In a bizarre accident involving the shooting of a spear, the victim miraculously survived. According to an article in the Palm Beach Post, Nasser Lopez survived the June 8 accident where he and his 15-year-old friend were relaxing at the lake near Lopez’s Miami-Dade home. Lopez was swimming in the lake while his friend was manipulating a spear gun at a distance. While the friend was loading the spear gun, he touched the trigger, catapulting the three-foot long spear towards Lopez. Our Palm Beach County personal injury lawyer appreciates that accidents can occur even in the unlikeliest of settings.
According to reports, the spear accidentally fired by the 15-year-old struck Lopez and went through his skull and brain. Doctors from the University of Miami/Jackson Memorial Hospital and the Army Trauma Training staff that helped treat Lopez produced the remarkable x-ray that shows the spear protruding from the front to the back of his skull. Doctors who treated Lopez reported that the spear entered Lopez’s head about an inch over his right eye and exited in the back of his head. According to neurosurgeon Ross Bullock, Lopez was able to survive this terrible accident because the spear missed all the main blood vessels of the brain. Although Lopez has miraculously survived, he has undoubtedly suffered major brain injury, causing an indefinite stay in the hospital in order for doctors to further treat him and have a better idea of the extent of his injuries.
It is true that the 15-year-old friend’s actions on the day of the incident were accidental and he had no intention to cause harm or injury to Lopez. However, the case is a good reminder of the way that age may play a role in possible injury lawsuits in Florida.
Although the friend had no intent, he is nonetheless the responsible party for Lopez’s severe injuries. Through the theory of negligence, Lopez’s friend can be held accountable for the accident.
The theory of negligence is based upon the premise that an individual owes a duty of care to everyone else, requiring him/her to act as a reasonably prudent person would under similar circumstances. However, it would be unfair to hold children to this same standard. Therefore, tort law has provided a more lenient standard for children in relation to negligence. The standard of care owed by children between the ages of four and 18 is that such a child in that age range owes everyone the care of a hypothetical child of similar age, experience and intelligence acting under similar circumstances. This is the standard of care that Lopez’s friend had a duty to owe.
Theoretically, Lopez’s 15-year-old friend should be held liable for the injuries suffered by Lopez. However, because the standard of care applicable to children is very flexible and subjective, the duty of care that children owe to individuals around them is calculated more leniently.
Unexpected accidents can occur even in the unlikeliest of situations, causing serious personal injuries. It is important for the victims of these accidents to seek the help of a Palm Beach person injury lawyer in order to protect their legal rights in the quest to obtain compensation in their recovery. Please contact The Law Office of Eric H. Luckman for a free consultation.
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