In a significant move to improve boating safety, the Florida Legislature has passed “Lucy’s Law,” a bill named in honor of 17-year-old Luciana “Lucy” Fernandez, who tragically lost her life in a boating accident in 2022.

The legislation, known formally as House Bill 289, received unanimous support in both the House and Senate and now awaits Governor Ron DeSantis’ signature to become law.

Background of the Legislation

Luciana Fernandez was killed during a Labor Day weekend boating trip in 2022 when the vessel she was on struck a channel marker in Biscayne Bay. The crash also left another passenger, 18-year-old Katerina Puig, permanently disabled.

The boat was operated by George Pino, who faces homicide charges and refused a Breathalyzer test at the scene.

Key Provisions of ‘Lucy’s Law’
 

The new legislation introduces several measures aimed at enhancing boating safety:

• Mandatory Boater Education: Individuals who have not been Florida residents for at least five years will be required to complete a certified boater safety course before operating a vessel. This expands upon previous requirements that applied only to those born after January 1, 1988.
• Increased Penalties for Reckless Boating: The law establishes stricter penalties for boating violations. Leaving the scene of a boating accident resulting in death is now classified as a first-degree felony. Accidents causing serious bodily injury can lead to second-degree felony charges, while those causing non-serious injuries may result in third-degree felony charges.
• Boating Under the Influence (BUI): Individuals convicted of BUI who leave the scene without notifying law enforcement could face a minimum of four years in prison.
• Revised Definition of ‘Livery Vessel’: The law updates the definition to include all vessels offered for lease, rent, or hire, whether with or without a captain. This change affects peer-to-peer rentals facilitated through online platforms, requiring operators to comply with safety, insurance, and licensing requirements.

Advocacy and Support
 

Lucy’s parents, Melissa and Andy Fernandez, have been instrumental in advocating for the legislation. Their efforts have been recognized by lawmakers and the community alike. “They’ve turned the unimaginable pain of losing their precious daughter into purpose by advocating for greater safety on the waters that we all love,” said Rep. Vanessa Oliver, one of the bill’s sponsors.

Next Steps
 

Once signed by Governor DeSantis, “Lucy’s Law” will take effect on July 1, 2025. The law represents a significant step toward enhancing safety on Florida’s waterways and serves as a tribute to Luciana Fernandez’s memory.

For more information on boating safety courses and compliance requirements, individuals can visit the Florida Fish and Wildlife Conservation Commission’s website.

If you have questions about Lucy’s Law to enhance boating safety, concerns about injuries sustained in a boating accident, or if you were responsible for a boating accident, contact us right away.

Our free consultation and detailed case review is the best option for getting the proper representation needed to achieve the best possible outcome and results.

EXPERIENCE.  STANDARDS.  RESULTS.

With a combined legal experience of over 50 years in both State and Federal courts, the Tampa Lawyers at Fernandez Law Group are committed to providing quality service to clients while maintaining a high level of respect, integrity, and appreciation for each individuals’ legal needs.  If you have questions about Lucy’s Law and how it affects your rights, we’re here to help.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.

Our Criminal Defense Lawyers fight to protect the rights of our clients and have successfully litigated to reduce thousands of sentences and fines.

We offer free initial consultations with detailed case reviews.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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NEWSLETTER: LUCY’S LAW TO ENHANCE BOATING SAFETY IS PASSED BY FLORIDA LEGISLATURE – 5/8/25

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Changes to Florida’s tort laws in recent years have made it more difficult for the party at fault in an accident to successfully sue for crash-related injuries.

However, it would be wrong to assume you have no legal remedies or potential for an injury settlement unless you talk with a personal injury lawyer specializing in car accidents – especially if your injuries were serious enough to require hospitalization or time off work.

While the new comparative fault law certainly creates legal challenges, rarely are matters of personal injury entirely black-and-white.

According to studies by The Center for Internet and Society at Stanford Law School, the vast majority of Florida car accidents are caused by human error.

Common causes include inattention, speeding, failure to yield, intoxication, and more.

Many people view car accidents as situations where one person was at fault in an accident, and another was hurt because of it.  Sometimes that’s true, however, in many car accidents, more than one person can be the cause of the crash or the severity of injuries.

Some examples include situations where one driver may have been speeding, but the other wasn’t paying attention.  Or if a driver ran a red light, but the other wasn’t wearing a seat belt.

The question for insurers (and possibly the courts) then becomes, “To what extent is each person at fault in an accident – for the crash and resulting injuries?”

As Tampa Car Accident Lawyers, we often find many cases where the answers aren’t obvious.  Our injury attorneys are experienced enough to know what evidence is needed to make a compelling case to show that someone is still entitled to compensation, even for people who know they made some missteps.

Florida is a no-fault state when it comes to car accidents. If someone’s injuries aren’t major, damages will likely be covered by their own auto insurance through personal injury protection (PIP) and health insurance.

However, if the injuries are substantial enough to meet the serious injury threshold, as outlined in F.S. 627.737, accident victims can go beyond the no-fault system and file a claim for damages against the other at-fault driver.

A driver who is “at fault in an accident” is one who failed to exercise the reasonable care they should have when they assumed the privilege of driving. This is called negligence.

When a plaintiff (person who is filing the claim for monetary damages for a car accident) is partly at-fault, this is called “contributory negligence.”

Previously, Florida had a system of pure comparative fault. Under this system, you could be 99% at-fault and still succeed in suing the other driver for their 1% of fault (though in that case, you would only collect 1% of your total losses, so that wouldn’t be an ideal outcome).

Now, Florida follows a modified comparative fault system with a 51% bar. What that means is you can still successfully sue another driver who is at fault in an accident for financial damages, so long as your percentage of the blame doesn’t exceed half. So if you were partly at-fault in an accident, the most you could share fault and still collect would be 50%.

But who decides the difference between 48% fault and 52% fault? Either insurance companies or the courts – and it’s often not a clear line. This is why having a skilled Tampa car accident lawyer as an advocate is so essential. We help our clients craft a strong argument advocating for them to collect the compensation they deserve.

If you aren’t sure whether you have a case or who was more at-fault in an accident, there’s nothing to lose in reaching out to a personal injury attorney.  Our Florida injury attorneys offer free initial consultations with detailed case reviews. 

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements, even in situations where people thought they were at fault in an accident.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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A class-action lawsuit was filed on behalf of sex crime victims on cruise ships on Tuesday, October 15th against Royal Caribbean and one of its former employees, room attendant Arvin Mirasol.

Mirasol admitted to installing cameras and recording passengers, including children, during previous cruises dating back to December 2023.  

At least 23 sex crime victims on cruise ships have been notified by police that they were recorded on a Royal Caribbean cruise, and they’ve hired lawyers.

The complaint defines the class as passengers aboard Symphony of the Seas between Dec. 1, 2023, and Feb. 26, 2024, who stayed in cabins serviced by Mirasol.

The lawsuit comes less than two months after Mirasol was sentenced in Fort Lauderdale federal court to 30 years in prison on a charge of producing child pornography.

Two additional Miami law firms say they expect to file civil lawsuits against the cruise company.  The lawsuits could reveal the number of sex crime victims on cruise ships is far greater than initially identified.  As more victims are discovered, it is likely that several more lawsuits may be brought against Royal Caribbean in the coming months.

Mirasol still faces charges in Florida state court of up to 15 counts of “video voyeurism.” A hearing in Broward Circuit Court set for Oct. 15 was canceled and has not yet been rescheduled.

In his plea agreement, Mirasol admitted he had been placing cameras in guest room bathrooms “since he started working on Symphony of the Seas around December 2023.”

That means he could have worked on 12 different cruises before the one where he was caught.  At this time, it is unknown how many people were sex crime victims on cruise ships Mirasol was working on.

This year, at least 16 crew members from several cruise giants have returned to South Florida ports on their ships only to get hauled away in handcuffs, according to Jim Walker, co-founder of the firm Walker & O’Neil Maritime Lawyers.  Almost all were charged with possession or transport of child pornography, a federal crime.

This comes as law enforcement agents are trying to slow the spread of images across the dark corners of the internet.

If you or someone you know may have become sex crime victims on cruise ships, it is important to speak with a lawyer right away.

Remember that every personal injury case is unique, and success depends on the specific circumstances surrounding the incident. Consulting with a qualified personal injury attorney is advisable to assess the strengths and weaknesses of your case and navigate the legal process effectively.

Our Personal Injury Lawyers work aggressively seeking compensation for damages and have recovered millions of dollars in settlements.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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Back in March of 2023, as a result of Florida HB 837, the personal injury statute of limitations for claims based on the theory of negligence was changed from 4 years to 2 years.

As a result, beginning in 2024, the statute of limitations for any personal injury claims based on that theory of negligence is now just 2 years. 

Any accident that occurred after March 24, 2023 would be subject to this new 2-year statute of limitations.

Failing to file a claim within 2 years of the date of an accident or injury will prevent accident victims from receiving compensation.

Although most personal injury claims are based on the theory of negligence, some are not.

Negligence occurs when an individual, company, or other party acts or fails to act in a way that breaches the expected standard of care for the situation, causing damages.

Claims may also be based on strict liability, as we typically see in product liability claims, and they can also be based on whether or not there was intentional misconduct.

EXCEPTIONS TO THE NEW PERSONAL INJURY STATUTE OF LIMITATIONS:

A personal injury statute of limitations countdown may be put on hold for several reasons, including:

• If the case was affected by the rule of discovery, which often occurs in cases when a victim did not know they were injured right away.
• If the injured individual was a minor at the time of the accident.
• If the injured individual was incapacitated at the time of the accident.
• If the allegedly at-fault party left the state after the accident and before a claim could be filed.
• If the allegedly at-fault party took steps to prevent the claim from being filed by concealing themselves in some way.

If you are unsure whether your case qualifies under the new personal injury statute of limitations or under an exception, we encourage you to talk with one of our experienced injury lawyers right away. 

We can provide legal counsel relevant to whatever injury situation someone is in. We also help accident victims determine if they can recover compensation, discuss their options and potential outcomes with our free detailed case evaluation and consultation.

Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers work aggressively when seeking compensation for injuries and damages and have recovered millions of dollars in settlements for hundreds of clients all over Florida.

This law firm has established a solid reputation for earning the proper compensation our clients deserve, no matter how hard the fight.

Not all personal injury attorneys have our commitment to achieving full justice for their clients, nor do they have our trial experience and proven skills. We are committed to providing exceptional representation. – View our recent Feedback & Reviews

If you or a loved one has been seriously injured, do not try to handle a claim on your own or risk using an inexperienced lawyer.  

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

NEWSLETTER: 8/8/24 – Florida personal injury statute of limitations is different in 2024

The key change to Florida’s personal injury statute of limitations came on March 24, 2023, when the deadline to file a lawsuit for negligence-based personal injury claims was reduced from four years to two years.

Key Changes:

1. Shorter Deadline:

   • Previously: Four years from the date of injury.
   • Now: Two years from the date of injury.

2. Applies to Negligence-Based Claims:

   • This includes car accidents, slip-and-fall cases, and other personal injury claims based on negligence.

3. Not Retroactive:

   • If your injury occurred before March 24, 2023, you still have four years to file.
   • If your injury occurred on or after March 24, 2023, you only have two years to file.

4. Exceptions Still Apply:

   • Minors & Incapacitated Individuals – The statute may be tolled (paused) in some cases.
   • Discovery Rule – If an injury wasn’t immediately apparent, the time limit may begin when it was discovered.

This change was part of Florida’s HB 837 Tort Reform, which aimed to limit lawsuits and reduce insurance costs. If you think this change affects you, it’s best to consult with a personal injury attorney to ensure you meet the filing deadline.

Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers are ready to assist anyone with questions or concerns regarding the recent personal injury statute of limitations changes in Florida.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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Florida lawmakers modified the no-fault auto insurance law to cover school bus injuries under parents’ auto insurance back in 1997.

The goal of the modification was to provide a way for school kids injured in school bus accidents to have some of their medical bills covered by their parents’ auto insurance carrier.

Since then, there have been conflicting court decisions when insurance companies sue schools and districts for PIP claims reimbursement.

On July 3, 2024, the 4th District Court of Appeals ruled that school districts retain sovereign immunity from such suits, conflicting with a 2019 2nd District Court of Appeals decision.

The Florida Supreme Court will likely have to resolve this issue.

The 4th District got it right, said Robert Hauser, attorney for the Florida School Board’s Insurance Trust.  Hauser argued that the law intended to shift costs from schools to insurers. The unclear language of the law creates a necessity to obtain clarification by the court or legislature.

“Everyone knows why the 1997 law was written,” he said Monday. “It was to shift costs away from schools and to insurance companies.”

“That exclusion meant that injuries sustained on a bus by a public school pupil were subject to the Florida tort system rather than the No-Fault system, which was perceived to be more quick and efficient,” and “The goal of the legislative tweak was to shift payments for most injuries on school buses away from the school district’s liability insurance under the tort system and instead to parents’ private PIP insurance,” Hauser wrote.

Fernandez Law Group’s team of Award Winning Tampa Personal Injury Lawyers work aggressively when seeking compensation for injuries and damages and have recovered millions of dollars in settlements for hundreds of clients all over Florida.

Can insurance companies sue schools?

In Florida, insurance companies sue schools.  However, the context and specifics that determine whether or not they are legally able to depend on various factors. Here are some key points to consider:

1. Insurance Claims: If a school has an insurance policy, the insurance company may pay for damages resulting from a lawsuit against the school (e.g., for negligence) and might seek reimbursement from the school if they believe the school is liable.
2. Subrogation: Insurance companies often have the right to pursue subrogation, which means they can step into the shoes of the insured (in this case, the school) to recover costs paid for claims. This could happen if the school was negligent and the insurance company believes it should not have to cover the loss.
3. Liability Claims: Schools can be held liable for certain incidents, such as injuries that occur on school property. If the school is sued and the insurance company pays the claim, they may then choose to take action against the school depending on the policy terms and circumstances.
4. Sovereign Immunity: Florida has laws regarding sovereign immunity, which can limit lawsuits against public entities, including public schools. This means that claims against schools may be subject to caps on damages or may require specific procedures to pursue.
5. Private Schools: Different rules may apply to private schools, as they may not enjoy the same protections as public schools.

In summary, while insurance companies sue schools in Florida, the specifics depend on the nature of the claim, the type of school (public vs. private), and the insurance policy terms.

NEWSLETTER: 7/24/24 – Can insurance companies sue schools for PIP claim reimbursements?

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FOR IMMEDIATE RELEASE

TAMPA, DECEMBER 6th, 2023 — In a landmark decision earlier this year, a Tampa jury granted a substantial trampoline park injury settlement of $680,656 to an injured minor after a four-day jury trial. The verdict was handed down against Summit Adventure Park Spring Hill, a now-defunct trampoline park, marking a significant victory for the plaintiff. Of the total award, over $500,000 was allocated for pain and suffering damages.

The case revolved around an unfortunate incident involving an 11-year-old boy who sustained injuries on an attraction called the “Wipeout Arm” at Summit Adventure Park Spring Hill. The minor’s legal representation, led by attorneys Francisco J. Viñas and Jarrett L. DeLuca of Viñas & DeLuca, PLLC, along with Frank Fernandez of Fernandez Law Group, argued that the Defendant negligently operated the attraction.

The crux of their argument was that the Wipeout Arm spun at an unsafe speed and lacked proper supervision. In addition, they also argued about the facility being understaffed. The young plaintiff suffered a comminuted spiral fracture of his femur and necessitating surgery after being struck by the Wipeout Arm’s rotating beam.

The jury emphatically rejected the Defendant’s claims of non-negligence, asserting that such injuries were not inherent risks of playing at trampoline parks. The legal team presented compelling evidence during the trial, including surveillance footage and witness accounts, illustrating an attraction left unattended and accelerating to an unsafe speed.

By comparing this evidence with instructional materials from Summit Adventure Park Spring Hill, the legal team successfully demonstrated negligence, highlighting deviations from recommended speed, supervision, and operation protocols for the Wipeout Arm.

The final recovery in this Tampa trampoline park injury settlement, totaling $687,972.91 after adjustments for medical bill payments and litigation expenses, underscores the severity of the incident and the significance of the jury’s decision. For more detailed insights and information about this case, please visit https://thefernandezlawgroup.com or https://www.vdlegal.com.

About Viñas & DeLuca, PLLC:

Viñas & DeLuca, PLLC is a prominent law firm specializing in personal injury cases, ensuring justice and compensation for those who have been wrongfully injured. With a commitment to client advocacy, the firm has a proven track record of successful litigation in complex personal injury matters, once again evidenced with this recent Tampa trampoline park injury settlement.

https://www.vdlegal.com

About Fernandez Law Group:

Fernandez Law Group is dedicated to providing top-tier legal representation, with a focus on personal injury, wrongful death, and insurance disputes. Led by experienced attorneys, the firm is committed to securing justice and fair compensation for its clients, once again evidenced with this recent Tampa trampoline park injury settlement.

https://thefernandezlawgroup.com

Media Contact:

Gastón F. Fernandez
Business Office Manager
Fernandez Law Group
506 N. Armenia Ave.
Tampa, FL 33609
813-489-3222
info@thefernandezlawgroup.com

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

Trampoline park injury settlements ARE POSSIBLE

If someone is injured at a trampoline park, trampoline park injury settlements are a possible outcome for their injuries under certain conditions. Here are some key points to consider:

1. Negligence: To pursue a trampoline park injury settlement, the injured party typically must demonstrate that the trampoline park was negligent. This could involve inadequate safety measures, poorly maintained equipment, or insufficient staff training.
2. Liability Waivers: Many trampoline parks require participants to sign liability waivers. While these waivers can limit legal claims, they may not always be enforceable, especially if negligence can be proven.
3. Types of Injuries: Common injuries at trampoline parks can include fractures, sprains, or concussions. The severity of the injury can impact the potential trampoline park injury settlement amount.
4. Insurance Claims: Trampoline parks usually carry liability insurance. Trampoline park injury settlements may involve negotiations with the park’s insurance company to cover medical expenses, lost wages, and pain and suffering.
5. Legal Representation: Consulting with a personal injury attorney can help navigate the complexities of the case and improve the chances of receiving a fair settlement.
6. Documentation: Gathering evidence, such as medical records, witness statements, and photos of the incident, can strengthen the case for a settlement.
7. State Laws: Laws regarding personal injury claims can vary by state, so it’s important to be aware of local regulations that may affect the case.

While trampoline park injury settlements are possible, the specifics depend on the circumstances of the injury, the park’s policies, and applicable laws.

CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.

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