In Florida, children are the unfortunate victims of injury at the homes of neighbors, friends, acquaintances and even other family members. When a child is injured at the home of another person, the homeowner can be liable for the injuries and associated damages. A property owner / homeowner may be liable for the resulting injuries; however, the homeowner is not always liable. In order to determine the liability or responsibility for a homeowner when a child is injured, there must be an analysis or assessment of the four elements of a negligence case in the State of Florida.
1. Duty. The element of duty refers to the responsibility of the homeowner to maintain a safe and reasonable indoor and outdoor environment for the child. This does not mean that the homeowner is an insurer or absolute guarantor of safety. It only means that the homeowner has the responsibility to take reasonable efforts to maintain the premises in a safe manner. Furthermore, there is a duty to provide reasonable supervision based on the age of the child and activity at that the child engaged in.
2. Breach of Duty. The element of breach of duty refers to the failure of the homeowner to act in a reasonable manner or that the homeowner has acted in an unsafe or unreasonable manner. Either way, the breach of duty refers to the failure to carry out the duty to provide a safe and reasonable environment for the child.
3. Causation. The element of causation refers to the link between the breach of duty and the damages. In other words, the breach of duty was the proximate clause of the damages or injuries caused to the child.
4. Damages. The element of damages typically refers to the injuries sustained by the child along with the associated economic damages in the form of past and future medical bills.
In order to determine if there is a viable claim or case for personal injury sustained at the home of another person, the elements or the facts of the case do not always clearly fit neatly into each the above categories. A Florida Child Injury Lawyer can assist a family with advice, consultation, and legal representation when a child is hurt or injured at another person’s home. If there appears to be a viable claim that fit into the above elements, there is another factor that is typically considered by the Florida Child Injury Lawyer when assessing a case and determining the appropriate course of action. This additional factor is homeowners insurance.
There is no legal requirement to carry homeowners insurance in the State of Florida to carry homeowners insurance. Typically, homeowners insurance is required by a bank, mortgage company, or lender to secure the asset that is subject to the loan or mortgage. Unfortunately, many homeowners allow the homeowners insurance to lapse or do not bother getting home owners insurance when they are behind in payments or having a economic hardship. Furthermore, even when there is homeowners insurance in place, there are exclusions under the policy that do not cover a particular event or incident that occurs at a home. For instance, many Florida homeowners policies exclude injuries related to dog bite . Because the additional issue of homeowners insurance can also be complicated, this is another reason to retain the services of a Florida Child Injury Lawyer for advice and consultation so that the parent is fully informed of the legal rights of the injured child and the possible causes of action and compensation for the same. The book titled – The ABCs Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Homeowners Insurance, Automobile Accidents, Day Care Center Injuries, School Injuries, and other topics. You can get this book for free at The ABCs of Child Injury. This book is also available for download at Amazon.com, barnesandnoble.com, and the Apple iBookstore.