November 2013

2021 Midwest Road, Suite 200, Oak Brook, IL 60523

Month: November 2013

Recently, the legislative session kicked off. It's been off to a slow start but let's see what's on the menu for now relating to the areas of business law and state regulatory law:

HB-1 touches on a beefy issue, genetically modified foods. This will set in place labeling requirements for sellers of genetically modified foods. The bill refers to consumers having a right to know.

HB-11 is a proposed law that will slowly eliminate taxes on commercial rental properties. Good news for business owners who rent their space if it passes.

HB-31 is a proposed dental law that may effect some practitioners. It's a fairly comprehensive bill but, as a whole, it seems beneficial for practitioners as it will increase reimbursement and decrease what restrictions insurance companies may place on contracted practitioners.

HB-49 is a favorite of mine. It calls for the revival of Florida Springs to preserve our ecosystem and promote ecotourism. Those who have had the opportunity to visit one of Florida's springs may want to contact their representative and tell them to support this bill.

Check back for more updates as the session progresses. There will be updates on some of the bills listed and descriptions of other bills filed. ...
As many have heard, a new law was signed prohibiting texting and driving. It makes the use of a mobile device to text or access social media a secondary offense (i.e., it cannot be punished along and is only punishable alongside a primary offense such as speeding).

The law may have greater ramifications than punishing people who use mobile devices while driving because of the doctrine of negligence per se. Negligence per se is a doctrine of tort law, the effect of which is that where a law or regulation that exists to prohibits an action to prevent a harm, a duty is created on the one who caused a harm that is sought to be prevented by the law or regulation. In short, the very existence of the law creates a duty to others which effectively removes the plaintiff's burden to prove duty as an element of negligence.

The following is an example relevant to many businesses. A plumbing company sends a team to address a leaky pipe at a customer's house. During the trip, the driver is texting while driving and, not paying attention to the road, injures a pedestrian. Prior to the passage of the law, the injured driver would have to prove that the driver had a duty to not drive in the manner that caused the pedestrian to be hit. Now that the law is in affect, the driver now has such a duty by statute. This is one less element that needs ...