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Miami Child Injury Lawyer
Almost nothing can be more upsetting for a parent than when their child is injured. Children often do not understand or appreciate risks and dangers as well as adults do, and therefore they are injured more frequently. Injuries commonly happen to children as a result of car accidents, school bus accidents, pedestrian accidents, harmful environments or equipment at playgrounds or schools, defective or dangerous toys, and due to inadequate care or supervision during supposedly supervised activities. Your legal rights to recovery can vary depending on the type of accident, who was at fault, and the extensiveness of the injuries your child suffered. Consequently, it is important for you to consult with a child injury attorney to help determine your rights and recover for your child's injuries.
Injuries at Day Care Centers, Camps, and SchoolsWhen parents enroll their children in camps, daycares, or other supervised programs, they should expect that their child will be properly cared for and attended to in a safe and well-maintained environment. Furthermore, all licensed day care and educational facilities in Florida must follow state laws and ordinances and be up to code. Sadly, this is not always the case, and many children are injured due to negligence, neglect, or abuse in daycares and schools.
When children are not adequately supervised, they can easily hurt themselves in a variety of situations. For instance, most school and daycare facilities include a playground or some sort of play equipment. If the play equipment or surfaces are not well-maintained and not up to Florida standards, children are at a much higher risk of injury. Combine those risks with inadequate supervision while playing and the incidence of injury, commonly from falls, greatly increases. Playground accidents are only one of many causes of injuries that occur at day care centers, camps, and schools.
Even though your child's injury may happen while they are under someone else's care and supervision, daycares and schools are not held automatically liable for every injury suffered on their premises. Liability depends on the specific circumstances of your case, such as whether you signed a pre-injury liability release. The Florida Supreme Court has held that pre-injury releases may sometimes be set aside, but only in certain situations. Since a finding of liability is not necessarily guaranteed, you should always contact a child injury lawyer to help you navigate the complicated Florida laws and make sure you get reimbursed. Our attorneys are experienced in proving the elements required to show negligence on the part of the facility and its employees, and help you hold them responsible for your child's injuries.
Dangerous Products for ChildrenSimilarly, when parents buy products that are purportedly safe for use by children, they should expect that the products will actually be safe. However, even though companies do not intend to make and sell dangerous products, products regularly have defects in design and manufacture and cause injury as a result. Defective products are especially dangerous for children who do not always recognize the risk of harm. Types of defective products that commonly cause harm to children include:
- Defective Cribs
- Defective car seats or restraints
- Defective toys, games, or sporting equipment
- Defective playground equipment or backyard swing sets
- Defective strollers
The list could go on and on, because children regularly suffer injuries from a wide variety of products.
Under Florida law, there are two different possible standards for a defective products case: negligence and strict liability. Each standard requires that you show different elements in order to hold the company liable under the law. The attorneys at Gerson & Schwartz, PA have extensive experience in all types of products liability claims arising from injury due to a product defect. We can identify which standard applies to your case and will work to prove the necessary elements for your to recover for your child's injury.
Contact a Child Injury Attorney to Discuss Your CaseIf your child has been injured, you are likely worried about your child's physical recovery as well as your own financial recovery, and you probably have many questions regarding how to proceed with a claim. The child injury attorneys at Gerson & Schwartz, PA have been AV rated for more than 35 years, and have extensive experience handling these types of claims. We are dedicated to helping you get justice for your child's injuries and we work on a contingency basis, meaning we do not get paid until you do. Do not hesitate to call us today for a free consultation at (877) 475-2905. Also feel free to contact us via email, and you can expect to receive a response within the next 24 hours.
