News that the parents of a school shooter were themselves convicted in connection with the incident raises the question: Under what circumstances, if any, can a parent be held civilly liable for damages and injuries caused by their child?
A finger on the hand of Miami Beach hotel clerk was severed when an eight-year old girl forcefully slammed a door on it. That was in 1955 and when the injured clerk sued the parents, the case went to the Florida Supreme Court, which ruled a parent is not liable for the torts of a minor child merely because of paternity. That’s the general rule to this day. But as in most things legal, there are exceptions to the rule:
1. When the parent entrusts an instrumentality to a child that could cause a danger. Examples: a two-wheel bicycle without training wheels entrusted to a five-year old child; a baby stroller entrusted to a five-year old in a busy department store, and a loaded pistol left within reach of children.
2. When the child is acting as the servant or agent of its parents.
3.When the parent directs or sanctions the wrongdoing; and
Case in point: Mother of a 16-year old not liable to son’s friend who died after falling off a ATV being driven by her son. Case in point: Two teenagers playing with croquet mallets and one strikes the other on the head. Held: Parents not liable. Every case is different, and each turns on its own factually specific circumstances. But Florida law requires a showing of one of the exceptions listed above to hold a parent liable for damages caused by their child.
The catastrophes are well covered: The obese teenager falling hundreds of feet to his death. A 6-year old dies after being thrown from a roller coaster in Kissimmee.
But really, how safe are you, or aren’t you, when you go to an amusement park in Florida?
Truthfully, it’s hard to tell. There are no reliable statistics. The only reporting is self reporting by the amusement park rider operators themselves. And if they don’t report it, there’s no way to know.
And Florida law just made it harder to find out. The Legislature and Governor passed a new law exempting from the public records act the records of state investigations of accidents on amusement park riders until the state finishes its investigation. Very pro industry.
Except for Disney and Universal, (parks with more than 1,000 employees and full time inspectors on staff), amusement park ride operators in Florida are regulated by the FDACS—the Florida Department of Agriculture and Consumer Services.
The Department is responsible for enforcing the safety standards which are set by statute for amusement park rides. That’s Florida Statute 616.242 to be precise. Among other things, the safety standards require:
– For permanent rides, annual inspection by a qualified inspector – For a ride installed at a temporary location, inspection by a qualified inspector each time the ride is relocated – Defects affecting patron safety must be reported in 8 hours (but only if it results in the ride being close) – $1-million insurance – Employee training records must be maintained – The owner or his employees must inspect daily, and maintain daily inspection reports for 14 days – Any modification to the ride equipment or machinery must be reported to the department – Patrons requiring transport to a hospital must be reported by telephone within 4 hours, with a written report within 24 hours
The Department even maintains a 24-hour hotline for reporting accidents on fair rides. 1-800-663-3542.
The problem with all this is that to a great extent, it depends on the honor system–self regulation by those being regulated. Self policing by those being policed. If the rider owner or manager doesn’t report it, or doesn’t fix it, who’s to know? Until it’s too late.
Case in point: That is exactly what happened to Tyre Sampson, the obese teenager who fell 400 feet to his death in Orlando on a ride to which the operator had modified the sensors and seats but never reported the modifications as required by law.
Amusement parks are rife with conditions conducive to accidental injuries. The attractions and installations are designed to catch your eye, amuse and thrill you. But the installations can also result in slip, trip and fall injuries–many minor but some far more serious with fractures or concussions. Roller coasters can aggravate neck and back injuries, and rides that jolt the rider can, in the extreme, cause traumatic brain injury.
You assume some risk when you go to an amusement park. But the risk you assume is the risk inherent in the safe operation of the ride. You do not assume the risk of careless maintenance, or the risk of a preventable malfunction or the risk of operator error by an operator who was careless or untrained or drunk or all three.
As showcased on ABC News, Semi-tractor trailer trucks, those big 18-wheelers pose a particular hazard on the highway because their size and weight can cause huge damage in a crash, and because they have big blind spots.
A big semi-tractor has blind spots in front of it, behind it, to the left and to the right. The chart here shows where the trucker cannot see. And if the truck driver can’t see you, you’re in danger. So avoid the areas shown on the chart when you’re on the highway.
After an accident with a truck, it is important for your lawyer to place the trucking company on notice to preserve all relevant records, including (but not limited to) those required by the Federal Motor Carrier Safety Administration, the federal government agency that regulates truck safety.
Twice in my career, I represented young men who sustained permanent brain damage in collisions with a big truck on the highway. Neither one of them could tell me how the accident happened. The brain injury took away any memory of it. We had to forensically re-construct what happened and prove what happened using witness’ accounts, circumstantial evidence, and forensic expert witness testimony. These are hard fought battles. Today, both of the young men I refer to are doing well after fighting their way back through years of therapy.
Poor Mr. Yentes. He developed complications after undergoing a robotic prostatectomy, and sued his doctor for not revealing that the doctor had never performed the procedure, or had only performed it on a limited basis and that there would be a proctor (teacher) attending as well.
If he had known, Mr. Yentes claimed, he never would have consented to the operation. He even filed an affidavit by a board certified expert stating that the failure to inform the patient of the physician’s limited experience in performing the procedure was a “deviation from the standard of care” for which the physician would be liable for medical malpractice.
The Florida’s medical consent law says that a doctor is immune from suit for operating on a patient who has consented in accordance “with the standard of practice”. The law requires disclosure of the risks inherent in the procedure, but does it also require disclosure of how many times a physician has performed the procedure? So was the consent obtained really “informed?”
The trial court threw out Mr. Yentes’ case, but the appellate court threw it right back, overruling the trial court and allowing Mr. Yentes to have his day in court and tell his story to a jury. At trial, there will be two issues: first, was Mr. Yentes informed in accordance with the appropriate standard of care, and second, whether a reasonable patient would have foregone surgery if there had been disclosure.
• In Midtown Miami: NE 2nd Ave. and NE 36th Street • In West Kendall: SW 117th Ave. and Kendall Dr. • In Coconut Grove: S. Dixie Highway every intersection south of I-95 • In South Miami-Dade: SW 117th Ave. and SW 152nd St. • In Fort Lauderdale: A1A and Las Olas Blvd. • In Miami Beach: Alton Rd. and Dade Blvd. • In Doral: NW 87th St. and NW 36th St. • In Miami: Brickell Ave. Bridge • Pembroke Pines: Pines Blvd. and S. Flamingo Rd.
And remember, if you’re in an accident,
• Call 911 • Move your vehicle out of the flow of traffic if possible • Exchange driver’s information • Get yourself checked out • Take pictures
Because of lax regulation–surgical centers have to register, but not be licensed–South Florida has grown into destination for medical tourists looking for discount pricing on the popular but complicated procedure, the Brazilian butt lift.
When correctly performed by a board certified surgeon, the procedure can be safe, effective and expensive at a cost of $5,000.00 to $15,0000.00. So many turn instead to lower prices offered at unlicensed surgery centers, with lower standards of hygiene and infection control, and ill-equipped in the event of an emergency complication.
Typically doctors at such centers are not board certified and have no insurance. They’re employed as “independent contractors,” so the surgery center can deny liability for the doctor’s malpractice. Patients sign release and waiver forms, further compromising their rights.
After the procedure, patients often stay in substandard recovery houses where they must lie on their stomachs for two to four weeks after the procedure–sometimes exposed to conditions that can breed infection. Under these circumstances, collecting money damages for the victim of a botched butt lift–by identifying a defendant with the financial capability of paying for the damages–can pose difficult challenges for even the most aggressive of lawyers.
Personal Injury Attorney Mark Wolin proudly serves Florida and South Florida communities in Miami-Dade County, Monroe County and Broward County including Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Gardens, Biscayne Park, Davis Harbor, El Portal, Hallandale, Hallandale Beach, Hialeah, Hollywood, Hollywood Beach, Liberty City, Little Haiti, Little River, Miami, Miami’s Upper East Side, Miami Beach, Miami Gardens, Miami Shores, North Bay Village, North Miami, North Miami Beach, Opa Locka, Pembroke Pines, Pembroke Park, Sunny Isles Beach and Surfside, Florida. View our privacy policy here.
