Children on Property

Knowledgeable Premises Liability Attorneys in West Palm Beach

Family holding model of house Palm Beach County residents must keep their premises in reasonably safe conditions for visitors. They owe a special duty of care to children. When a property owner’s negligence injures a child, his or her family may be able to take legal action. At Frankl Kominsky, we offer compassionate guidance and representation in these potentially challenging cases. Our lawyers are available to advocate for your child if he or she was hurt near West Palm Beach or the surrounding area by someone else’s careless conduct.

Common Injuries Suffered by Children on Property

Children fall prey to accidents on a daily basis. According to the Centers for Disease Control, approximately 8.7 million minors are treated in emergency rooms for these injuries each year, and over 9,000 tragically lose their lives. Among the most common types of unintentional injuries are those caused by falls, fires, and drowning.

Property conditions that can pose an elevated level of risk to children are:

  • Unfenced or uncovered swimming pools;
  • Property defects, including loose steps and uneven pavements;
  • Lack of, or inadequately trained, lifeguards; or
  • Loose or worn out electrical wires.

Even if the victim survives, nonfatal injuries can often lead to permanent disability, chronic pain, and a significant deterioration in his or her lifestyle. A child may need extensive medical treatment, and a parent or other caregiver can be forced to scale back on work to provide the needed care.

Hold Negligent Property Owners Accountable

Under premises liability law, an accident victim can seek compensation from a property owner if the individual had permission to be on the premises, and if the injury was caused by the defendant’s failure to meet the appropriate standard of care. People or entities who own or control property owe varying degrees of care to visitors. For example, they owe the highest duty of care to invitees, or individuals on the property for a business purpose. These include diners at a restaurant, customers in a store, or patrons of a hotel. Property owners owe a slightly lower duty of care to licensees, or social guests, and a very limited obligation to trespassers.

To hold a defendant accountable in a premises liability claim, a victim would normally have to show that he or she was either an invitee or licensee, that the property owner failed to exercise the appropriate level of care, and that injuries resulted. Children, however, are owed a special duty of care under Florida common law and statutes. A property owner may be liable for a child’s injury even if he or she did not have permission to be on the property.

Attractive Nuisance and Swimming Pools

Property owners have a duty to protect children from artificial conditions on their premises that are likely to capture the interest of young people and could threaten their safety. This is called the attractive nuisance doctrine. Property owners who are in this position must take reasonable measures to either remove or warn of the hazard. These dangerous conditions include swimming pools, trampolines, and lawn equipment.

Property owners must take particular steps to protect children from accidents in a pool. The state’s Residential Swimming Pool Safety Act requires them to equip these areas with at least one safety measure, such as a fence, in order to prevent injury to a young person. If your child has fallen victim to this type of accident, you can pursue compensation from a property owner who was at fault. You can potentially recover damages for current and future medical costs, rehabilitative care, pain and suffering, and other harm. You can file a wrongful death claim in the tragic event that your child was fatally injured on someone else’s property. There is a time window of two years to pursue a personal injury lawsuit, and two years to bring a lawsuit for wrongful death.

Lawyers Fighting for the Rights of West Palm Beach Children

Frankl Kominsky offers dedicated representation to children and their families in premises liability cases. Our injury attorneys are prepared to try and help you hold a negligent property owner accountable in West Palm Beach. We are committed to providing aggressive advocacy during settlement negotiations or at trial and will tenaciously fight for compensation. We serve accident victims in communities such as Delray Beach, Boca Raton, Palm Beach Gardens, and Lake Worth. Please call us at (561) 609-1948 or complete our online form to schedule a free and confidential consultation. We speak Spanish and Creole.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon