What Cause of Action Does a Parent Have When a Child Dies in a Summer Camp in the State of Florida?
During the summer months, day camps and overnight camps have a responsibility to provide for a safe and nurturing environment for children. For most children, summer time is filled with fun, laughter, and time well spent with friends. For some children, summer is the mark in time when a serious personal injury takes place at a summer camp. For some children tragically, it is their last summer due to an incident or accident that takes place at a summer camp. If a child dies at a Florida summer camp, a parent may be able to bring a cause of action for the death of the child. It should be noted that a summer camp is not liable for every incident, injury, or death it takes place on the grounds of the summer camp or during activities and field trips off the property of the summer camp but supervised by the summer camp staff and management. Like other legal cases, a summer camp may be liable for personal injuries or death of a child if the following elements can be established:
- Breach of Duty;
- Causation; and
If a child dies as result of the negligence or fault of a summer camp, what cause of action does a parent have against a Florida summer camp? Chapter, 768 of the Florida Statute covers cases known as wrongful death cases including those related to the death of a child at a school, day care center, summer camp, or other location. Under the Florida Wrongful Death Act, a parent is considered a survivor of a child who dies as a result of the fault of another person, business, or government entity. A parent can be a survivor even if there was no marriage of the parents prior to the death of the child, regardless if there was a divorce, and regardless of the extent of the parent - child relationship. A parent can seek damages for pain, suffering, mental anguish, loss of enjoyment of life, and loss of the compansionshop and services of the child.
The book titled - When a Parent's World Goes From Full to Empty - The Wrongful Death of a Child - What You Need to Know About The Florida Wrongful Death Act - has chapters on Damages - Compensation, the Basics of the Florida Wrongful Death Act, and other topics. You can get this book for free at When a Parent's World Goes From Full to Empty.
A summer camp has a duty of reasonable care with respect to children engaged summer camp related activities including but not limited to swimming, aquatic, canoeing, rafting, sports related activities, arts and crafts, hiking, biking, camping and other activities organized and supervised by summer camp. Safety should be a primary pillar of the foundation of every summer camp in Florida and other states. Another pillar of the foundation of the summer camp should be the best interest of the children. When a summer camp focuses on safety and the best interest of children, many incidents that results personal injuries or death can be prevented.
The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.