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Criminal Law

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CASES - Civil

By Jeffrey Ivashuk

Torts -- Automobile accident -- Injuries to minor -- Action against caretaker on behalf of minor injured in automobile accident alleging caretaker breached common law duty to use reasonable care in caring for child by failing to use proper child passenger restraint -- Statute stating that ?[t]he failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence? does not prohibit introduction of any evidence of the failure to provide and use a proper child passenger restraint in a negligence action brought by an injured child against a caretaker who allegedly failed to secure the child in such a device prior to the automobile accident that caused the injuries -- Statute interpreted as prohibiting evidence of comparative negligence and evidence of negligence that may be similarly used to reduce an injured child's recovery -- Court rejects defendant's contention that statute is, in essence, a grant of immunityReported at 33 Fla...continue to full post

Full post as published by JAABlog on February 16, 2008 (boomark / email).