Bad Day for Trial Lawyers in the House

Two losses for the trial lawyers in the Florida House.

This morning, the House overwhelmingly voted in favor of measures to limit fees for lawyers working on behalf of the state outside the Attorney Generals office. House members on both sides invoked the tobacco lawsuit which brought the state $13 billion of which $3 billion ended up in attorney fees. Democrats, led by Rep. Perry Thurston, D-Plantation, argued that the proposal tied the hands of future attorney generals.

The House voted to cap attorney fees 71-40.

The House also passed slip and fall legislation by a 108-2 vote. This measure sponsored by Rep. Gary Aubuchon, R-Cape Coral, moves the burden of proof in cases where someone slips and falls at a business in tort cases involving injuries.

An amendment offered by Rep. Adam Fetterman, D-Port St. Lucie, to preserve evidence for a year failed. So did another amendment offered by Rep. Audrey Gibson, D-Jacksonville, for business to record written records of slip and fall incidents for 30 days.

The flash drive I have on my keys can hold five or six copies of the Encyclopedia Britannica and 16 to 24 hours of video, Fetterman said. Where is the burden to business?

The cost of defending frivolous slip and fall lawsuits in Florida have risen considerably when compared to other states and the reason is when we moved the burden of proof to the defendants, Aubuhcon said.

The Senate Judiciary Committee tackles slip and fall legislation this afternoon.