3 Ways Florida Child Injury Lawsuits Are Different From Adult Filings

Ansara Law Personal Injury Attorneys — Mon, 04 Mar 2024 17:16:12 GMT

Few occurrences are quite as traumatic as the serious injury or death of a child. Parents navigating the aftermath and exploring avenues of accountability and compensation from those at fault need to understand there are a few ways in which Florida child injury lawsuits differ from other claims.

As our Fort Lauderale personal injury lawyers can explain, many underlying legal principles, causes of action and deadlines are the same. But when a victim is a minor, there may be some special considerations and extensions.

Here, we detail three ways that Florida child injury lawsuits may be different than adult personal injury filings.

1. Statute of Limitations for Child Injuries in Florida

For the most part, the statute of limitations (the window of time during which one has the right to file legal action) for child injury claims is the same as it is for adults. F.S. 95.11 gives claimants up to two years to file claims founded in negligence (which are most personal injury claims), medical malpractice, and wrongful death. (It used to be four years. If the incident occurred on or before March 24, 2023, you may still have up to four years to file. But it’s best not to wait, if you can.)

This is a pretty hard deadline. However, some circumstances will give rise to a pausing or “tolling” of the statute of limitations. One of those special circumstances is when a person under the age of 18 is the one who was injured. F.S. 95.051(i) allows up to 7 years from the “cause of action” (usually the date of the accident or wrongdoing). However, this exception only applies if the child’s parent, guardian or guardian ad litem:

Does not exist.
Has in interest that is adverse to that of the child.
Has been deemed incapacitated to sue by a court.

These are fairly narrow exceptions. For the most part, the statute of limitations for Florida child injury claims will still be 2 years unless some other exception (fraud, concealment, etc.) applies.

Another possible extension might be found under the statute of repose discovery rule. This is primarily going to apply to birth injury lawsuits, wherein the effect of negligence or its cause is not apparent until much later. While the statute of repose for most medical malpractice cases is up to 4 years, it can be up to 8 years (no later than the child’s 8th birthday) for birth injury claims.

2. Minors Cannot File an Injury Lawsuit or Claim

A child who is under the age of 18 in Florida lacks the legal standing to file a claim or lawsuit for personal injuries. But that doesn’t mean they should wait until they’re 18 to explore filing. (In fact, they may lose the opportunity forever if they don’t act soon enough.) The solution is in F.S. 744.301. It allows for the child’s natural guardians (i.e., their parents) the authority to pursue and settle any claim on behalf of their child, so long as it doesn’t exceed $15,000. This includes personal injury claims, life insurance policies, etc. for which they can collect, receive, manage, and dispose of the proceeds.

Of course, many Florida personal injury claims can easily exceed $15,000. In this case, parents can still pursue such claims, but they need court approval to do so, and funds may be held in a restricted bank account or annuity (from which necessary and reasonable withdrawals can only be made for the child’s benefit). This additional step is another reason parents of a child who has been injured should seek prompt legal advice. Your personal injury lawyer can help guide you through this process.

It’s worth noting that parents, too, may have their own claims for medical bills or other losses that they personally incurred as a result of the child’s injury.

3. The “Reasonable Person” Standard Considers a Child’s Age, Maturity

In many Florida personal injury and wrongful death lawsuits, a key defense is to argue that the plaintiff (person hurt) or decedent acted outside the bounds of what the average person would consider reasonable. This is known as the “reasonable person” standard. But children are not held to the same standard of “reasonableness” of the average adult. They may be held to the standard of what is reasonable for an average child of their age, maturity and intelligence.

There are even specific statutes that expressly take a child’s ability to reason into account. For example, F.S. 768.05 grants immunity to property owners when trespassers are hurt — except where children may have been enticed by an “attractive nuisance” for which they are not able to fully appreciate the danger. This could include anything from swimming pools to trampolines to abandoned refrigerators or airtight units. Because such features may be enticing to curious kids who can’t appreciate the risks, property owners have a duty to take extra care in preventing children from trespassing on their property and getting hurt. Example: A property owner with a swimming pool should have sufficient gates, alarms and other security features that would prevent kids from easily gaining access.

If your child has been injured in South Florida, our Fort Lauderdale personal injury lawyers at The Ansara Law Firm can help answer your questions about the viability and potential value of an injury lawsuit filed on their behalf.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Safe Kids Florida, Florida Department of Health

More Blog Entries:

Hiring a Broward Injury Lawyer: FAQ on Free Initial Consultations, Jan. 10, 2023, Broward Personal Injury Lawyer Blog

South Florida Trampoline Park Injury Increasingly Common

Ansara Law Personal Injury Attorneys — Sat, 21 Jul 2018 17:01:52 GMT

Trampoline parks have been cropping up in Broward County and throughout the country, offering children a chance to literally bounce off the walls to burn some energy. They are especially popular in South Florida in the summer, where parents and caregivers need something fun and active to keep kids occupied while still keeping them out of the crushing heat.

However, a recent investigation by NBC6 in Miami revealed child injuries at trampoline parks have become incredibly common. Just in the last two years in South Florida, there have reportedly been nearly 300 911 calls made regarding injuries and falls at trampoline parks. In roughly 70 of those instances, paramedics were required at the scene.

Those incidents included:

A 4-year-old boy who suffered a sprained ankle;
A 6-year-old girl left injured and bleeding when a larger boy jumped on top of her;
A boy who suffered a traumatic brain injury at a Broward County trampoline park.

Broward personal injury attorneys who handle such cases know that these injuries are far more common than some parents think, often including broken wrists and leg fractures. Many of these facilities have proven outright dangerous, particularly for young patrons.

Dispatch records showed emergency 911 assistance was required 60 times at one location alone – in one instance twice in a single day.

Throughout these facilities, you may note prominently-posted rules indicating safety is a priority, outlining forbidden moves and grounds for removal from the facility. Typically two employees are required to supervise a given area at any given time. Yet the television journalists observed as numerous teenagers were seen doing double back flips with impunity – even though multiple flips and double bouncing are forbidden. The employees did not intervene.

The American Academy of Pediatrics published an analysis of trampoline park injuries in 2016, looking at trends in emergency department visits for those who sustained trampoline park injuries as opposed to injuries suffered as a result of home trampolines. From 2010 to 2014, they concluded that while home trampoline injuries remained stagnant, trampoline park injuries increased more than 10-fold – from 581 to 6,932. In terms of injuries, patients with trampoline park injuries skewed older compared to those injured during use of home trampolines (average 13.3 years compared to 9.5 years). The most common injuries across the board were sprains and fractures, and those at trampoline parks were more likely to involve lower extremity injuries, open fractures and spinal cord injuries. Most injuries were the result of falls, contact with other jumpers and flips.

The report indicated that just in Broward County alone, at least 12 injury lawsuits were filed against a single company – Off the Wall. Most of those injury claims allege the company was negligent for its failure to offer proper supervision. Trampoline parks often take the stance that these injuries are not their fault, but that of the jumper. Further, most parks require the parent or legal guardian of jumpers to sign a waiver of liability. Every one of these parks requires a liability waiver, and given the language in F.S. 744.301 pertaining to waivers in inherently dangerous activities, may prove an effective defense in many cases, but that does not mean parents should not at least discuss the potential for an insurance claim or litigation, as they are not 100 percent bullet-proof. A Fort Lauderdale child injury attorney can help you examine your legal options.