The arrival of the new presidential administration has caused uncertainty for immigrants living in this country and proposed changes to US immigration law. It has also added ambiguity to the legal status of the Dreamers, 750,000 immigrants who received work permits and temporary residency under the Obama administration's Deferred Action for Childhood Arrivals program, which commenced in 2012.
Under Florida law, when a person is injured by an unreasonably dangerous product, the manufacturer may be held liable in a civil lawsuit. When a defective product causes a consumer death, the victim's family can pursue a wrongful death action. In both scenarios the manufacturer is held responsible for the injury or death under a body of state and federal law known as products liability.
Florida is home to many Cuban-Americans. Many members of Florida's Cuban community were no doubt dismayed by a recent shift in U.S. immigration policy. For 22 years, U.S. policy allowed Cuban immigrants who made it to U.S. soil to stay and become legal residents, even though they arrived without visas. This month, President Obama announced that the so-called "wet foot, dry foot" policy was terminated, effective immediately.
Learning that a relative has been taken into detention by U.S. Immigration and Customs Enforcement (ICE) can be alarming. When the family is unable to find out where their loved one is being held, their alarm can turn into desperation and fear. With the incoming administration promising little mercy in the enforcement of U.S. immigration law, many Florida families may find themselves in this harrowing situation.
Under Florida law, when a person's negligence or wrongful conduct causes another person's death, the decedent's personal representative may pursue a wrongful death lawsuit for the benefit of the decedent's estate and certain surviving relatives. Each of the decedent's survivors can recover damages for loss of the decedent's support and services from the date of the injury to the date of death, and future support -- reduced to present value -- from the date of death forward.
Many undocumented immigrants in Florida live in fear that a brush with the law may lead to deportation. Unfortunately, their fear is justified. For those with prior convictions, even a minor offense like a traffic violation can lead to incarceration in a detention center and the initiation of deportation proceedings.