Under Florida law, a property owner owes a child invitee a duty of reasonable care, and failure to exercise reasonable care may expose the property owner to a negligence claim under a premises liability theory. The Florida injury lawyers of Sharmin & Sharmin P.A. will advise you that there is a difference between what constitutes a duty of reasonable care for adults and those safeguards that constitute reasonable care in regards to children. In fact, business owners who invite children to enter their business premises are required to exercise a relatively higher degree of care for children then what is required for adults. Accordingly, a merchant who fails to use reasonable care to protect a child invitee from injury may be held liable for negligently failing to maintain necessary shields or safeguards on the premises to protect unsuspecting children from the dangers thereof. For example, the proprietor of a store that was open to the general public was held to be negligent for failing to shield a child from the danger posed by an escalator on the premises, after the child was injured upon riding the escalator in the store. However, notwithstanding the higher duty owed to children, a property owner is not required to make the premises danger-proof, as long as he or she uses reasonable care. In other words, an owner is only liable if it is foreseeable that a child could be injured in some way by the dangerous condition, even though the manner in which the child was injured was not foreseeable.
If your child has been due to the negligence of a business owner, you should consult with the experienced West Palm Beach Child Injury lawyers of Sharmin & Sharmin P.A. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Call 1-800-74-TRIAL
