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Liability for Failing to Restrain a Child in a Child Safety Device

In a cause of action for personal injury to a child in a motor vehicle accident evidence that a child was not restrained the in a child safety device may not be used for the purpose of reducing an injured child's recovery. Thus, violation of the Florida Statute requiring the use of child restraints, may not be used in a cause of action for injury to a child in a motor vehicle accident to be considered on the issue of comparative negligence, nor be introduced as evidence in the trial of any civil action involving allegations of negligence. Therefore, the experienced and knowledgeable West Palm Beach child injury lawyer's of Sharmin & Sharmin P.A. will advise a plaintiff that in a wrongful death action arising out of an automobile accident, evidence relating to a mother's failure to place her child in a car restraint devise is inadmissible to be considered as comparative negligence or negligence in trial. However, in the context of a personal injury action brought by a child's parent or guardian against a third party, to recover damages for injuries to the child sustained in the accident as a result of the child being thrown from a child restraining device, may be used for negligence against the third party.

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.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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Florida Child Injury Lawyer