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Fort Lauderdale Personal Injury Attorneys > Blog > accidents > Child Okay After Fall From Fourth Floor

Child Okay After Fall From Fourth Floor

accidentParents of a three year old girl are undoubtedly thanking their lucky stars after their toddler escaped serious injury in a fall from a fourth floor window in a Miami apartment building. The child and her family were visiting a friend at the apartment building, where she and another child were playing near a screened bedroom window. The screen popped out and the little girl fell out – fortunately she fell into bushes and mulch beneath the window that broke her fall. If she had fallen onto pavement, the result might have been a very different and tragic one. As it was, the girl suffered only minor injuries and is expected to be fine.

Finding Fault For Accident Injuries

As thankful as we are for the fortunate outcome in this case, in many similar cases the result is not as positive. When things like this happen, we struggle to find answers to the question of who is responsible and what can be done to recover for our losses. Seeking the advice of an attorney experienced in personal injury cases is important to get information about exactly what remedies are available to you to compensate for your loss. It may be that the apartment owner has responsibility; under the theory of premises liability, a property owner has the responsibility to make sure that the property is safe for their visitors and, so long as others are on the property for lawful reasons – and certainly a visit such as this would fall into that category – if they are hurt due to something that the property owner either knew or should have known about, the property owner could be held liable. In this case, for example, it would be necessary to look into whether the property owner knew that the screen was loose or could potentially be knocked loose by children bumping into it. Further questions may arise regarding whether the liability falls to the renter or the actual property owner, such as the apartment management, based on the individual facts of the case.

And Worse

What about in cases that involve even worse results? What if, in a scenario such as this, the child had suffered severe injuries and died? In this type of case, it might be appropriate to pursue a wrongful death action to be compensated for your loss. Under Florida Code Section 768.19, if a person dies as a result of a wrongful act or negligence of another person and, had they survived, they would have been able to file an action against that wrongful or negligent person for their losses, then their survivors may be able to recover for their losses under the Wrongful Death Act.

Let Boone & Davis Help You Determine Your Options

If you have suffered a loss as a result of someone’s negligence, you likely have questions about how to proceed. The attorneys at Boone & Davis in Fort Lauderdale can help. Determining which type of action to pursue is difficult and you need the help of an experienced legal professional who will be able to analyze your case and help you determine the best way to proceed. It is important to start out on the right foot, and at  Boone & Davis, we can help to ensure you get things going in the right direction from day one. Contact us online or call us at 954.556.5260 and schedule your time to meet with us today.



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