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

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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

The homicides occurred in Stuart at the exclusive Yacht and Country Club, where the gunman apparently gained status as a resident, despite not owning a property there and having an extensive criminal background.

The wrongful death lawsuit alleges negligence on the part of:

• The construction company;
• The property owners’ association/ security company;
• The actual homeowner.

As described in The Daily Business Review, this was, “the perfect storm of failures” by these three defendants. Specifically, the plaintiff alleges negligent security. That is, defendants owed a duty to protect the victims from a foreseeable harm by adhering to existing security procedures.

According to news reports of the incident, the man suspected of committing the murders before turning the gun on himself had been arrested at least nine times prior for 19 different crimes. He was, however, the son of a successful construction company owner.

That construction company had been hired to conduct a series of renovations and repairs on the unit of a resident homeowner within the gated community. These renovations and repairs were to be conducted while she was out-of-town. While she was gone, she allowed this individual free access to her home, where she kept a loaded firearm.

During this time, this individual reportedly formed a friendly relationship with the neighborhood security guards, as well a several of the neighbors. He soon effectively took up residence at the home. He was known by both the association and the guards to be living at this construction client’s residence. He was daily waved through the security gates and he parked directly outside her residence. He was, victims’ attorneys argue, treated as a lawful tenant. This was despite the fact that he’d never passed a criminal background check, as all other residents at the association were required to do.

It is alleged that around this time he began to deal drugs.

Although association rules and regulations prohibited this individual as a non-resident from granting access to other non-residents, both guards at the front gate waved in the victims one evening at the suspect’s request.

Soon after, the mother-and-son were both shot and killed inside the residence and the suspect then killed himself shortly thereafter. Local authorities believe the motive was likely robbery. The male victim, 45, was reportedly friends with the gunman and was asked to come to the residence at his request. However, he could not drive because his license was suspended, so he asked his 72-year-old mother to take him.

The case raises questions about the degree of responsibility property owners and security companies have when screening residents and guests in gated communities. There is a great deal of variation in terms of the security standards these companies employ. Some will check and screen driver’s licenses of guests. Some will require residents to undergo background checks. Some will check the license plates of those who enter.

Questions of liability raised in this wrongful death lawsuit will be watched closely because increasingly, short-term rentals promulgated via channels like Airbnb and VRBO are becoming increasingly common.

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

Additional Resources:

Wrongful Death Suit Against Association Illustrates Perils of Negligent Security, Screening, August 1, 2016, By Michael L. Hyman, Daily Business Review

More Blog Entries:

Surprise Settlement in Florida Air Bag Liability Lawsuit, July 29, 2016, Fort Lauderdale Negligent Security Attorney Blog

The ruling is significant not just for the amount of damages awarded, but for the fact the jury decided the Michigan-based corporation could be held liable for the actions of a person it didn’t directly employ. The difference here, according to court records, was the degree of control Domino’s reportedly held over its franchises.

Usually, companies can be held vicariously liable for the actions of its employees under the doctrine of respondeat superior. But franchisors generally aren’t considered the “employers” of those who work for franchisees. However, this kind of complex corporate structure isn’t unique to the pizza delivery industry. Trucking companies, nursing homes and others routinely set up these complex business models with numerous companies, with one of the goals being to distance the main entity from any liability and ultimately reduce the damages any injury plaintiff might receive, as those smaller entities will have less of an ability to pay.

In the case of Weiderhold v. Domino’s Pizza, this was an auto negligence case in which plaintiffs claim a driver for Domino’s caused a 2011 crash that left another driver a quadriplegic, who died one year later of a pulmonary embolism related to his injuries. Plaintiffs filed a wrongful death lawsuit against the driver, the franchisee and the franchisor.

Decedent had worked as a fire chief and firefighter for more than 30 years before the crash. His wife, at the time his fiancee, testified her husband was driving and she in the passenger seat when her husband swerved to avoid hitting the pizza delivery car after the driver dangerously pulled into their path. The Domino’s driver then drove onto the median and back across the roadway where it struck plaintiff’s truck, which then overturned.

Defendants alleged that the retired fire chief was at least partially responsible for the crash. Beyond that, the parent company argued it wasn’t responsible for the acts of a driver that it did not directly employ. The franchisee was an independent business and it had no control over the worker.

Refuting that latter argument was a heap of evidence showing the parent company did exercise significant control over its franchises. This included evidence of extensive of frequent inspections the company conducted at franchises and the control it exercised over employee grooming and hours.

You may recall that back in 1993, the company halted its “30-minute guarantee” program following a multi-million dollar lawsuit that was ultimately settled after delivery drivers were involved in a number of car accidents. From that point on, the company asserted any speedy delivery incentive programs would be generated by local franchises. However, the company provides incentives and bonuses to store managers who consistently have deliveries completed within 30 minutes. This raises questions about whether the company under its “Total Satisfaction Guaranteed” policy are exerting pressure on franchises that results in reckless behavior. This, it’s argued, is also why the company should be held liable when these kind of accidents occur.

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

Additional Resources:

Weiderhold v. Domino’s Pizza, April 13, 2016, CVN

More Blog Entries:

FWC: Sharp Increase in Florida Boating Accidents, June 7, 2016, Fort Lauderdale Wrongful Death Attorney Blog