Parent Responsibility or Fault in Child Drowning Lawsuits
Under Florida law, a child six and under is presumed not responsible for any injury or death that might occur by it’s actions.
A child six and over, that decision will be made by a jury. A jury is going to look at whether or not a child of like education and background would be able to understand the situation that he is in and would act in a manner to protect, himself.
Though a child might not be found liable for his death. A parent might.
A parent has an obligation to monitor the child. If a jury finds that the child is not monitored properly by it’s parent. A jury might assess comparative fault against the parent in any wrongful death claim brought by the parent.
What we do in these situations, we retain the appropriate experts. Including child psychologists in order to lessen any comparative fault.