It is every parent’s nightmare: their child is seriously injured by a third party. Obviously, it is a heart-wrenching situation regardless of how the injury happens. However, when you believe that somebody else is at fault, anger and a desire for accountability become part of the equation as well. Unfortunately, injuries happen to children through no fault of their own way too often. Below we discuss some of the more common sources of these injuries and how Florida law allows you to hold the other party accountable.
Product Injuries to a Child
Children are considered a protected class in our society for many reasons. They cannot take care of themselves and they are functionally and legally unable to make trustworthy decisions. Therefore, the law makes certain allowances to protect children more than adults. One example of this is found in how products are regulated differently when the typical users are children. Children’s clothing is required to be flame retardant by federal law, for example. Another example is the exhaustive testing that car seats receive to ensure that they are safe.
Unfortunately, though, not all products on the market are as safe as they are supposed to be. One only needs to go to any local big box retailer and look at the dozens of products that have posted recalls in the store. You do have recourse under Florida law if your child has been hurt by a defective product.
Florida law recognizes product liability lawsuits filed for one of the following three reasons:
- Defective design;
- Defective manufacture; and
- Defective labeling/advertising.
An example of defective design would be if the car seat Joe was riding in failed because it was only engineered to survive a crash of up to 10 miles an hour. If the car seat was designed to survive a crash at 100 miles per hour, but a manufacturing issue caused the plastic in the seat to be a tenth as thick as it should have been, there is product liability due to defective manufacture. Finally, if the car seat in question was labeled as latex-free when it in fact contained latex, which caused Joe injuries because he is allergic to this substance, you would have recourse under the theory of defective labeling.
Injuries to Children From Negligence
The majority of injuries to children comes from the negligence of others. You hear and see reports of negligent injuries to children all the time. Examples include:
- Accidents due to speeding or drunk drivers;
- Slip and fall accidents caused by unsafe conditions;
- Failing to control dangerous animals; and
- Maintaining unsafe structures such as buildings and other improvements.
While we know that no one wants to see a child hurt, negligent behavior that injures children is all too commonplace in today’s society. Fortunately, by speaking to a legal professional, you can improve your chances of recovering compensation for these injuries.
If you have had a child injured in the Tallahassee area and someone is to blame, give the experienced personal injury attorneys at Barrett, Fasig & Brooks a call today at (866) 346-4186 or (850) 224-3310 to set up your free consultation. Let our professional and experienced legal staff lead you through the process to hold those responsible accountable.