Fort Myers – The family of an 11-year-old boy is suing SWFL Christian Academy after their son was struck and killed by lightning while attending school.
The family decided to file a civil lawsuit against the school, claiming the school was negligent. The family says their son's death was a result of carelessness, recklessness, and negligence on behalf of Southwest Florida Christian Academy and McGregor Baptist Church.
The wrongful death lawsuit maintains that Southwest Florida Christian Academy, who is a member of the Florida High School Athletic Association, should adhere to the rules that govern and regulate school athletics. According to the suit, the FHSAA requires each member school to maintain an operational automated external defibrillator on the premises. Also, each school is required to ensure that the school's employees and coaches receive training to operate the device in the event of an emergency.
All employees and coaching staff are required to complete either a basic first aid course that involves cardio pulmonary resuscitation or a course in cardio pulmonary resuscitation. The victim's family contends that if Southwest Florida Christian Academy had complied with the law, that their son would probably be alive today.
The FHSAA has set guidelines for lightning safety and supposedly on the day of the lightning strike, there wasn't any kind of a lightning device on the practice field, and the school didn't have an evacuation plan in place in the event there was lightning.
In a state such as Florida where there is a strong likelihood of violent storms and hurricanes, all schools should have a lightning evacuation plan and an automated external defibrillator in case the worse does happen during one of these storms and a child is struck by lightning.
At Pittman Law Firm, P.L., we handle all types of personal injury and wrongful death cases, including those that involve injuries to children. When children are injured or worse, killed in an accident or on someone else's property as in a car accident, a boating accident, a dog bite or attack, or in a drowning or lighting strike, then negligence is usually always a dominating factor in the incident. If your son or daughter has been injured as a result of negligence or recklessness, then we urge you to contact our firm at once to discuss filing a claim for compensation, we are here to help.