Legal Representation for Accident Victims in West Palm Beach
As of 2010, about 22% of the households in West Palm Beach had kids below the age of 18 living in them. The School District of Palm Beach County administers K-12 public education. Kids’ activities in West Palm Beach include the Palm Beach Zoo, Diva Duck Amphibious Tours, Rapids Water Park, the National Croquet Center, the South Florida Science Museum, and airboat rides. Nothing frightens the average parent more than the prospect of harm to his or her child. At Anidjar & Levine, our child injury attorneys can guide families in the West Palm Beach area who are dealing with an accident involving their kids.
Seeking Compensation through a Negligence Claim
In many situations, children are hurt on someone else’s property. Under the attractive nuisance doctrine, a child trespasser may be able to recover compensation for his or her injuries. Liability is imposed when a property owner keeps an artificial condition on his or her property that could attract or entice a child to trespass, such as a swimming pool, hot tub, pile of rocks, or empty refrigerator, and when the child is in fact attracted and injured as a result of exposure to the attractive nuisance. For example, if someone has a huge hole in his backyard fence that he has not repaired, and a five-year-old is attracted by an uncovered hot tub and sneaks through the hole and drowns, the property owner might be liable for wrongful death.
Another common issue in child injury cases is liability waivers. Many parents sign liability waivers so that their children can participate in risky activities. The Florida Legislature allows businesses to require parents to sign liability waivers that waive their rights to sue for injuries to children that are caused by the “inherent risks” in an activity.
A business may still be liable for harm to a child if the business is negligent or the child is injured due to a non-inherent risk, but the waiver does serve as a deterrent to suit and prevents some types of claims to recover compensation for child injuries. For example, if you allow your child to engage in a go-kart race and sign a liability waiver, and another child rams into your child, the business may argue it had no duty to supervise the children to prevent negligent conduct or accidents. On the other hand, if your child is participating in sports at a private school and a poorly constructed wall caves in on your child, you may still be able to sue because that is not an inherent risk.
There are some special concerns with damages to a child. Among other things, in the case of a disabling, catastrophic injury, it may be crucial to retain experienced experts to properly determine the compensation necessary for lifelong services. The expert may have to take into account the child’s life expectancy and figure in certain costs, such as the need for household services, nursing care, medical equipment, and more.
Consult a West Palm Beach Attorney after an Injury to Your Child
Serious or disabling injuries to children can have lifelong consequences and may entail a need for help with basic living. At Anidjar & Levine, our accident lawyers understand the challenges confronted by West Palm Beach families when a child is hurt. We represent victims throughout Palm Beach County, including in Boynton Beach, Wellington, Palm Beach Gardens, and Royal Palm Beach. For a free consultation, call us at 800-747-3733 or contact us via our online form.