Welcome to The Tort Report, a periodic e-newsletter published for the clients and friends of Dellecker, Wilson, King, McKenna & Ruffier, LLP. Please feel free to forward this information to others who also may find it useful.

ON THE WATERFRONT IN CENTRAL FLORIDA:

Practicing Watercraft Safety

Central Florida is an ideal place to enjoy watercraft activities. The region boasts more than 2,700 large lakes and close proximity to the St. Johns River that stretches 310 miles south to Indian River County and north to Duval County. However, watercraft enthusiasts beware. Hundreds of lives are lost each year and thousands are injured because of preventable recreational boating accidents in the U.S., according to the U.S. Coast Guard. The dangers range from propeller strikes and carbon monoxide poisoning to carelessness and recklessness, operator inattention, inexperience and excessive speed.

Consider that propeller blades on most recreational watercraft when running at 3,200 rpm can inflict 160 impacts a second and travel the length of an average person in less than one-tenth of a second. Propeller accidents can be prevented by wearing engine cut-off switch lanyards and life jackets at all times and assigning a passenger to watch the propeller area when people are in the water.

Carbon monoxide on houseboats and other recreational watercraft injures or kills countless boaters each year. Common sources include main and auxiliary engines, generators, cooking ranges and water heaters. Running a boat's engines, generators or other fueled devices for extended periods of time when docked or alongside another boat can allow dangerous levels of carbon monoxide to accumulate. Safety precautions include installing carbon monoxide detectors, keeping forward-facing hatches open so that fresh air can circulate and never confusing carbon monoxide poisoning with seasickness or intoxication.

Also, never overload a boat beyond its capacity (both passengers and cargo), and always balance the load - both fore and aft and side to side - to maintain proper trim. Fasten stowed gear to prevent shifting, and keep passengers seated in small boats; especially flat bottom boats, jon-boats and canoes commonly used by hunters and anglers. These vessels tend to be unstable and capsize easily; accounting for 70 percent of boating fatalities.

The legal obligations for operating watercraft are as important as the rules of the road for driving. They include minimum safety equipment requirements and following navigation rules to avoid collisions on the open water.

Boating safety is no accident. Know the navigation rules, be a courteous boater and take a safe boating course. Information on local boating courses is available from the U.S. Coast Guard by calling toll-free 800-368-5647.

Sources: U.S. Coast Guard, U.S. Department of the Interior.

LEGAL NEWS

Florida's 2008 legislative session is gearing up for another clash over medical malpractice. At issue is Senate Bill 1420, sponsored by Dennis L. Jones (R-Seminole), which would require hospitals and other health care facilities to ensure that staff doctors and those who have been granted clinical privileges are in compliance with financial responsibility requirements.

Currently, Florida doctors are not required to carry medical malpractice insurance. Instead, they can maintain an escrow account or letter of credit for a minimum of $250,000 or simply do nothing at all. Under SB 1420, if a doctor chooses to "go bare" and is sued, the hospital or health care facility where the doctor worked would be responsible for the judgment up to $250,000.

Supporters of the bill include the Florida Justice Association (FJA). "Physicians need to be financially responsible and accountable to patients," said FJA Deputy Executive Director Debra Henley. Hospitals are in a better position than patients to make doctors comply with the state financial responsibility laws, according to Henley. Opponents argue that the bill would unfairly put the burden of enforcement on hospitals to ensure that physicians have liability insurance and drive specialists such as neurosurgeons and obstetricians out of state.

Lawmakers also are expected to tackle property insurance once more when the 2008 Legislative session begins on March 4. Many of the state's insurance customers are still waiting for the rate relief promised during last year's special session.

FIRM NEWS

• DWKM&R enters the blogosphere. Social media. Citizen journalists. It's a big Web 2.0 world out there and DWKM&R is taking the leap. Beginning this month, look for personal injury and other legal news at http://www.dwklaw.com/blog. We hope you'll bookmark our blog or subscribe to the RSS feed and - most importantly -send us your comments. We look forward to sharing these conversations with you.

• Sam King and Ken McKenna recently served as a faculty presenters for a seminar on "Plaintiff's Personal Injury: Practice Tips and Application." Their topics included handling wrongful death and survival claims with compassion and skill, effective techniques for getting the critical information you need from depositions, weighing the pros and cons of structured settlements in regard to the client's situation and understanding subrogation interests and the joint Tortfeasor release.

• Ken McKenna has been elected vice chair of the board of directors of the Ronald McDonald House Charities of Central Florida, Inc. He joined the board in 2006. The Ronald McDonald House is a not-for-profit organization that provides a "home-away-from-home" for families with children receiving medical treatment at local hospitals in Orlando.