The loss of a child is never easy. It is heart-wrenching, devastating news for anyone, even those who didn’t personally know the child; for the parents, it is a life altering loss. While time can heal, even though some may not think that’s possible, things will never be the same. The story of this Florida lawsuit follows.
A Combination of Two Types of Cases
That is the truth that one Florida mom is contending with every day since she lost her four-year-old daughter last year. The little girl lost her life in what some would call a fluke accident. The Florida lawsuit that has resulted is not really a car accident case, nor is it a classic premises liability case. The unusual circumstances of the accident have led to it being considered a combination of the two.
It was a normal weekday. The four-year-old had been dropped off at daycare as usual. The center focused on childcare and early learning, which likely made the mom feel good, knowing that her child would be enriched by the experience.
Unfortunately, the building was located in a relatively high speed zone. With a posted speed limit of 45, it is not unusual for cars to be traveling at five or ten miles per hour faster than that. At such speeds, an accident can be fatal. Most drivers realize that, but for a mom who had left her daughter safe and sound at preschool, there wasn’t any thought about potential crashes.
Not all that far from our beloved St. Petersburg, in Orange County, one vehicle was travelling at those speeds when it smashed into the back end of another. The impact sent the second car barreling through the adjacent parking lot and into a building – the building where the child was playing. That car hit the building with such force that it broke through and slid into the daycare area. The-four-year old was right in the path of the destruction.
Providing a Safe Environment
According to Florida State Law, property owners in Saint Petersburg, Orange County, and all other areas of the state, must be diligent about providing a safe environment for all visitors in order to avoid a Florida lawsuit. Whether visiting for the sake of friendship or for the sake of business, a person should be able to expect to avoid potentially life-threatening hazards. To be clear, the law says that the property owner must correct or warn others of known hazards (including those that should be known by reasonable care). These are generally considered obstacles or hazards that would not be immediately obvious to the visitor.
The mother of the child is suing both the driver of the first car for negligence and the owner of the daycare for premises liability, in a Florida lawsuit. She has hired a personal injury attorney to represent her case, and the argument has already been made that the owner of the property should have known that this was a potential hazard as a result of the fact that this was not the first time a car has slammed through the side of the building. Winning this case will not bring her daughter back, but it could help with some of the expenses related to the loss, and it may also prevent the same sort of tragedy from happening again to someone else’s child.