ABSTRACT

Civil cases often result from one party damaging the other party, or violating an agreement, or other injustice which the court can remedy through awarding of money or related damages. Shifting gears, another area of potential civil liability that often enters the domain of the safety professional is that of contracts. As criminal laws are designed to protect society and can remove freedom from the offender, civil laws are designed to correct unfairness between parties and correct injustices resulting in money or related non-criminal damages. "Florida's Workers' Compensation Law, codified in chapter 440, Florida Statutes, protects workers and compensates them for injuries in the workplace, without examination of fault in the causation of the injury." In the Tinoco case, a Florida court determined that, under factual circumstances similar to the instant case, the plaintiff failed to prove the establishment of the intentional tort exception.