In a cause action for injury to a child in a motor vehicle accident, the owner of a motor vehicle owes an invited guest or passenger the duty of exercising ordinary or reasonable care to avoid causing injury to the guests, especially to children. Therefore, although the owner of the motor vehicle is not an absolute insurer of the safety of his or her passengers, he or she still owes them the duty of exercising the care that an ordinarily prudent person would exercise in the operation of a dangerous instrumentality such as a motor vehicle. In the absence of a statute requiring a showing of gross negligence before liability may be imposed on the driver of a motor vehicle, an action for injuries of a child passenger may be maintained on the basis of simple negligence. For instance, in a personal injury action for damages sustained by a ten-year-old child injured in a church school bus, the jury may consider whether the bus driver properly exercised his duty of reasonable care if the bus flash lights were not functioning properly when the bus was struck.

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. The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.