In a cause of action for premises liability of an injured child, one of the essential elements is the existence of a duty owed by the person charged with negligence to the child. Accordingly, the owner or operator of an elevator or escalator owes a duty of reasonable care so as not to injure an invitee through the use and operation thereof. For example, where the evidence proves that a child was injured by falling into an open elevator shaft of a hotel, and the child was not a mere licensee but an invitee, the law imposed upon the defendant a duty to exercise ordinary care for the safety of the child by providing a safe exit instead of a dangerous open elevator shaft. However, in the case of a child that is considered a licensee, the owner or operator of an elevator or escalator owes only a limited duty to warn of known dangers and refrain from wanton negligence and willful misconduct. Therefore, if the danger is open and obvious, such as in the case of an open elevator shaft, there is no duty to warn, even with respect to a child.

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 the justice and peace of mind they deserve. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.