Children on Property
Under Florida premises liability law, those who own businesses, homes, offices, or other types of property may be held legally responsible for injuries to those who enter onto the premises in many situations. Some of the most serious accidents involve children, who may be less able than adults to identify and avoid potential risks in unfamiliar territory. This area of the law takes their natural susceptibility into account, allowing property owners to be held liable in many circumstances when their carelessness harms kids. If your child has been hurt in a slip and fall, the experienced Pembroke Pines premises liability lawyers at Cohn & Smith can vigorously assert your rights.Seeking Compensation for Injuries to a Child
As with most other personal injury cases, premises liability claims usually have four basic requirements. First, the plaintiff must show that the defendant owed the victim a duty of care. The defendant also must have breached the duty that was owed to the victim, there must have been a link of causation between the defendant’s breach of duty and the accident, and actual damages must have arisen. Common forms of damages include past medical expenses, future medical care that is reasonably anticipated and necessary, lost earnings and loss of future earning capacity, pain and suffering, and emotional distress. As these examples show, compensation may be both economic, or objective, as well as non-economic, or relatively subjective.
Generally speaking, a slip and fall victim’s ability to assert the right to damages from a property owner depends on whether they were legally on the premises. Property owners owe the highest duty of care to people who are on their premises for business reasons, and a slightly lesser duty to social guests. Adult trespassers are owed only a minimal duty of care. However, this is often not the case for accidents involving child trespassers.
Because of their limited life experiences, children are not always held to the same standards as adults when it comes to issues such as their presence on property. After all, an adult might have the wisdom to see a dangerous condition and avoid an accident, while a child may discover an attraction like a swimming pool in a neighbor’s yard and not even consider that the situation could result in serious harm. Florida premises liability law takes this into account in providing for a heightened standard of care with respect to child trespassers in comparison to adults. This includes a requirement that property owners must take reasonable steps to prevent harm to children who might be foreseeably expected to enter their premises. For example, people who own swimming pools may need to cover them if they live in a neighborhood with young kids.Discuss Your Premises Liability Case with a Pembroke Pines Lawyer
If your child has been involved in a serious accident on someone else’s property, you should seek legal advice concerning the possibility of bringing a claim against the responsible party. The Pembroke Pines premises liability attorneys at Cohn & Smith are here to help. We represent people throughout South Florida, including in Fort Lauderdale, Hollywood, Davie, Coral Springs, Aventura, Weston, Sunrise, and cities throughout North Dade County. For a free appointment with our slip and fall lawyers, call us at (954) 431-8100 or contact us online.