States to break up hurricanes are the primary reasons forecasters predict an above-average storm season. 

For policyholders who experience property damage after a storm, success is the only measurement they use to evaluate who’s the best attorney to protect their legal rights, achieve maximum compensation, and pursue justice. Property owners need a hurricane insurance lawyer on their side who has successfully litigated these types of claims throughout Florida.  

It seems logical that if you pay your premiums and have the proper homeowners insurance coverage, and your home suffers storm damage, you would have your claim processed.  But this is usually not the case since insurers are in the business of making money and will try to delay, deny or underpay valid storm damage claims. 

Corless Law Group has secured more than $500 million in case results for residential and commercial property owners across the Sunshine State.  Our trial law firm is determined to help policyholders, including homeowners, business owners, Community Managed Associations, HOAs and Licensed Community Association Managers who have experienced property damage.  We have successfully resolved a vast number of storm damage claims.  There are virtually no other law firms that have the experience, knowledge and record-setting results like Corless Law Group. 

Corless Law Group is acknowledged as a pioneer in the field of storm damage claims, and is the go-to Florida hurricane insurance attorney when other law firms have bad faith cases.  Insurance companies want to make a profit, and occurrences of insurance bad faith happen with regularity. If you believe that you are a victim of insurance bad faith on your homeowner policy or have a dispute with your insurance company surrounding property damage, contact us at 813-258-4998.

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Team CBTG Discovers Insurance Company’s Use of Unlicensed, Inexperienced Claim Adjusters https://corlesslawgroup.com/2020/11/18/team-cbtg-discovers-insurance-companys-use-of-unlicensed-inexperienced-claim-adjusters/ https://corlesslawgroup.com/2020/11/18/team-cbtg-discovers-insurance-companys-use-of-unlicensed-inexperienced-claim-adjusters/#respond Wed, 18 Nov 2020 14:06:40 +0000 http://corlessbarfield.com/?p=4550 Read More...

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Following Hurricane Irma, dozens of Condo Associations on the West Coast of Florida filed claims with their insurers for wind damages to the structures, windows, and doors.  Many insurers stepped up to investigate and pay the claims they owed, rather than delay or deny coverage.  Unfortunately for some insureds, insurance companies used out-of-state claim adjusters with no experience handling named hurricanes and their damage.

In a case styled Sea Island South Condominium IV, Inc. v. Weston Insurance Company, currently set for a jury trial in Pinellas County, Florida, Weston Insurance Company representatives admitted to using adjusters with virtually no experience in handling hurricanes.  On its website, Weston Insurance Company describes itself as being “a focused windstorm specialist.” You would assume an insurer who claims to “specialize” in windstorm events, like hurricanes, would use claim adjusters with at least some degree of hurricane experience. 

Upon receipt of the claim, Weston Insurance Company sent out Patricia Childers a few weeks after the storm.  Ms. Childers testified that before Hurricane Irma, she had never previously adjusted a hurricane loss.  In fact, Ms. Childers was licensed in Michigan but had obtained a temporary, six-month license to adjust losses in Florida.  Unfortunately for insureds, any claim adjuster licensed in one state can apply to Florida for a temporary license, which lasts for only six months, regardless of their experience in dealing with hurricane claims.  Ms. Childers lacked any experience as a general contractor or as an engineer and was instead an experienced workers’ compensation adjuster.

Ms. Childers inspected the property in Clearwater Beach, Florida, in October 2017, and after taking a few photos, she immediately discovered that the loss was well outside her areas of expertise and experience.  “It was beyond my expertise,” she testified, “and I would feel better if my supervisor [Troy Winslow] just took it over.”  After sharing her concerns with Mr. Winslow about her inability to adjust the loss, he decided to take over the file. 

But, for reasons that remain unclear, Weston Insurance Company waited more than seven months until June 2018 before tasking Mr. Winslow to go back to the property to adjust the loss.  Unfortunately for the insured and the insurer, his six month temporary license had expired by the time he went back out.  Spoiler alert:  That’s very bad. 

Under Florida law, no person may be, act as, or advertise or hold himself or herself out to be an insurance adjuster unless the department currently licenses him or her. See Section 626.112(1)(a), Florida Statutes.  Any person who knowingly transacts insurance or otherwise engages in insurance activities in Florida without a license in violation of Florida law commits a felony of the third degree.

This case is set for trial by Ted Corless and Mary Catherine Lamoureux of Team CBTG against Weston Insurance Company for December 14, 2020, in Pinellas County, Florida.  Suppose you are an insured of Weston Insurance Company and had a clam adjusted by Troy Winslow during the timeframe described above. In that case, we’d like to hear from you, as Weston Insurance Company may have been using Mr. Winslow and other unlicensed adjusters in Florida for other claims. Call 813-258-4998 or email us at service@corlessbarfield.com.

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Navigating the Coronavirus: A Message From CBTG https://corlesslawgroup.com/2020/03/16/navigating-the-coronavirus-a-message-from-cbtg/ Mon, 16 Mar 2020 23:10:33 +0000 http://www.corlessbarfield.com/?p=2846 Read More...

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Corless Barfield Trial Group is committed to the safety, security, and well-being of our staff and community.  During the coronavirus pandemic, our goal is to help clients identify solutions and keep people safe.

The World Health Organization (WHO) declared the COVID-19 coronavirus outbreak as a pandemic. This designation signifies that we are in the midst of a global disease outbreak, which occurs when a new virus emerges for which there is little or no immunity in the human population.  Coronavirus can cause serious illness, and spreads easily person-to-person worldwide.

Corless Barfield Trial Group is your Tampa-based law firm that is open and available to address legal matters with our clients nationwide. Our attorneys continue to guide clients through the complex process of property damage, insurance disputes, and personal injury law. If you have questions about court closures, pending legal matters, or new cases, please call us at 813-258-4998.  We have moved to a remote platform and will return your calls in an expeditious manner. 

Our law firm wants to do our part to contain COVID-19’s spread and to implement the federal and state government’s health and safety recommendations. We do this out of concern for the safety and health of our clients and hard-working staff.  

You may also have questions about different areas of law that may be impacted by the coronavirus, including contracts, force majeure clauses, employment law, or workers’ compensation. We invite you to call Corless Barfield at 813-258-4998.  We are here to help clients better understand and prepare for impending legal complications resulting from the COVID-19 pandemic. We have lawyers and support staff ready, willing, and able to answer your questions. 

For the latest health information, visit cdc.gov and who.int. You may also find the following link helpful regarding Florida State Courts: informz.net/FB/data/images/AOSC20-13.pdf

Check back on our website and social media platforms for continual updates as part of Corless Barfield Trial Group’s ongoing coverage about important COVID-19 coronavirus topics and resources.  Our attorneys continue to monitor developments to provide up-to-date advice to our clients.

We deliver outstanding results, and we will continue to do so. Together, we will get through this.

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Major Changes in the Works For Motor Vehicle Insurance in Florida https://corlesslawgroup.com/2017/04/17/major-changes-works-motor-vehicle-insurance-florida/ Mon, 17 Apr 2017 14:18:04 +0000 http://www.corlessbarfield.com/?p=1314 Read More...

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Under Florida’s no-fault system, motorists are required to carry $10,000 in personal injury protection, or PIP, coverage, which is designed to pay medical bills after accidents. But that $10,000 figure could soon increase.

The proposal would eliminate the $10,000 no-fault coverage in 2018 while mandating motorists get at least $25,000 in coverage for bodily injury or death and $50,000 for bodily injury or death of two or more people.

Florida drivers are only required to carry personal injury protection of at least $10,000 to pay for medical benefits after an accident.  But the people pushing for House Bill 1063, i.e., the insurance industry, suggest $10,000 isn’t enough when health care costs are rising.

Abandoning no-fault for bodily injury, which provides coverage if motorists cause accidents that hurt someone else, would put more questions of medical coverage into the courts, as injured parties would seek to recoup expenses from at-fault drivers.

More than 90 percent of motorists have PIP and some form of bodily-injury coverage, which is why most motorists would be projected to see a savings from eliminating no-fault with HB 1063. However, the change could negatively impact health care premiums.

Since 2015, rates have gone up 25.7 percent. Meanwhile, all liability coverage has gone up 23.4 percent the past two years. The increases are due to rises in medical care, costs of vehicle body work, people driving more, and an increase in distracted drivers. How much you save depends on whom you are, how much you drive, and how many cars you insure.

Lawmakers supporting the bill predict the average driver will save about $81 a year for each vehicle they insure, but critics forecast costs will ultimately increase later. The costs would rise higher in Tampa Bay. In Hillsborough County, getting car insurance would cost $308 more on average for those who have the bare minimum now, according to a statewide report commissioned by the state’s Office of Insurance Regulation. In Pinellas, that would become a $385 annual increase. Rates vary depending on a county’s traffic density, percentage of uninsured drivers, and accident rates.

Currently, drivers and passengers get car damages and PIP paid for up to $10,000, no matter who is at fault in an accident. Drivers have to pay an additional cost to insurance companies to pay for bodily injuries, which cover them if they are at fault. The insurance industry is pushing to scrap PIP and instead require all motorists to carry coverage that includes bodily injury if they are at fault.

HB 1063 is now moving through the state legislature, which calls for eliminating Florida’s no-fault insurance plan. Consult a Corless Barfield Trial Group attorney to understand changes to automobile insurance policies and learn about your rights by calling 813-258-4998 if you are involved in a motor vehicle accident.

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Who Is Responsible When Wild Animals Attack? https://corlesslawgroup.com/2017/04/03/responsible-wild-animals-attack/ Mon, 03 Apr 2017 23:51:45 +0000 http://www.corlessbarfield.com/?p=1302 Read More...

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Ocala, Florida is about 100 miles away from Tampa Bay, and it serves as the setting for the latest legal drama involving a wild animal.  On March 13, a venomous 2-foot-long monocle cobra escaped from an Ocala home and is still on the loose. The cobra belongs to Floridian Brian Purdy, who has a venomous reptile license and was allowed to possess the reptile, which is illegal to own as a household pet. The snake had escaped an enclosure when his apprentice was shadowing the snake.

Police say the apprentice opened the cover of the cage and the snake jumped at him and then slid away. When the owner and the apprentice couldn’t find the snake in the concealed room, they called Florida Fish and Wildlife Conservation Commission (FWC).

The yellow cobra is dangerous, leading authorities to warn neighbors. “Residents in the area are urged to use caution until this snake has been captured,” the FWC said in a news release. “Although reclusive by nature, cobras are highly venomous and will strike out if they feel threatened.” If someone were to be bitten by the escaped cobra, they would need to get to the hospital as soon as possible as they should be treated with the appropriate anti-venom medication.

The snake’s owner has been licensed to have the cobra since May 2016. Under Florida law, there are a number of wild animals that anyone can own as long as he or she acquires the proper permit for said animal. The FWC requires the rooms where venomous reptiles are kept to be escape-proof. Investigators will be looking into whether Purdy violated any regulations.

Strictly speaking, Florida courts have extended strict liability to the owner, keeper, or possessor of wild animals if the animal injures others. This means that Purdy cannot escape liability for an injury even if he was being reasonably careful.

The owner of a wild animal can be strictly liable to an individual injured as a result of the animal escaping from its cage, even if the animal escaped without any fault on the owner’s part. This is different from negligence, which typically requires the injured party to demonstrate some degree of fault, e.g., that the owner knew or should have known that the animal could escape. Florida law is an extension of the common law that held owners of dangerous animals should bear the cost of any injury they cause.

Under Florida law the owner of a dangerous animal is responsible for ensuring that the animal does not escape and that it does not cause harm to another person. If someone knowingly keeps a wild animal on their property, then they are likely going to be strictly liable for the harm that it causes.

Please contact a lawyer from Corless Barfield Trial Group. We are experienced in handling personal injury claims, and can serve as an important resource for information if you or someone you know has been injured in an animal attack.

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