Child Injury Lawyer

The Killino Firm’s West Palm Beach Child Injury Lawyers have years of experience working to achieve justice for children injured or killed through the wrongful acts of others. We handle each case as if it involved an injury sustained by one of our own children. We do not rest until we make every effort possible to obtain the satisfaction you deserve. For compassionate and skillful handling of your child’s injury case, contact the Killino Firm’s West Palm Beach Child Injury Lawyers today.

Common Preventable Children’s Injuries

In countless situations and in every part of the nation, children receive serious and often fatal injuries that could have been prevented. A small sampling of the many causes of children’s injuries that can result in liability in personal injury actions include:

  • medical malpractice
  • negligent maintenance of premises
  • defective toys
  • defective children’s products
  • defective and toxic household products
  • dangerous conditions, objects, dogs, and other animals that attract children

Children’s Attractive Nuisance Accidents

Children are attracted to many things, including some that can seriously harm or kill an unsuspecting child. An “attractive nuisance” is something that can draw a child to it (i.e., attract the child) but that can also cause the child harm. Under certain circumstances, Florida common law holds property owners responsible for children’s injuries and deaths caused by objects and conditions attractive to children (see Florida Statutes Section 768.075).

Generally, a landowner is not liable for a trespasser’s injury or death unless the owner recklessly or intentionally endangered the trespasser. The attractive nuisance law is an exception to Florida’s law regarding injuries sustained by trespassers (Florida Statutes Section 768.075 (3) (c)). Even when a child was trespassing on someone’s property, the property owner can be liable for the child’s injury or death if:

  • the property owner knew or reasonably should have known that the property had a condition or object dangerous to children
  • the child was unaware of the danger posed by the object or condition
  • the property owner did not take reasonable steps to eliminate the danger or otherwise protect children from the danger, and
  • the object or condition attracted the child and lured the child onto the property

Dangerous objects and conditions that may satisfy the definition of an attractive nuisance under Florida law include:

  • pools
  • other man made water bodies (such as spas and hot tubs)
  • ladders
  • abandoned buildings, structures, and vehicles
  • refrigerators, washers, dryers, and similar items with doors that can trap a child inside
  • tractors and lawn mowers
  • power tools
  • any other man made objects or conditions that can attract and injure a child

Children’s Dog Bite Injuries in Florida

Children everywhere are also attracted by dogs. This form of attraction can result in serious harm to a trusting child. Some states require proof of a dog owner’s negligence before the owner can be liable for a child’s (or adult’s) dog bite injuries.

Florida law holds dog owners strictly liable for dog bite injuries under certain circumstances (see Florida Statutes Section 767.04, Dog Owner’s Liability for Damages to Persons Bitten). This means that the dog owner can be liable for dog bite injuries even if the owner was not negligent. In other words, the dog owner can be legally responsible even if the dog has never bitten before.

Under the Florida statute, a dog owner is responsible for a child’s or other victim’s bite injuries regardless of the location of the attack. The owner may be liable when the attack on a victim occurs in:

  • a public place, or
  • a private place, including the dog owner’s own property if the victim has a right to be there

If the attack occurs on the dog owner’s own property, the statute relieves the owner of strict liability if:

  • the owner prominently displays a sign that includes the words “bad dog” and that can easily be read, and
  • the owner’s negligence was not a cause of the attack and the victim’s injuries

This exception to the owner’s liability does not apply to an injured child under the age of 6.

Even if the victim of a dog bite was negligent in allowing the attack to occur, the dog owner may still be strictly liable for the victim’s injuries. In this case, however, the damages will be reduced in proportion to the victim’s percentage of fault. The law will not reduce damages payable to a child under 6, however, because a child under 6 cannot be negligent under Florida law.

West Palm Beach Child Injury Lawyers Fighting for You

The Killino Firm’s West Palm Beach Child Injury Lawyers dedicate themselves to protecting the rights of our most precious and vulnerable citizens. If someone’s negligent act or omission or a dangerous and defective product injured your child, call us at 1-561-835-9898 to arrange for a free initial consultation about your case.

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The Killino Firm's West Palm Beach attorneys work tirelessly for each and every client and do what it takes to get the results our clients deserve.
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Date published: 03/05/2015
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