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When negligent oversights lead to your child suffering a preventable injury
One of the worst things that can happen to any parent is for their child to be hurt or injured. We all know that certain injuries are a regular part of childhood and growing up. However, when your child’s injury is the result of another person’s negligence there are laws in place to protect them. When another person violates the rights of a child, resulting in serious injury, you as their parent become your child’s first defender and advocate. Accidents involving children happen, more often than we would like, especially since children take risks without thinking twice about fear of injury.
Common child injuries occur from falls on playgrounds, defective or dangerous toys, school bus accidents, car accidents, and inadequate care or supervision. The ability to recover damages depends on the type of accident, how severe the injuries are, and who was to blame.
According to Florida law, a child who has been injured has a legal right to be compensated for the damages sustained due to the negligence or intentional wrongdoing of another.
The most common child injuries are oftentimes the result of:
In certain cases, damages can be awarded for pain and suffering as well as long term medical expenses, and more.
Injuries occurring at school, daycare, or summer camp are more common than most people think. Parents assume that their child will be taken care of when placing them in the care of another person or group of people at a camp, daycare, or other supervised program.
Under Florida law, licensed daycare and educational facilities must follow all state laws and local ordinances, including remaining up to code. Unfortunately, accidents happen, especially if children are not properly supervised by the adults in charge.
Liability depends on the specific situation that led to the accident. The legal concept of in loco parentis comes into play. The term in loco parentis, Latin for “in the place of a parent” refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent.
Under the doctrine of, in loco parentis, if a child is injured while under adult supervision, these temporary supervisors or parental substitutes can be held liable for the injury if they have neglected their duty for making sure the child is safe. In loco parentis usually includes teachers, babysitters, daycare workers, and camp counselors.
When a child is injured due to an adult’s negligence, two different legal actions can be pursued. The first action is on behalf of the child, while the second one is on behalf of the parents who are financially responsible for the child. Damages under these actions can include:
If the child’s injury results in a disability or disfigurement, proving anticipated medical expenses becomes important, as well, especially if the child will need the use of assistive devices or special educational needs in the future. Future lost income can be received on behalf of the parent taking care of the child if the child’s injuries force the parent to leave his or her job in order to take care of the child full-time due to the injuries or resulting disability.
Florida is well-known for its theme parks, so it should come as no surprise that these parks are a common place for child injuries. These injuries can come from the defect in the park rides themselves, as well as the negligence of the ride operators or park employees. Proving damages from an amusement park injury can be complicated, and they often involve going up against a large corporation, which is why it is important to have a strong legal advocate on your side.
When your child is seriously injured, you need an experienced attorney to help pursue the compensation your child deserves. At Delgado Trial Attorneys, we have substantial experience in a wide range of personal injury cases. We have spent more than a half century fighting for the rights of the injured in every type of accident imaginable. When you hire Delgado Trial Attorneys, we guarantee to fight for your rights and your affected loved ones to the maximum extent allowed under the law, including the maximum amount of compensation you are entitled to by the at fault party(s). Call us today at (305) 596-7911 for a free consultation and speak with an experienced Miami child injury attorney. Virtual sign-ups available.
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