Legal Question in Personal Injury in Florida

My child was at a campground and got injured on the playground, there are signs that say play at your own risk but we did not sign any waivers, can they be held responsible for the injury?

Asked on 4/05/13, 4:00 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary
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If the campground was negligent in some fashion, there is no waiver of that negligence. If there was an attractive nuisance and your child is of a certain age then the campground may be responsible for that. All of this presumes that there is some permanent injury. Without a permanent injury the claim has little value. the campground may have insurance coverage and that may include some medical benefit coverage. You should request that information from them if you dont have an attorney who will do it for you.

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Answered on 4/05/13, 5:20 am
David Burns David H. Burns, P. A.
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The sign does not prevent a claim on behalf of the minor child. There might be premises medical payments coverage available without regard to fault. Otherwise, you will have to prove negligence on the part of the owner of the campground to recover on behalf of the child. If someone other than yourself, the child or the campground owner is at fault, you may be able to recover from that person.

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Answered on 4/07/13, 9:13 am

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