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.

Common 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.

Car Accidents

If your child leads an active lifestyle, they likely spend a lot of time in the car. You, other parents, or child care providers may transport them to and from school, sports practices, extracurricular activities, and play dates on a regular basis.

That’s why it’s no surprise that car accidents are one of the top causes of child injuries in Florida. They can lead to serious injuries such as back injuries, neck injuries, broken bones, and traumatic brain injuries, especially when children are not safely secured in their child safety seats or fail to wear seat belts.

If your child is younger, make sure that they are always in the correct child safety seat for their age and height. In the event they are older, encourage them to sit in the back seat with their seat belt on at all times.

Drowning

According to the National Institute of Health, drowning is the most common cause of death in children ages 1 to 4. If you have an infant or toddler, never leave them unattended in a pool, stream, pond, or any other body of water.

It’s also good idea to invest in a floatation device approved by the U.S. Coast Guard and sign your child up for swim lessons while they’re young. Even if your child is older, make sure they are always supervised while swimming at a friend’s house, a community center, or anywhere else.

Burns

The National Institute of Health discovered that more than 300 children visit the emergency room each day for burn treatment and sadly two children die every day from severe burns. Younger children usually sustain burn injuries from steam or hot liquids so make sure you set your water heater to 120 degrees or lower.

Also, get into the habit of turning pot handles toward the stove whenever you’re cooking so that your child can’t pull them. Older children should not be able to easily access candles, cigarettes, or other items that may put them in direct contact with fire.

Falls

Falls are another common cause of child injuries in Florida. While infants and toddlers may fall from bed and changing tables, older kids typically fall when they’re riding their bike, scooter, or another device. They may also fall at a public property such as a shopping mall or amusement park if the floors or grounds is slippery and other hazards are on the property. Falls often lead to cuts and bruises, head injuries, sprains and fractures, and back injuries.

Contact David I. Fuchs, Injury & Accident Lawyer, P.A.

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 David I. Fuchs, Injury & Accident Lawyer, P.A. today and with our firm.

We can perform a thorough investigation and may be able to help you collect fair and full compensation for their damages. Call us at (954) 568-3636 or our online form today.