How Does Comparative Negligence Work For Children In Florida?
In Florida, if you suffer severe injuries in an accident because of someone else’s negligence, you can file a personal injury claim and recover compensation. However, if you are partially to blame for your accident, your compensation will be reduced by your percentage of fault. According to the pure comparative negligence rule that Florida follows, if, for example, you are 20% to blame for your accident and the other party is 80% to blame, the compensation you recover will be reduced by 20%.
If your child was injured in an accident because of another person’s negligence, you might be wondering how the comparative negligence rule will affect your child’s injury case. Below is a discussion about how comparative negligence works for children in Florida.
Disclaimer: The following discussion is for informational purposes only. If you are looking for legal advice, please get in touch with an attorney.
How Does Comparative Negligence Work for Children in Florida?
If your minor child was injured in a Florida accident, the issue of comparative negligence is likely to come up. So, what does Florida law say regarding the comparative negligence of minor children? In Florida, children are treated differently in regards to liability. According to Florida law, children below the age of six are presumed not capable of negligence. Therefore, if your child is below the age of six years, the issue of comparative negligence generally should not worry you. The at-fault party cannot argue that your child, who is below the age of six, is partly to blame for their accident and injuries. Even if your child ran into the street and got hit, the driver cannot argue that your child is negligent.
However, if your child is six years or older, the at-fault party may bring up the issue of comparative negligence. According to Florida law, children aged six and above can be negligent. According to the law, children aged six and above have some understanding that they need to use safety precautions and act cautiously. That said, sometimes, even a child who is approaching their sixth birthday can be found comparatively negligent.
Still, older children are treated differently than grownups. According to Florida Standard Jury Instruction 401.5, as it pertains to a child aged six years or above, “reasonable care” is the level of care that a reasonably careful child of the same intelligence, age, mental capacity, training, and experience would use under similar circumstances. This means that in determining whether your child is comparatively negligent, the jury will consider your child’s age, their mental capacity and developmental ability, and your child’s training and experience.
Many factors need to be considered when determining whether a child is comparatively negligent. Because children develop at different rates, a child’s individual maturity must be taken into consideration when deciding on matters to do with comparative negligence. A qualified personal injury attorney can help ensure that all relevant factors are taken into consideration in your case.
Contact Us for Legal Help
If your child was injured in a Florida accident and you need help pursuing compensation from the at-fault party, our Orlando personal injury attorneys at The Pendas Law Firm can help. We can help protect your rights and the rights of your child. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Fort Lauderdale, Fort Myers, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Ocala, and Miami areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
