When a Child is Injured on Vacation at a Florida Resort, Hotel, or Theme Park - Where Should the Case or Claim be Filed? Home State of Child or Florida
Florida is a well known tourist destination for parents, children, and families across the nation as well as the rest of the world. After all, we have Disney World, Universal Studios, Sea World, and, yes, Lego Land. In addition to these well known attractions and theme parks, we have beaches and coast line in all part of Florida including the Panhandle, Florida Keys, and elsewhere. For most vacationers, the time spent in Florida is quite enjoyable. For some, the worst that happens on a trip to Florida is a bit of sunburn and mild exhaustion from all of the sites to see and visit. For others, the Florida vacation marks the time in which a child or another friend or family member suffers a serious personal injury. For some, Florida marks the spot where a person dies as a result of the negligence or carelessness of another person, business, or government entity.
When a person is visiting from another state or country, where should the case or claim be filed if the incident takes place in the State of Florida? The typical answer to this question is the State of Florida. If an accident or incident takes place in the State of Florida, a claim or case can be brought because of Florida laws allows for the pursuit of a claim or case regardless of residency in or outside of Florida. Jurisdiction would be proper for the following types of cases: automobile accident, playground injury, premises liability case, slip and fall, pedestrian accidents, and other types of incidents.
It should be noted that the laws related to the rights of compensation vary from State to State and can even vary from the type of case pursued. The personal injury related laws in the State of Florida can be quite restrictive. There are notice provisions for certain cases and all personal injury cases are subject to one or more statute of limitations. Because of the complexity of Florida law, a parent should contact a Florida Child Injury Lawyer for advice, guidance, and legal representation to advocate for the best interests of the child and to secure the rightful compensation on behalf of the injured child.
Of course, jurisdiction or where a claim or case should be pursued is just one of many puzzle pieces to the entire claim. There are many other issues including how to handle follow up medical care, past medical care, future medical care, past medical bills, future medical bills, and many other challenges to these cases.
The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Theme Park and Attraction Injuries, Swimming and Water Park Injuries, Shopping Center Injuries, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.