Duties & Liabilities to Children in Premises Liability Cases

Duties & Liabilities to Children in Premises Liability Cases A landowner holds different duties of care when it comes to individuals coming onto his or her property, and this duty can vary depending on the classification for the individual. One special classification involves children. The duties and liabilities the property owner holds are greater for minors than the average adult entrant onto the property. Liability in Children Versus Adults When it comes to premises liability cases, children receive a greater standard of care than adults. Many times, the degree of care that is given to the children depends on that child’s age and the ability that the child has to foresee certain perils before him or her. The younger the child, the higher the level of care. In addition, the way the child entered the property can also affect the duty and liability of the landowner; for example, if the child was an invitee, licensee, or a trespasser. Trespassing Child Generally, if there is a child trespassing onto a landowner’s property, the liability depends on a number of factors, including: The failure of the landowner to take reasonable care against what is known as foreseeable conduct of the child; and Balancing social policy of allowing the landowner to be able to use his or her own property in a way against general concern for the welfare of children. If an adult is trespassing onto the property they are typically held responsible for his or her own injuries, but if that trespasser is a child, it is assumed that the child does not have the knowledge and ability to process...

Florida Child Wrongful Death Accidents on Swing Sets

Playground and swing set injuries account for account for over 200,000 serious child injuries a year. This number doesn’t represent the minor injuries, such as scrapes, bruises, and broken arms, only those that require calling an ambulance and assistance of the emergency department. Therefore, the actual number of child injuries from swing sets is far higher. According to statistics from the Center for Diseases Control (CDC), in addition to these grave injuries, children die each year while at play on swing sets, with 147 deaths in a 10-year period. These deaths are tragic for the family and the local community, and parents can be left feeling helpless after the wrongful death of their child. Florida’s wrongful death action and rights afforded a minor’s family provide a proactive way to find closure for the loss. How Are Children Killed and Seriously Injured on Playgrounds? In Florida, deaths on park playground and personal swing sets are reported each year. These Florida child wrongful death accidents mostly result from strangulation and falling. Only in a very rare instance is a child seriously hurt or killed by impact with playground equipment. Children in Florida are far more likely to sustain injuries on public playgrounds, such as those located at a local park or school. The CDC found that 75% of swing set injuries occurred on public equipment. But the inverse is true when it comes to death. Across the United States, nearly 70% of all child deaths on playgrounds occur on private property. However, children are also fatally injured on playgrounds at childcare facilities, daycares, and schools. In fact, a leading cause of...

Child Drowns in Septic Tank Near Jacksonville, Florida… Who is to Blame?

On October 22, 2017, a child’s body was found in an underground septic tank at Bruce Park in Jacksonville, Florida. A day earlier, three-year-old Amari Harley went missing from a family birthday party in the park, and it’s believed that the child fell into the underground tank and drowned. Such accidental death of a child is a tragedy for the family and raises several questions regarding liability, responsibility, and blame for a child wrongful death in Florida. Negligence Involved in Amari Harley’s Death While certainly an accident, certain evidence around Amari Harley’s death indicates that it was preventable. In January of 2017, a Jacksonville resident filed a complaint with the city that the septic tank where Amari was drowned was uncovered. The City of Jacksonville took action at that time, but within a month of those repairs had to re-secure the same septic tank cover after it failed a routine inspection. In September, the septic tank and the heavy, rubber covering that enclosed the tank passed inspection, but just days before Amari’s death a man claims he nearly fell into the uncovered septic tank and planned to file a complaint. The same resident says the only covering for the underground septic tank at the time of Amari Harley’s death was made of a lightweight plastic. After these earlier complaints, the City of Jacksonville, which owns Bruce Park, appeared to take limited action and provided mediocre solutions to an ongoing problem with this underground septic tank. In the wake of Amari’s death, these solutions seem inadequate and even negligent. So, is the City of Jacksonville to blame for the child’s...

Lawsuit Filed After Wrongful Death of a Young Boy at a Rotating Restaurant

The tragic death of a child can leave parents feeling helpless with grief or, alternatively, incredibly angry. Often, legal action provides a means to direct these intense emotions into effective action. Every wrongful death attorney understands that these claims do not come close to filling the void left by a loved one, but they do provide a means for surviving parents to become more than victims. Such is the case for the family of five-year-old Charlie Holt, who died in a rotating restaurant in Atlanta. What Happened to Charlie Holt? On April 14, 2017, Charlie and his parents, Rebecca and Michael were dining at the Westin Plaza’s rotating restaurant. The family was on vacation from Charlotte, North Carolina, and were enjoying a dinner out at the Sun Dial restaurant when catastrophe struck. According to the police report of the incident, Charlie wandered away from his parents during dinner. Unsupervised, Charlie somehow trapped his head between two tables, where it was crushed as the interior of the restaurant rotated. The family disagrees with the facts of this report, and in their recent lawsuit claim that throughout the meal the family utilized a walkway between tables to go to and from the bathroom. On the tragic occasion that Charlie was trapped, there was stationary wall too close to one of the moving booths. Charlie was unable to see the wall from his lower vantage point and was unable to escape the approaching wall before his skull was crushed between the two. Following these events, the Westin shut down the Sun Dial restaurant for an extensive period of time, but it was...

The Legal Rights of a Family Member Following a Child Death at Day Care

It is every parent’s worst nightmare to receive news that a child was seriously injured or killed, and the death of any baby, toddler, or young adult is undoubtedly tragic. However, on August 17, 2017, the family of a three-year-old in Orlando received news of their son’s death by a particularly heartbreaking cause. The young child was locked inside a day care center’s van for a number of hours and during the debilitating heat of summer in central Florida. When staff located the child hours later, it was too late, and Myles Hill was pronounced dead by paramedics who responded at the scene. Sadly, Myles wasn’t the only three-year-old to die in a day care’s hot van in Florida this year. Later in August in Pensacola, a three-year-old girl was found inside a day care’s van and rushed to the hospital after hours locked in the heat. After these devastating incidents, it is common for family members to feel like helpless victims, but doesn’t have to be the response. Legal recourse after a child death at daycare is not only available but also handled by some of the top personal injury lawyers in Florida. Who Is Responsible? The first question a Florida personal injury lawyer will consider after the death of a child at day care or other third-party care provider is who was responsible for the care of the child when the death occurred. Typically, it is more than one person or entity that made commitments to care for the child in the parents’ absence, and often, these individuals and entities are the parties legally responsible for the...

Children Injury Lawyers: Long Term Effects of a Torn A.C.L Injury

My son Nory loves to play soccer. Every day he practices and plays at his high school, on the weekends at a park in Coconut Grove- and much to the dismay of his mother- throughout our house. At times he seems to have a soccer ball attached to his foot. But as a father and a lawyer who focuses on representing injured children; I worry about him getting hurt while playing. According to the Centers for Disease Control (CDC), fall injuries are the most common types of children’s injuries in our country. Fall down accidents and injuries occur when a child slips and falls or trips and falls and sustains a serious injury. Every day over 8,000 children aged 0-19 are treated for fall down injuries in U.S. emergency rooms- this translates to nearly 3 million children a year. As children’s injury lawyers in Miami, we believe that most fall down injuries can be prevented- and parents, teachers, coaches, and supervisors have a key role in protecting children and avoiding injuries.   Common Injuries From “Fall Down” Accidents The most common children’s injury from a fall down accident is a torn anterior cruciate ligament or A.C.L. These injuries can especially occur when kids are playing soccer either at organized games and practices at schools or just pick up games at the local park. An A.C.L. injury is debilitating and requires an orthopedic surgeon to evaluate and often operate to repair them. If surgery is required, these kids will miss a considerable amount of time from school and the rest of the season. In fact, a paper, soon to be...
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