What if my child is injured at his grandmothers’ house in Florida? What are the legal rights of the injured child in Florida? Children often visit their grandparents at their home. In most instances, the visit is pleasant and the children have fun spending time playing with their grandparents. Unfortunately, at times, children sustain serious personal injuries while spending time at the grandparents’ home. Tragically, some children even die while under the care and supervision of the grandparents.
In most of incidents involving personal injury or death at the home of a grandparent, neighbor, or other person, the injuries are unintentional meaning that the grandparents did not intend to harm the child. As a Florida personal injury attorney, I am, from time to time, asked the question about the grandparents’ liability for injuries caused under their care. It should be pointed out that grandparents and and other homeowners are not absolute insurers or guarantors of the safety of children. However, when a child is injured as a result of the negligence of a grandparent or another person, then a homeowners insurance claim or legal action can be taken on behalf of the injured child. In the State of Florida, grandparents and other extended family members do not have immunity in a civil case when injuries were caused by the negligence of the grandparents. In other words, while a grandparent or homeowner may be close to a child and a wonderful person in general, the laws of the State of Florida including statutes and case law do not extend any kind of immunity to the grandparents if an unfortunate but preventable injury takes place in the grandparents’ home or while under the grandparents’ care.
Like other negligent case, there needs to be an analysis of the facts and circumstances to determine if there is a viable case against the grandparent or other person who is believed to be negligent in causing the injuries to the child. These elements include the following: 1. Duty. 2. Breach of Duty. 3. Causation. and 4. Damages. When dealing with the negligence of a grandparent or other person the cases can be quite complicated and require the services of a Florida child injury lawyer to advise the parent or guardian of the child as to the respective legal rights of the child. The book titled <strong>The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Homeowners Insurance, Damages / Compensation, and other topics. This book can be obtained for free at The ABCs of Child Injury.
Some parents and people may find it completely distatseful and unacceptable to even consider pursuing a case against a grandparent when there is an unintentional, unexpected, or unforeseeable type of injury. This is perfectly understandable. Certainly the family dynamics of each potential case must be considered by both the parent, guardian, and the attorney before any kind of action or claim is pursued.