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Fort Lauderdale Child Injury Lawyer

Parents will do everything in their power to protect their children. Unfortunately, they cannot always protect them from the actions of others. If your child sustained an injury in Florida, and you believe someone else was legally responsible, you may be able to file a personal injury claim to compensate for the full extent of the damages he or she suffered. Contact the Law Offices at David I. Fuchs to schedule a free and strategic review of your legal options.

The Elements of a Child Injury Case in Fort Lauderdale

Injuries such as bumps, scrapes, and bruises may be a natural part of childhood, but serious harm can arise from negligence. Parents interested in obtaining a personal injury lawyer and filing a claim should be familiar with the following elements that lay the groundwork for a suit:

  • To file a claim, a plaintiff, or person seeking damages, must show the defendant owed the child a duty of care. Examples of parties who might owe a child a duty of care include teachers, coaches, daycare workers, or other parents.
  • Next, a parent must show that the defendant violated his or her duty of care by committing negligence. This legal concept provides the basis for many personal injury claims and refers to a person’s failure to act in a manner that another, reasonably careful person would.
  • Next, a plaintiff must show that his or her child’s injuries were the direct result of someone else’s negligence. In other words, had it not been for the defendant’s action or inaction, a child would not have the injuries he or she incurred.
  • Finally, the plaintiff must show how a defendant’s negligence led to damages. Examples include medical bills, lost wages (from tending to a child’s needs), psychological files, and more.

Different Types of Child Injury Cases

Children can be natural daredevils. Often, children don’t know their own limitations or may be too immature to grasp the danger of a potentially harmful situation – that’s why negligent supervision is potentially so serious. Child injury cases may arise from many types of issues, but some of the most common situations underlying them include:

Negligent Supervision.

Parents charge other adults with the safety of their children when they send them to school, allow them to participate in recreational sports, or send them to daycare. When a person formally charged with children’s safety fails to supervise or keep them safe from reasonably foreseeable injury, the parents or guardian of that child may have grounds for a claim based on negligent supervision.

Medical malpractice.

Healthcare providers owe a duty of care to all their patients. Children may sustain injuries as a result of misdiagnosis or failure to control a dangerous medical condition in the womb, or they may experience preventable complications from a difficult birth. Medical mistakes are a common cause of birth and childhood injury and parents may have grounds for compensation.

Product Liability.

Manufacturers, distributors, and retailers have a high duty of care when it comes to the production and marketing of children’s toys. Failure to warn of the risks, product defects, and inherent flaws in product design may all be responsible for causing harm and give rise to a personal injury claim.

Premises Liability.

Property owners similarly have a higher duty of care to children. Even if a child trespasses on a person’s property and sustains an injury, parents may have valid grounds for a claim based on the attractive nuisance doctrine.

An injury to a child can be serious, and the consequences can last a lifetime. If your child recently suffered harm and you believe someone else is legally responsible, contact the Law Offices of David I. Fuchs today and arrange a free initial consultation with our firm.

Types of Cases We Handle