Injuries / Death to Children Florida
The loss of a family member due to an accident causes great pain, and turmoil as well as unimaginable loss within a family. In most situations, parents expect to outlive their children. Therefore, the death of a child causes pain that is simply immeasurable. Often, the suddenness of the loss leaves the decedents family feeling powerless, and with many questions unanswered.
While hiring an attorney in the immediate aftermath of a tragic death may seem relatively unimportant in the face of such a severe loss; hiring the right lawyer is a critical decision that will dramatically affect the lives of the surviving family members.
For example, the personal representative of the decedent’s estate maintains the wrongful death action for the benefit of the survivors. Additionally, the statute of limitations for filing a wrongful death claim in Florida is two years from the date of the death. Our knowledgeable attorney’s will navigate through all applicable legalities and ensure that all claims are properly protected.
Our professional staff and experienced attorney are here to help you.
INJURIES TO CHILDREN
In Florida, a child under six is conclusively presumed to be incapable of committing contributory negligence. This means that even if a child under six is partly at fault for the injuries he or she sustained, that child will not be held responsible.
The highly experienced attorneys and staff at Sharpe P.A. always provide a compassionate, professional environment where our clients know that we are listening to them and working for them.
- Out attorneys can meet with you at your home or any other location convenient for you and your family.
- We are always available, and will take as much time as you need in answering any of your questions.
- With years of experience and dedication to clients who have been seriously injured, and families who have lost loved ones, we have a history of successful settlements and verdicts.
With regards to a minor child trespassing unto another’s premises, Florida recognizes the attractive nuisance doctrine.
Under the attractive nuisance doctrine a property owner is subject to liability for injuries suffered by a child trespasser if:
- the property owner knows or has reason to know that the place where the dangerous condition exists is one where children will likely trespass
- the condition is known or should be known to cause an unreasonable risk of bodily harm to a trespassing child
- the child because of his or her age does not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it
- the burden of eliminating the danger is slight compared to the risk posed to children
- the property owner fails to exercise reasonable care in removing the danger or protecting the child