An alligator drowned a boy in the lagoon of a Disney hotel. The internet is filled with videos and articles asking if Disney is at fault. Others are asking if the parents are to blame for not better watching their child.
If the parents are at fault for not properly watching their child, does this reduce the value of their wrongful death case?
Premises Owner Can Ask Jury To Blame Child’s Parents
In Florida, in a personal injury case against a premises owner, the owner can ask the jury to place blame on the child’s parents for not properly supervising him/her. The same is true in a wrongful death case.
Child’s Case Value is Reduced by Parent’s Percentage of Fault
If the jury assigns blame to the parents for not watching their child, the personal injury or wrongful death claim is reduced by the percentage of the parents’ fault.
Example – Case Value is Reduced by Parent’s Percentage of Fault
Assume the boy’s parents sue Disney for allowing an alligator to be in the lake, and kill their child. Assume a jury finds Disney 50% at fault, and the parents 50% at fault.
In the wrongful death case, the total verdict is reduced by the parent’s percentage of fault, which is 50%.
After you calculate how much the parents’ may receive for pain and suffering for the death of their child, you decrease that amount by 50%.
So if a jury awards $2 Million to the boy’s parents for their pain and suffering, you cut that number in half (by 50%).
This would mean that the parents would get $1 Million dollars for the pain and suffering associated with the death of their child.
The parents would also be entitled to recover 50% of the funeral expenses.
Still Get Compensation As Long As Premises Owner is 1% Negligent
As long as a jury finds that the premises owner’s negligence caused the child’s injury, the child is entitled to recover damages. This is true even if the parents are 99% at fault.
The jury verdict is reduced by the percentage of the parents’ fault. If the parents were 99% at fault, but the owner is 1% at fault, the parents can recover 1% of their damages.
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