During the investigation, an independent panel of engineers determined that ignoring the cracks in the bridge amounted to professional misconduct. This alone would be enough for an attorney to hold the companies liable for the 15 lives that were lost due to their negligence.

Corporate Personhood and Criminal Charges

Corporate personhood is a concept that allows an entity like a corporation to separate itself from those who run it and those who own or fund it. In terms of civil lawsuits, this protects the individual investors and decision makers of the corporation from personally paying out in the case of liability. For instance, none of the individual engineers or decision makers a FIGG Bridge Group or Munilla Construction Management will pay a dime to those injured or the families of those killed. That money will come directly out of the corporation’s coffers. In other words, the individuals are not held responsible for those deaths, the corporation is.

Criminal charges, however, are a much different matter. Criminal charges are directed at individuals, not corporations. Individuals can be held liable for crimes like manslaughter, but under what circumstances?

The Meeting

According to the Miami Herald, the morning before the bridge collapsed, those involved with its construction held a meeting. At this point, no one knows what conversations took place at the meeting, whether or not the pictures were discussed, and who, if anyone, thought the information worth sharing with the Florida Department of Transportation. The details of that meeting could hold significant clues as to what was going on in the minds of those involved with the bridge’s construction.

Though the Herald has asked that the details of that meeting be released to the public, thus far the Florida DoT has refused to comply with the request. The question is why? Are they attempting to build a criminal case against one or more bad actors who may have kept information about the cracks from the government? Or are they simply shielding a special interest group from civil liability? The details of that meeting could lay such claims to rest.

What’s clear is that, with the knowledge of the cracks in the bridge, the companies involved with its construction should have contacted the Florida Department of Transportation and closed off both the bridge and the street lying underneath.

It remains to be seen, however, whether or not Florida will either pursue those charges or even allow such charged to be pursued.

Alan Goldfarb Represents Victims of the FIU Bridge Collapse and their Families

Miami personal injury attorney, Alan Goldfarb is currently representing victims of the FIU bridge collapse and their families. He can also represent you in your personal injury case. Give us a call or talk to us online, and we can provide you with a free case evaluation.

Resources:

miamiherald.com/news/politics-government/state-politics/article215833630.html

miamiherald.com/news/local/community/miami-dade/article216442965.html

Business Relations and Fracking

According to NPR News, a recent incident turned threats against fracking companies into a reality. Florida regulators issued a cease and desist order, a written demand requiring the recipient to stop engaging in the activity it specifies. Here, Florida regulators, backed by Florida’s Department of Environmental Protection, ordered an oil company to stop the work. When the company proceeded to finish the project, it paid $25,000 in fines and installed groundwater monitors, presumably as a precautionary measure.

Many oil companies that are subjected to fines simply foot the bill and continue drilling, with the fines minute in comparison to the return on the oil. A ban not only disallows fracking entirely, but will likely have an impact on local businesses, farmers, and smaller companies. New York is already feeling the hit from the recently implemented fracking ban, and local individuals and entities that benefited from fracking believe they have been “denied the opportunity to develop their mineral resources.” Landowners often lease their land to aid fracking projects, and receive a return for making the land available. Citing operational costs, property taxes, and other expenses, many New York farmers hoped to pay these costs by money they earned from leasing their land.

Proponents of fracking challenge the environmental groups that allege fracking causes harm to the environment. The Natural Resources Defense Council cites allegations of contaminated water, air pollution, and landscape devastation as some of the negatives associated with fracking. Anti-fracking groups campaign for alternative oil extraction techniques, more comprehensive ecological studies regarding the safety of fracking to air and water supply, and outright bans on the practice.

Miami, Florida Business Litigation Attorneys

Fracking has and will continue to be the center of debate for many oil companies, including those operating in Florida. These bans affect not only the oil companies, but the individuals and businesses that are both positively and adversely affected by fracking practices near their land. Our experienced Florida commercial and business litigation attorneys at Alan Goldfarb P.A. understand how policies and laws can affect how efficiently you can run your business. With significant experience in complex commercial and business litigation, we are committed to negotiating with involved parties to ensure that your business retains its purpose and functionality. If your business is facing concerns in light of the possible fracking ban, or if you have any business tensions that are affecting your ability to grow, contact us to learn more about your legal rights.