Articles Tagged with child injury lawyer

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A recent playground injury involving a child reached a state supreme court, which was tasked with considering whether sovereign immunity laws protected defendant school district from liability for allegedly defective equipment. playground

Sovereign immunity is a legal principle handed down by the English that held the “sovereign” or government could not be held liable for tort actions. The theory is that the government needs to be able to carry out basic function and policies without fear of liability. But this is not absolute. In Florida, there are exceptions under F.S. 768.28, the state’s waiver of sovereign immunity.

Sovereign immunity laws vary from state-to-state. The case in question was weighed by the Colorado Supreme Court, which decided a piece of playground equipment that was not negligently constructed or maintained can’t be considered a “dangerous condition” for purposes of the sovereign immunity exception.  Continue reading →

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Summer is on the horizon, which means many families will have more free time to explore the outdoors, taking advantage of Florida’s many parks, campgrounds and beaches. camping

However, there is something important visitors – including locals and tourists – need to understand about the risk they are assuming when venturing onto these sites for recreation. Florida’s recreational use statute, F.S. 375.251, limits liability of property owners who make public certain areas for recreational use without charging them. The purpose is to encourage those who own land, water and park areas to make those sites available to the public for outdoor recreation by limiting the owners’ liability for persons injured on those sites.

Essentially, visitors to these sites can’t make the presumption that any of these recreational areas are safe for any purpose. The property owner doesn’t owe a duty of care to the people who go to that area, and he or she won’t be liable or responsible for any injuries to people who visit the site. The only real exception to this is liability for deliberate, willful or malicious injury to persons on the property – and that is a difficult assertion to make.  Continue reading →

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An elementary school student’s mother has filed a lawsuit against a Connecticut school district, alleging that last school year, her 5-year-old daughter was seriously and permanently injured in a playground fall. playgroundswings

The child was running from the playground to the school building when she fell, hitting her stomach on the sharp edge of a concrete step. Despite the girl complaining of severe abdominal pain, the school didn’t contact anyone for medical assistance, nor did they call the girl’s mother. The girl told her teacher she had begun to feel worse after returning to class. Then, she developed a fever and began vomiting. By then, four hours had passed. Finally, the teacher contacted a nurse.

The girl was rushed to the hospital, where she ultimately lost one of her kidneys, an injury her mother has characterized as not only permanent, but disabling. The family has spent enormous sums of money on hospital bills, medical care and physical therapy, according to the personal injury lawsuit.  Continue reading →