Children are especially vulnerable to unexpected accidents because they have not yet developed the experience, skills, and caution levels of adults. An innocent childhood adventure can suddenly turn into a catastrophic injury. Because children are smaller and more fragile than adults, they are more susceptible to severe injuries and even death. An unforeseen injury to or death of a child can completely cripple a family. Though children, especially young ones under the age of 10, are at a high risk for injuries, Florida law permits the parents of the child victim to seek damages for the child’s injuries because Florida does not hold young children accountable for their actions.
Child injuries are especially devastating because they bring pain to the entire family, are commonly associated with debilitating disabilities or disfigurement, and involve a rocky and agonizing road to recovery. If your child was injured due to the carelessness of another, you may have legal recourse under Florida law for your child’s injuries. Kaiser Romanello has served the South Florida community for a combined 25 years, providing a boutique personal injury law firm experience to victims of negligence. We understand how important your family is to you, and we vow to provide you with a compassionate and personalized approach to representation while aggressively pursuing your negligence claims. We represent clients in Miami-Dade, Broward, and Palm Beach Counties, as well as throughout the state of Florida. To schedule a free initial consultation with our personal injury lawyers, call Kaiser Romanello today at 855.200.1000.
PLAYGROUND ACCIDENTS
Each year, over 200,000 children are injured while playing on playgrounds. While many of these injuries are minor, some result in serious injuries and death. While children should not be left unattended at playgrounds, many accidents cannot be prevented with even the most watchful supervision possible. Often times, playground equipment breaks or is inherently dangerous. The owner or caretaker of the park, including the city, may be responsible for accidents that occur at the playground. In addition, the manufacturer or installer of the playground equipment may be liable for defective equipment.
ATTRACTIVE NUISANCES
While property owners are generally not responsible for accidents that occur on their land when someone trespasses, a property owner may be liable for a child’s injuries if an attractive nuisance caused the accident. Children are natural explorers. They often roam on other people’s property in search of fun and adventure. If a property owner has an irresistible yet dangerous item on the land that draws children to the property, the owner may be in possession of an attractive nuisance. The attractive nuisance doctrine enlists property owners with a special duty of care towards children who trespass onto the land because children are unable to fully understand the risks associated with their actions. The property owner is responsible for preventing foreseeable harm to children. If the property owner breaches this special duty to children, the owner may be liable for injuries that occur on the property. Common attractive nuisances include pools, tunnels, dogs, trails, equipment, abandoned and dilapidated buildings, toys and playgrounds, wells, and more.
DAYCARE AND SCHOOL INJURIES
Children are often times left in the care and supervision of daycares, schools, summer camps, and after-school programs. The supervisors of these programs have a special duty of care towards children to watch over them and prevent them from foreseeable harm. Florida law requires ‘adequate supervision.’ What is ‘adequate’ depends on the exact circumstances. However, teachers, camp counselors, and babysitters must take appropriate care to provide a safe environment for children and watch the children diligently in order to make sure the children are playing in a safe manner. Only foreseeable harm can become the basis for a lawsuit. In addition, the duty of care for school involves two types of accidents: those caused directly by the negligence of the teacher, such as dropping the child, and those caused by poor supervision, such as the child falling from the monkey bars.
DOG AND CAT ATTACKS
The majority of domestic animal attacks involve children. Children are naturally curious and do not understand the dangers of poorly trained animals. If an owner’s dog or cat bites, scratches or otherwise attacks a child, the owner will be strictly liable under Florida law if the animal was unprovoked. It does not matter if the animal had no history of viciousness. In addition, even if the dog owner displays a “Bad Dog” sign on the property, the owner will be responsible for injuries that befall a child aged 6 or younger if the child trespasses on the property.
WATER-RELATED ACCIDENTS
Florida is surrounded by water on three sides, and as such, many parents teach their children how to swim at an early age. Despite lessons and practice, children oftentimes fall victim to water-related accidents, including drowning and boating accidents. If a child slips and falls on a wet pool deck, the operator of the pool may be responsible for failing to adequately supervise the child, provide proper signage, and/or dry the pool deck. If a child drowns while swimming in a lake at summer camp, the camp may be liable for breaching its duty of care to the child. If a tour boat is speeding and a child is thrown overboard, the tour boat company may be accountable for injuries sustained by the child.
SCHEDULE A FREE CONSULTATION WITH SOUTH FLORIDA’S CHILD INJURY LAWYERS
Unfortunately, accidents do happen. When your child has been injured in an accident, you need to seek the immediate assistance of a skilled and knowledgeable child injury lawyer. At Kaiser Romanello, we will use our 25 years of combined experience to zealously advocate on behalf of your child. To schedule a free consultation with our child injury attorneys, contact Kaiser Romanello today.
