Sharmin & Sharmin, P.A. Blog

Pre-release exoneration contracts can limit the liability of a negligent boating operator.

Fri, 16 Dec 2011 08:00:00 GMT

Although disfavored, exculpatory clauses that limit or exempt liability for negligence are enforceable, provided that the contract is between persons of equal bargaining power and the provisions are clear and unambiguous. A preincident release is not effective to preclude an action based on the releasee's subsequent negligence unless the instrument clearly and specifically provides for a limitation or elimination of liability for such acts. For example, a parent's pre-injury release of liability on behalf of minor child was unenforceable to exonerate the lessor of the personal watercraft from liability for injuries sustained by child in accident that occurred while minor was passenger on watercraft operated by the parent/lessee because it the release was determined to be ambiguous.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability arising from Consumers Failing to Read Labels

Fri, 16 Dec 2011 08:00:00 GMT

A cause of action for a child’s injuries due to an ATV accident may arise if a responsible party fails to give the appropriate warnings regarding ATVs. If a third party is injured due to a consumer’s failure to read a warning label, the third party may have a cause of action against the ATV owner. For instance, if a ATV owner fails to heed a warning label that indicates that no one under the age of 16 should use the vehicle, and the owner allows a 10 year old child to ride the ATV, the owner will be held liable if the child is injured or killed as a result.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Manufacturer's Liability to Warn of Risks

Fri, 16 Dec 2011 08:00:00 GMT

A cause of action may arise if a responsible party fails to give the appropriate warnings regarding ATVs. For instance, where a manufacturer fails give an appropriate warning on an ATV that an average consumer can read and understand a failure to warn theory may be a viable cause of action. For example, if the manufacturer fails to adequately warn consumers with a readable label of the one rider requirement, the manufacturer may be held liable for a child’s resulting injuries.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Products Liability Action | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Fri, 16 Dec 2011 08:00:00 GMT

Generally, courts have applied the same principles of products liability in cases involving ATV's as they apply to cases involving other products. Thus, ATV cases have been tried under theories of strict liability, negligence, breach of warranty express or implied, and failure to warn of product dangers. Additionally, liability has been imposed or has been sought to be imposed on parties occupying various positions in the chain of manufacture or distribution of a product, including manufacturers, distributors, retailers, and others, arising out of their actionable behavior with respect to defects in ATV's.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Defective ATV Due to Rollover Accident

Fri, 16 Dec 2011 08:00:00 GMT

A cause of action may be sustained against a manufacturer of an ATV if it malfunctions or is defective in design. For instance, the parents of a child that is injured by an ATV that rollovers over may have a viable cause of action against the manufacturer of the ATV for defective design if he or she can demonstrate that the center of gravity of the ATV was designed to high, therefore, it was more likely to cause a rollover accident and result in injuries.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Backing Over a Child with a Vehicle

Fri, 16 Dec 2011 08:00:00 GMT

It is estimated that backovers account for 45 percent of nontraffic crash fatalities and 20 percent of nontraffic crash injuries to children. Additionally, approximately 39 percent of backover deaths occurred at home in the driveway, an apartment parking lot or in a townhome complex. In a cause of action arising from a child being killed or injured by a driver that backs over or runs over the child, the driver that kills or injures a child may be held liable for damages arising from his or her negligence.

If your child is injured or killed by a motor vehicle, you need the knowledgeable and skilled Florida Child Injury law firm of Sharmin & Sharmin P.A. on your side. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Can a personal floatation device cause injury or death if it is defective?

Fri, 09 Dec 2011 08:00:00 GMT

Flotation devices are essential safety devices that can save lives if worn properly on a water vessel. It is essential for children to wear personal floatation devices when aboard a water vessel to prevent drowning. Under Florida law, children aged five and under must wear a type I, type II, type III, or type V personal floatation device, approved by the United States Coast Guard when aboard the deck of a water vessel. If a child is injured in a boating accident due to failing to wear an approved personal floatation device due to the negligence of the vessel operator, the operator may be held liable for failing to provide a flotation device to the child. Additionally, if the flotation device is defective or malfunctions and fails to work properly the manufacturer of the device may be held liable for products liability, and you will need an experienced West Palm Beach Child Injury Lawyer to get you the justice you deserve.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability for Defective Water Vessel

Fri, 09 Dec 2011 08:00:00 GMT

Boating can be a fun past time for the entire family, but children can be injured or even drown if the right safety precautions are not used by the boating manufacturer. Boating accidents and fatalities are on a rise in the United States. In 2008, The U.S. Coast Guard reported that 5,000 boating accidents occurred in the U.S. Additionally, 3,331 of those resulted in injuries and 709 were fatalities. A cause of action for an injury to a child arising from the water vessel may be due to a defective boat. A products liability action may be initiated when a child is injured due to a defective vessel, such as a boat, personal water craft, or other recreational vessel.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer specializing in boating injury cases. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Initiating a lawsuit for Reckless Operation of a Personal Water Craft

Fri, 09 Dec 2011 08:00:00 GMT

A cause of action for an injury to a child arising from the negligence of a personal watercraft operator may be due to the operator’s failure to use the vessel in a reasonable and prudent manner. Operators of such vessels have a duty to exercise reasonable care, and refrain from using reckless maneuvers that may endanger life, limb, or property. A personal water craft operator should use care not to weave through congested vessel traffic, jump the wake of another vessel unreasonably or unnecessarily close to the other vessel or operate the vessel in a reckless manner.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Failing to use boating safety can end up in tragedy!

Sat, 03 Dec 2011 08:00:00 GMT

Boating is a fun past-time, but you need to follow the rules and regulations of boating, and use safety precautions. Boating accidents can occur if boaters are speeding, driving recklessly, or even driving a boat under the influence of alcohol. If a child is injured due to a boat operator failing to exercise reasonable care, the boat operator may be held liable for the child's injuries.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Personal Water Crafts can pose serious injuries to children

Sat, 03 Dec 2011 08:00:00 GMT

Personal water crafts also known as wave runners or jet skis are very popular among boating and water enthusiasts because they are fast, small, and easily maneuverable. However, Although personal water crafts are small and appear to be easy for a child to operate, they are not toys and anyone under the age of 16 should have a boating safety certificate and be accompanied by an adult over the age of 18 prior to operating such a water craft. Additionally, under Florida law, a parent's execution of a pre-injury release of liability on behalf of his or her minor child was unenforceable to exonerate lessor of personal watercraft from liability for the child’s injuries sustained in an accident that occurred while minor was passenger on watercraft operated by the parent/lessee.

Cause of Action for Injury to a Child due to a House Fire

Sat, 03 Dec 2011 08:00:00 GMT

If a child is injured or tragically killed in a fire, liability can arise if the fire is caused intentionally or even unintentionally, by a third party. For instance, a cause of action may arise if an exterminator working at a homeowner’s home commences to smoke a cigarette outside of the home without the homeowner’s knowledge, and carelessly throws the cigarette into the bushes, which burns the house. If the child is injured in the fire, but is able to escape the fire, the parents’ may have a cause of action against exterminator and his or her employer for damages.

If your child is injured in a fire due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Injury to a Child due to Carbon Monoxide Poisoning

Sat, 03 Dec 2011 08:00:00 GMT

Carbon monoxide is a colorless, odorless, tasteless gas produced by motor vehicles, gas powered furnaces, and portable generators. It is responsible for approximately 500 deaths a year according to the Centers for Disease Control. Unintentional carbon monoxide poisoning can occur when a motor vehicle with a push button ignition is unintentionally left on. Florida law requires that carbon monoxide alarms be installed in every building that has a fossil fuel burning heater or appliance, fireplace or attached garage. Further, carbon monoxide alarms must be installed within 10 feet of each room used for sleeping. Therefore, a builder, landlord, or property owner may be held liable if he or she fails to properly install carbon monoxide monitors and a child is injured or dies as a result.

If your child is injured in a fire due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability for Negligent Entrustment of a Watercraft

Fri, 02 Dec 2011 08:00:00 GMT

In a West Palm Beach Child Injury lawsuit arising from a child being injured on a personal watercraft may be initiated against any person in charge or in control of a vessel who authorizes or knowingly permits the vessel to be operated by any person who, by reason of physical or mental disability, is incapable of operating such vessel under the prevailing circumstances. It is a misdemeanor of the second degree for the owner of any watercraft or any person having charge over or control of a watercraft to authorize or knowingly permit the watercraft to be operated by a person under 14 years of age. Additionally, such a person may be held liable for negligent entrustment if a child is injured as a result of his or her negligence.

Cause of Action for Firearm Injuries to Children

Sat, 26 Nov 2011 08:00:00 GMT

Children are especially vulnerable for serious injury or death around guns. A responsible owner of firearms should ensure that the firearms are inaccessible to children by:

• Storing guns unloaded and locked;
• Storing ammunition in a separate location, also in a secure locked area;
• Hiding the keys to the gun and ammunition storage.

If your child is injured by a firearm, due to the negligence of another, you should consult with an experienced West Palm Beach Child Injury Lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability of Firearm Dealers Selling to Minors

Sat, 26 Nov 2011 08:00:00 GMT

Under Florida law, it is a criminal offense for a firearm deal to sell weapons to minors. A West Palm Beach Child Injury Lawyer will advise a plaintiff that this law is intended to protect minors against the risk of shooting themselves or harming someone else. Additionally, a firearm dealer may be held strictly liable for selling a weapon to a minor who then injures a third party or his or herself. For example, if a minor uses false identification to purchase a handgun from a gun dealer, and then uses the gun to commit suicide, the family of the child may have a cause of action against the gun dealer.

If your child is injured by a firearm, due to the negligence of another, you should consult with an experienced West Palm Beach Child Injury Lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Child Injury due to a Fall from a Balcony

Sat, 26 Nov 2011 08:00:00 GMT

Young children can not always appreciate the danger a balcony or ledge can pose to them. Therefore, it is up to a responsible adult such as a business owner, landowner, and landlord to safeguard dangerous balconies and ledges to prevent children from being injured or even killed. For example, a landlord of the building may be held liable for the death of a child that falls off a balcony, where the probative evidence suggests that the landlord failed to maintain that the balcony. Additionally, an owner has a duty to use reasonable safety precautions to prevent such injuries or tragic deaths around hazardous balconies, such as sufficiently high safety barriers with very little spacing.

If your child is injured by falling from a high window or other high area, due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Child Injury from a Fall from Bleachers

Sat, 26 Nov 2011 08:00:00 GMT

Bleachers can be potentially hazardous, especially for young children if they are unstable or fail to be maintained in some manner. For example, if the bleachers are on a school’s property and a child falls because the bleachers are maintained poorly or hazardous in some way, the school district may be held liable. A West Palm Beach Child Injury Lawyer will advise a plaintiff that a school board has the duty to protect its students against hazardous conditions near the school site.

If your child is injured by falling from a high window or other high area, due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Child Injury due to Suffocation

Fri, 18 Nov 2011 08:00:00 GMT

The majority of suffocation incidents occur in the child's home. Small children especially infants may suffocate with common household items. Sixty percent of infants suffocate in the child's sleeping environment such as a crib or an adult bed. The Child Safety Protection Commission (CPSC) has issued safety guidelines and standards for child cribs, playpens, and mattresses to prevent defective products that pose a risk of suffocation or SIDS to infants. For example, the manufacturer of a defective crib mattress that poses a risk of suffocation to an infant may be liable if a child dies suddenly while sleeping on the mattress.

If your child is injured by choking, suffocation or strangulation, due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Child's Injury due to Strangulation

Fri, 18 Nov 2011 08:00:00 GMT

The majority of strangulation incidents occur in a young child's home. Openings that fit a small child's body, but that are too small for his or her head, can lead to entrapment and strangulation, such as bunk beds, cribs, playground equipment, and baby strollers. Manufacturer's and retailers of such products have a duty to exercise reasonable care in producing such products in order to prevent injury or death to a child.