Children on Property

Children are often especially vulnerable when it comes to dangerous property conditions, which is why those in control of the area must take certain precautions to protect them. If your child has been hurt due to someone else’s carelessness, the premises liabilitys at the Law Offices of Robert Dixon can help you assert the right to compensation. Our Miami attorneys are dedicated to helping individuals recovering from accidents throughout Broward, Miami-Dade, and Palm Beach Counties. We will devote our energies to holding accountable any people or entities responsible for your child’s injuries.

Certain conditions are extremely dangerous to children, and serious injuries can result if an owner does not take proper care of its property. Among the most dangerous areas, especially in South Florida, are swimming pools. The Centers of Disease Control cites drowning and near-drowning accidents as the leading causes of injuries to children. About 5,000 minors are hospitalized as a result of these incidents each year, and one-fifth of them suffer from permanent impairment as a result. Unsecured pools or other defects can result in significant injuries to a child, including brain or spinal cord trauma.

Other conditions that can harm a child include insufficient fencing, inadequate supervision, broken stairs, or other hazards. Property owners owe varying levels of care to all visitors to their premises, but young people are often owed a higher degree of care.

In Florida, people and companies are required to maintain their property in a reasonably safe manner. Depending on the purpose of each individual’s visit, differing levels of care are owed. An invitee, or someone entering for business purposes, is owed the highest level of care. Social guests, or licensees, are owed a slightly lesser duty of care, while adult trespassers generally are not owed any duty. If a child has been injured by a dangerous condition on someone’s property, however, he or she may be able to receive compensation whether or not he or she was trespassing. To prevail on a premises liability claim, the victim must prove that:

• The property owner owed the child a duty of care;
• The owner fell short of the required standard by acting carelessly;
• This breach caused the child’s injuries; and
• Actual damages stemmed from the accident.

For instance, if your child was hurt after tripping over a broken step in a restaurant, you could try to show the restaurant knew or should have known the step was broken and failed to take proper measures to fix it or warn about it. Other parties may also be held liable for an accident. For example, if your child was harmed due to a defective device, you may be able to hold the manufacturer responsible in a product liability claim.

Under the “attractive nuisance” doctrine, moreover, property owners have a specific duty of care to children, whether or not they are legally on the premises. Special care must be taken to protect them from conditions that are likely to have particular allure for them. These include swimming pools, trampolines, and other situations where a potentially hazardous area could be appealing to a child who does not have the experience or maturity to recognize its risks.

If your child has been hurt on someone else’s property near Miami, you may be able to receive compensation in the form of medical costs as well as pain and suffering. In the devastating event that the accident was fatal, you may consider filing a wrongful death claim. The compassionate slip and fall attorneys at the Law Offices of Robert Dixon can help you pursue those responsible for your child’s injuries. The team have the knowledge and dedication to make sure the rights of victims are protected throughout the legal process. Please call 877.499.4878 or contact us online for a free, no-obligation consultation.