Florida Child Injury Lawyer Blog

For many, July 4th is a fun day filled with swimming, BBQs, baseball games, and, yes fireworks. There are many forms of fireworks. Some fireworks are big shows run by cities and Disney World. While other firework displays are much smaller in size and reach, some people including children play with Sparklers. Compared with the big bang and lights of some fireworks, Sparklers seem like harmless fun; however, looks and power can be quite deceiving when considering Sparklers. Emergency room doctors and other health care providers know the consequences, dangers and harm caused by Sparklers. The Salt Lake Tribute reported that Sparklers burn a a temperature in excess of 1,200 degrees Fahrenheit. Some experts estimate that 1/3 of fireworks related injuries are attributed to Sparklers. You can read more about this story at Sparklers Cause Personal Injury to Children and Others.

It is always best to have adult supervise when there are Sparklers or any other fireworks in use. It is well known that children lack good judgment. This is especially true when children are in awe and distracted by the presence of fireworks and anything that is ignited. Consistent safety precautions and supervision can help prevent serious personal injuries to children from fireworks.

The St. Petersburg Times published an article that provided parents and caretakers regarding the major types of household accidents that result in serious injury and sometimes death. Kids are at home more during summer months than during the school year period. Therefore, parents and caretakers need to be aware of these types of accidents in order to ensure a safer environment for their children during summer vacation.

Water-related injuries:
Drowning is the leading cause of death for children ages 1-4. Putting a safety fence around a pool is great way to prevent a child's access to the pool. However, infants can drown in very small amounts of water, such as a 5-gallon bucket. Thus, parents and babysitters need to be extra careful to not leave children around open areas of water.

Playground Equipment:
The Consumer Federation of America reported that almost 70% of injuries on home playground equipment are due to falls. Playground equipment should be surrounded by surfaces that are much more forgiving than concrete, dirt or grass.

Sun:
The most preventable risk factor for skin cancer is exposure to the sun. Properly dress and shade children in order to protect them from the sun's power ultra-violet rays. Sunscreen application is also mandatory; choose a sunscreen that protects against both, UVA and UVB, rays.

Poisons:
Lock up all toxic chemicals and medications located within your home. Keep a Poison Control Center number handy at all times in case a child or adolescent does ingest chemicals.

To read more safety suggestions for children during the summer see Summer safety for children and adolescents.

The Consumer Product Safety Commission (CPSC) estimated that about 10,000 people per year go the emergency room from escalator-related injuries; 20% of these injuries involve trapped feet, hands or shoes. In 1997, the Journal of the American Academy of Pediatrics a group of physicians reported, "Young age, inadequate adult supervision, improper activity while riding on the escalator, and escalator-related mechanical problems all increase the risk of injury."

The CPSC offered these safety tips to people who wish to continue to use escalators:

1. Make sure a child's clothing is not loose or dangling. Shoelaces, drawstrings, scarves and mittens can become easily entrapped by an escalator.

2. Always hold your child's hand.

3. Children should not be allowed to play on the steps of an escalator.

4. If you are carrying your child in a walker, stroller, or cart, use an elevator.

5. A parent, caretaker or babysitter should always face forward and hold the handrail. If you fall, you place your child at a higher level of risk for sustaining escalator-related injuries.

6. Avoid the edges of the escalator's steps; this is where entrapment occurs.

7. Always pay attention and be alert while on an escalator with your children. Know where the emergency shut off is.

Parents should always supervise their children as well as prohibit their children from running or playing while riding an escalator. Parents should model the appropriate way to ride an escalator and inform their children of basic safety measures. To read more about this topic is Escalator safety tips.

A little after 10 PM on Saturday, June 19 the residents of a Jacksonville home found their neighbor's children, ages 3 and 6, unresponsive in their pool. The Jacksonville Fire and Rescue Department transported the children to a nearby hospital where they were pronounced dead. The children were later identified by the Sheriff's Office as Gerard Chinonso Ibeagwa, 6, and Blessing Chinonyesen Ibeagwa, 3.

The home with the pool is located on the 2600 block on Sunrise Ridge Lane, surrounded by a privacy fence and has a security sign on the gate.

The Florida Department of Children and Families is investigating the case for the presence of neglect, said the agency's spokesman John Harrell. DCF investigators are trying to determine whether the children had been left alone, and if so, for how long. To read more about this accident see Two children drown day before Father's Day in Arlington home.

Drowning is the leading cause of death for children ages 1-4. During the summer months backyard or community pools and area beaches are visited more often by children. Parents, caretakers and babysitters should protect children from water-related injuries. Inform children of the dangers about water, keep an eye on children at ALL times, NEVER leave a child unattended in a body of water and teach them how to swim are just some basic safety methods parents and caretakers can use to protect their children. To see more water safety tips see Importance of Water Safety for Children - Tips for Parents, Camp Counselors, Teachers, Day Care Providers and Others.

United States District Judge Mary S. Scriven scolded Patrick Connolly as she handed down a 30-year prison sentence in an Orlando, Florida Federal Court. Connolly, a former military contractor, pleaded guilty in January to one count of sexual exploitation of children. 30-years was the maximum sentence that Scriven could impose on Connolly, however, Scriven said she would have sentenced him to life if she could.

Connolly was convicted of hacking into girls' computers and forced them into making child pornography of themselves. One girl told authorities she was told her sister would be hurt unless she provided pornographic photographs of herself. Several complaints, similar to this one, filed by Brevard County girls led to a criminal investigation about 5 years ago. Investigators eventually arrested Ivory Dickerson, a North Carolina civil engineer. after detectives found over 1 million pornographic images on his computer. As part of his plea agreement, Dickerson pointed investigators toward Connolly. Dickerson was sentenced to 110 years in prison in Orlando Federal Court in December 2007. The FBI eventually arrested Connolly at Hartsfield-Jackson Atlanta International Airport.

Victims of Connolly's extortion live in multiple states: Florida, Texas, Michigan, North Carolina, and Louisiana. One mother of a victim testified at Connolly's sentencing hearing that Connolly "entered their home through the Internet and spread like a cancer." One of his victims, a college student at the time of the extortion, testified that she felt like a prisoner. She stated that Connolly threatened her to not to move her web camera and keep her from going to class. To read more about this topic see Former military contractor (Patrick Connolly) sentenced to 30 years for sexual exploitation of children.

The Internet has brought significant changes into our society, especially concerning one's privacy. Parents need to restrict their children's access on the Internet. You can consult with your internet service provider regarding the basic steps to take to heighten your security on the Internet.

Mascotte brothers, Duncan Freeman, 10, and Jason McKinney, 12, were presented with lifesaving awards by police and fire officials after the boys ran back into their blazing house to save the lives of their two younger sisters. The awards were signed by Police Chief Steve Allen and Fire Chief Randy Brasher. Brasher said he has never seen such heroism from kids this age in his 23 years as a firefighter. The children were at home with their grandmother, 62, when an electrical fire set the house aflame; the parents were at a grocery store.

Duncan, who will be in fifth grade, rushed through the flames and black smoke to retrieve his sister Lydia Freeman, 5. He carried Lydia out "like a football" so she would not inhale the suffocating smoke. Mandy Freeman, 29, the parents mother was unaware of her boys' heroism until an officer called to tell her about the incident. The family lost their house and everything inside, but not one family member died except for the family's pet guinea pig, Mia.

Electrical fires are fires that are caused by potentially energized electrical equipment and are generally caused by short-circuited machinery or overloaded electrical cables. A basic effective and cheap safety method to avoid these types of fires is to unplug any electrical device when that device is not in use. Also, do not overload power outlets or extension cords. To read more about these young boys' heroism see Brothers rush into home to save younger sisters from house fire.

Drowning-related deaths and other water-related injuries are on the rise during this summer time. Unfortunately, the State of Florida sees its fair share of drowning related deaths and injuries. Some result from the negligence of others including improper supervision and inadequate fencing and barriers. The American Academy of Pediatrics reported that the leading cause of injury-related death in children is drowning. Each year, more than 1,400 children, under the age of 20, drown. Also, it is estimated that for every drowning at least 1-in-4 children suffer a non-fatal injury requiring hospitalization. Non-fatal drowning-related injuries can cause brain damage, long-term disabilities, memory problems, learning disabilities, and permanent loss of brain function.

The two most important preventative measures a parent or caregiver can take is to maintain constant supervision and learn to swim. Parents and caregivers should never, not even for a brief moment, leave a child alone or with another young child in a bathtub, pool, hot tub, spa, kiddie / children pools, near irrigation ditches, ponds, lacks, rivers, creeks, oceans or other open standing water.

An article by HealthNewsDigest.com provided other safety measures a parent or caregiver can take to prevent drowning or other water-related injuries:

1. Children who cannot swim should always wear an approved personal flotation device (PFD) in and around the water.
2. Children should NEVER be left alone in the water.
3. Know the area you and children are swimming in. This includes tides, rip currents, deep and shallow areas and approved diving areas.
4. Do not mix alcohol and drugs with swimming.
5. Do not go swimming in unfavorable conditions such as bad or rough water.
6. Keep a phone nearby at all times to call 9-1-1 in case of an emergency.
7. Enclose pool areas with safety gates and keep lifesaving devices nearby.
8. If a pool is covered, completely remove these covers before swimming.

You can read more about this topic at Water safety tips.

A 3-year-old girl fell out of a third-story window in Volusia County, Florida. The child sustained a “substantial” head injury according to police. An investigation by the Daytona Beach police indicated that the child was leaning against a window screen when it gave way, resulting in the fall. When police arrived, the child was found face-down in a pile of mulch adjacent to a slab of concrete. It is unknown whether or not the child hit their head on the concrete slab. The child was rushed to Halifax Hospital with a “substantial” head injury. Police stated the mother of the child, Cecily Miller, was in another room at the time of the accident. Miller heard a strange sound followed by her daughter crying and then observed her on the ground. The case is being treated as an accidental fall. To read more details on this accident see 3-year-old girl falls from her third-floor window.

This is a very unfortunate incident for the child and her mother. Children have a tendency to wander off and get into things. A safety precaution that could prevent unfortunate accidents similar to this one is a window guard. Child safety experts report that that window screens are an insufficient safety device and that window guards increase protection for your child. You can read more on window guards at Installing window guards for your child’s protection.

The number of child injuries and death caused by inflatable amusement rides, such as inflatable slides, moon bounces, and bounce houses has increased since 1997. A study reported by the Consumer Product Safety Commission (CPSC) revealed that injuries resulting in emergency rooms visits have increased from an estimated 1,300 injuries in 1997 to 4,900 in 2004. From 2002-2005 CPSC reported 4 deaths caused by inflatable amusement rides: 5-year-old killed after falling off an inflatable obstacle course head first; 18-year-old died after falling off an inflatable slide; 21-year-old died after breaking his neck while jumping in an inflatable bounce; 24-year-old killed after he fell off an inflatable climbing wall and struck his head on the pavement. To read more about this topic see Dangers of inflatable amusement rides.

These inflatable devices are usually found at fairs, carnivals, parties, and other events. Children and adults need to take extra precautions if they intend on using these inflatable amusement rides. Parents, care takers, babysitters, and the people who own these rides should limit the number of people allowed in a moon bounce; the less people in the moon bounce the safer the device is. As for the climbing inflatable devices, people using these should be aware of the device’s surroundings: Is there a safety harness to attach to you? Is the climbing device surrounded by concrete or safety barriers? If the device looks old or unsafe, children should avoid using these rides in general.

Safety precautions and supervision are key to keeping children and people safe on inflatable slides, bounce houses, and moon bounces. It is well known that children have poor safety awareness. As such, supervision and control by a responsible adult are necessary to prevent serious child injuries from inflatable slides, bounce houses, and play areas.

Shantel Patrice Wilcher, operator of an unlicensed day care, pled guilty to manslaughter in a Florida criminal case that was brought against her. Wilcher, who left a one-year-old boy in a truck for two hours in temperatures exceeding 90 degrees, faces up to 15 years in prison for the manslaughter of the toddler. The child was left in the vehicle while Wilcher went into a store with her two teenagers and the child’s 3-year-old brother. After unsuccessful attempts to resuscitate the child, Wilcher called 911 to report the incident, the toddler was pronounced dead at the scene.

During 2006 and 2007, Wilcher operated a licensed day care. However, due to failed inspections and repeated citations for inadequate supervision, the Florida Department of Children and Families (DCF) fined her $500 and closed the day care center During the time of the incident, Wilcher was operating an unlicensed day care. DCF fined Wilcher $30,500, in December 2009, for her operation of the facility; a record high fine for DCF at the time. The fine has still not been paid; other legal options are being considered as well.

The toddler’s death is a tragedy for the family and the community. Parents, care takers, day care providers, and babysitters have a duty to care for and protect children. Wilcher’s poor judgment resulted in this toddler’s tragic death. Lawmakers are passing bills mandating day care providers divulge pertinent information regarding their status as a provider, including any prior investigations and citations received by the provider. Hopefully, these new laws will help better inform parents of whose care they are putting their children under.

To read more about this incident see Operator of an Unlicensed Day Care Pleads Guilty to Manslaughter.

As the temperatures increase during the summer so do crowds at communitym public, residential, and hotel pools. Although pools are a great leisure activity for children, they can be extremely dangerous. Consumer Product Safety Commission reported that the number one cause of accidental death of young children was drowning for the year 2008. In fact, one out of every four deaths involved children younger than 14-years-old. For every fatality, four children are sent to the emergency room for water-related injuries.

The Daytona Beach News-Journal reported safety steps parents could take to protect their children from drowning-related death or injury:

1. Teach the basics:
Instill in your children, at a very young age, to never run or push others at a pool.
Also, teach them to swim in the presence of an adult.

2. Water is dangerous:
Explain to children that being in the water is not all fun and games; they will not
be able to breathe while under water.

3. Install safety devices:
Portable gates and alarms will keep children from wandering into a pool
unattended.

4. Drain covers:
Hair can get sucked and tangled into the drains of pools or hot tubs. Drain covers
prevents this from happening.

5. Purchase Swimming lessons:
Research has shown that the earlier a child receives swimming lessons the less
likely he or she is to suffer from a drowning-related injury.

To read more on this topic see Swimming Pool Safety.

A 52-year-old Alachua County school bus driver, Georgia Merriex, was cited after reportedly running into a car. The Florida Highway Patrol reported that Merriex was headed to Fort Clarke Middle School when a car stopped in front of her bus. Merriex tried to change lanes to avoid the collision but could not stop in time. Only one child on the bus complained of injury, a mild neck pain. All the other children on the bus continued on the trip to school. The driver of the other car did report any injuries. Merriex was cited with careless driver.

Luckily, no one in this collision suffered any severe personal injuries. Hopefully, the one child who did complain of neck pain recovers swiftly. Highways and roads are dangerous places for children. Added to their inherent dangerousness, is the increased amount of traffic during morning and afternoon commutes. All automobile drivers should be aware of their surroundings while driving. Driver distraction should be minimized. School bus drivers have the added responsibility of ensuring safe transportation of every child under their supervision. School bus drivers should be extra cautious so as not to jeopardize the safety of children and others while operating school buses on our Florida roads and highways.

To read more about this accident see Alachua County School Bus Driver cited with Careless Driving.

Charles Todd Stokes, 48, a former Florida teacher and resident, was convicted of traveling to Asia to have sex with young boys. Stokes traveled to Thailand in 2002 and remained there until his arrest in 2006. He was convicted by a federal jury after a four-day trial. Federal prosecutors stated Stokes engaged in sexual conduct with over 70 boys all under the age of 15. Two of the boys, 11-years-old at the time of the abuse, testified against Stokes. Prosecutors also stated to have thousands of photos of Stokes engaging in sexual conduct with the boys. Stokes previously lived in Miami from the mid-1980s through the late-1990s. Stokes will be sentenced on August, 25; he faces up to 30 years in prison.

Sexual abuse against children is a morally depraved crime. There are long term consequences and effects on children from the sexual abuse, both physical and emotional on the abused children. Suspected acts of any type of child abuse should be reported to law enforcement authorities so that a criminal investigation and be pursued. Child abuse should never occur but the unfortunate reality is that does. Therefore, reporting the crime as soon as possible is one of the ways to stop the abuse and get some protection for the abused child Read more about the charges at Former Florida resident convicted of having sex with young boys in Asia.

David Alan McBurnett, a Hernando County resident, pleaded guilty to manslaughter by culpable negligence and sentenced to two years in prison as part of a plea deal in a Florida criminal case brought against hin. The 20-year-old man was initially charged with fatally abusing his girlfriend’s one-year-old son. According to authorities, McBurnett was arrested after the child’s death in September for repeatedly hitting the child for crying. McBurnett’s Florida criminal attorney said the child was being abused but not by McBurnett. To read more details about this story see 20-year-old man sentence to two years for negligent manslaughter.

Physically beating / abusing a child for crying is abuse and perpetrators need to be punished. If you suspect a child is a victim of physical or emotional abuse, you should report your concerns to law enforcement authorities and / or the Florida Department of Children and Families so a criminal investigation can be pursued. Physical and emotional abuse has lifetime consequences for children and needs to be stopped as soon as possible.

Children have a right to bring civil cause of actions against their abusers. A Florida Child Injury Lawyer should be consulted to discuss the various legal issues and concerns you have regarding the abuse.

McDonald’s recalled 12 million of its “Shrek” drinking glasses after concerns that the glasses may have been tainted with cadmium. Cadmium is a used to create reds and yellows on glassware. McDonald’s created four different glasses each with a different “Shrek” character printed on them. The images were made with enamel baked onto them as opposed to being painted, a common industry standard. However, excessive levels of cadmium were detected, which alerted McDonald’s and the U.S. Consumer Product Safety Commission (“CPSC”). Although the cadmium did not exceed the current permissible level, it did exceed the new regulations that the CPSC are in the process of formulating. Therefore, out of an abundance of caution, McDonald’s and CPSC decided to recall the glasses; 7 million of which have already been sold and 5 million of which were in stores available for sale. This was the first U.S.-made product to be recalled for excess cadmium levels. The potential danger of these glasses would come from long term exposure to low levels of cadmium.

The unfortunate reality of recalls is that the common person has no way to detect the dangerous chemicals that may exist in products similar to these.

A child injury lawyer may be helpful if you believe your child has been adversely affected by recall items or other dangerous / defective products.

To read more about this topic see McDonald’s Recall of “Shrek” Glasses.

In Florida and other states, personal injuries and wrongful deaths continue to take place in and near railroad crossings and railroad tracks. This cases are much more complicated that a typical automobile accident and require the attention of experts trained in the field of railroad safety, equipment and regulations. It is far too simple for a person to say that drivers of passenger vehicles should stay off the tracks and away from freight trains or passenger trains.

When there is a railroad or train accident, legal questions and issues arise. Among them include the following:

What are my rights as an injury victim or family member of an injury victim involved in a railroad accident or incident?

What are the duties and responsibilities of the railroad?

Who controls the railroad crossing or intersection?

What safety precautions were in place? What safety precautions could have been in place?

Finally, was the incident avoidable?

Railroad companies benefit from the commerce and profit of conducting business over Florida's railways as well as railways in other States. While there are business benefits, there are also business and legal responsibilities to the public in general. The duties of the railroad will depend on the location of the crossing, history of accidents occurring at or near the crossing, terrain in and around the railroad crossing, availability of safety precautions including cross gates and lights, and finally the applicability of local, state, and federal railroad laws and safety regulations. Contact a Florida railroad personal injury lawyer to get guidance on these and other issues if you have questions about personal injuries or deaths occurring on or near a railroad crossing.

Railroad crossings protected with lights and gates are at least 90% effective in preventing accidents, according to industry experts. Railroad companies typically do not spend their own funds to install these safety devices at crossings, although there is no legal reason they could not spend their own money. It is railroad industry practice to wait or to delay the implementation of safety precautions until taxpayer money is allocated by the government before a crossing receives modern warning devices. Usually, a crossing is not designated by the government to be equipped with such warning devices until several accidents, often fatal, have occurred at that
crossing.

Also, in the 1970s, a Federally funded study found that the railroad warning horns are ineffective to warn the public of a train's approach in modern, more soundproofed, automobiles. Despite this fact, the railroad industry has done little to
nothing to increase the audibility of its trains.

The Florida Highway Patrol recently reported that a mother (Melissa Johnson) and two sons (ages 9 and 6) were recently killed at a railroad crossing. There was just a stop sign at this railroad crossing. There were no crossing arms, gates, lights, or other safety precautions in place. This railroad tragedy involved an Amtrak train carrying over 200 passengers heading to Jacksonville, Florida. You can read more about this story at Tragic Train Accident Ends Life of Putnam County Mother and Two Children.

A Lehigh Acres babysitter, near Fort Myers, Florida, was arrested when she left two children and two pets in a car while she into a salon to get a facial. A passer-by noticed the 6-year-old boy, 7-year-old girl and two pets in the car with the windows rolled up. The 22-year-old baby sitter said she left car running while she was in the salon, however, the passer-by claimed this to be untrue. The children were treated at a nearby hospital for heat stress and released. The county's Animal Control Department took the pets.

Parents as well as any child care providers including day care providers, teachers, babysitters, coaches, and camp counselors have a duty to protect children from harm. Babysitters should appreciate the responsibility they take on when hired to care for children. Leaving a child in a car unattended is never acceptable and worsened in cases when the event takes place at times of the year when temperatures are extreme- low or high. Hyperthermia increases during this time of year.

A child injury lawyer should be contacted to discuss the legal issues the arise from the negligent conduct of others that results in personal injuries or harm to a child.

To read more about this topic see Babysitter Leaves Children in Car While Getting a Facial.

Children falling from windows and balconies may seem rare but these tragic events occur more frequently then you may think. In fact, falls cause approximately 2.5 million injuries, which require hospital treatment, in children 14 under. Accounting for more than 50% of those falls, are children under the age of 5-years-old. Plus, 80% of these types of accidents occur within the home.

It has been suggested by child experts that a window screen is an insufficient method to protect one’s child from falling out of a window; a child window guard would be the optimal preventative measure.

It is a parent’s primary responsibility to protect and supervise his or her child. However, even the most attentive parent can be distracted. Inevitable distractions coupled with the fact that the majority of falls occur during the time of day when children are most active (e.g., during the hours of playtime) are the main factors to support the installation of a child window guard. These factors present themselves too frequently. A parent can be watching their child, mid-afternoon, and the phone rings. The parent leaves the room to answer the phone and is gone for no more than 10 seconds. Although short in time, this duration is actually long enough to result in a terrible accident. Installing a child window guard would not only shield parents and their children from experiencing a fall, but it would also give an additional sense of security throughout the home; something every family could use. Window guards at homes, schools, day care centers, and other locations where children are present can also protect other children as well. The investment in a proper window guard system is well worth the protection it can provide to children.

To read more about this topic see Child Window Guards.

A 4-year-old boy fell from his 17th-floor balcony in Miami. Miraculously, the child survived with no apparent broken bones. According to authorities and witnesses, the boy was probably saved by a palm tree. After falling from the balcony, the child likely bounced off of the crown of the palm tree and safely landed onto a dirt surface on the 10th floor; about a 70-80 ft. fall. The boy fell off the balcony in pursuit of a balloon after he opened the apartment's sliding glass door. While the child's 23-year-old mother was in the bathroom, she left the child under supervision of his grandfather, who was in kitchen during the accident.

It is imperative that parents and adult supervisors keep a watchful eye over their children. Children do not appreciate the dangers of their surroundings and it is an adult's duty to keep them from physical harm. Adults can protect children from wandering off and injury by providing supervision, keeping doors and windows locked, and child-proofing the house.

When a child is injured as a result of a fall, legal issues also present themselves. What safety precautions were in place? What safety precautions should have been in place? Was the building or facility properly maintained? Was the incident foreseeable or preventable? Were there any building code violations or other laws violated with respect to the building or the facility? If you believe that your child was injured a result of the neglect or negligent conduct of others, contact a Florida child injury lawyer for advise and consultation regarding the applicable laws and the proper handling of an insurance claim or lawsuit as applicable and warranted by the facts of the situation.

For more on this event see Boy Falls from 17th-floor Balcony.

Airbags in cars: are they helpful or harmful? According to a recent study, airbags save more than 1,500 adult lives per year; what about children’s lives? Due to the extreme force projected by an airbag explosion, these otherwise safety devices can be very harm to children because of their small size. Airbags explode the dashboard and side panels of an automobile in order to protect the driver and passenger. As a consequence, both the driver and passenger will come into extremely forceful contact with these surfaces of the vehicle and suffer personal injuries. For these reasons it is the best practice to have children ride in the backseat of any automobile. Also, the determinative fact should be the child’s weight not age.

Here are a few basic child safety tips regarding children in automobiles:

1. Children under the age of 12-years-old should be placed in child seats and secured by safety belts that fit them well.
2. The ideal place for a child in an automobile is in the backseat.
3. If your child uses an infant child safety seat, the safety seat should be faced backwards and secured in the backseat of the vehicle.
4. Children and adults should always wear their seatbelts. Parents need to ensure that the seatbelt fits comfortably and correctly on their children.
5. If traveling with a child that requires constant attention, it is best to travel with another passenger in the car. A child, in general, can easily distract the driver of the car. Therefore, another mature passenger can aid in decreasing such distractions and result in safer travel for themselves as well as other drivers on the road.

For more on this topic see Airbags and Other Safety Tips for Children in Cars.

A 3-year-old Nassau County, Florida boy tragically drowned in the St. Mary River on Saturday, June 5. The child was on a camping trip with his family when the horrible event occurred. The father of the child stated that briefly before his son died the boy was wearing a life jacket and playing with other children along the shoreline of the river. Once the father noticed a storm approaching, the father removed the child and his brother from the water, it was at this time when the child’s life jacket was removed by another adult in order to dry off. At the same time, the father received a phone call on his cell phone and distracted him for no more than 2 minutes. However, those brief 120 seconds happened to be enough time for the child to wander back into the water. After searching for about 45 minutes, the father found his child’s body in a shallow area of sandy water. The child was pronounced dead at the hospital.

The father of this young boy gave a strong and important message: “Just watch your kids around the water. Don’t take your eyes off them.”

All parents should heed this father’s advice. Parents, babysitters, day care providers, teachers, camp counselors and others should always be aware of where their children are and their children’s surroundings. It only takes a few seconds, as seen here, for a child to wander off and tragedy occur. If children are in or around areas that are more dangerous than others, like water, parents and adults should take extra preventive measures to protect these children from such dangers. Although this child was wearing a life jacket while in the water, he only had if off for no more than a few minutes before wandered away.

If you would like to read more about this incident see 3-year-old Boy Drowns on Family Camping Trip.

In Palm Beach County, Florida, a 3-year-old girl was pronounced dead after being hit by an SUV that was driver by the girl’s mother. According to the Palm Beach County Sheriff's Office, the child was hit by the SUV while the mother was moving the vehicle in front of a house. According to the story posted in the Gainesville Sun newspaper website, it was uncertain how the child got out of the house. The injured child was rushed to a nearby hospital (St. Mary's Medical Center) where she was later pronounced dead.

It cannot be stressed enough how imperative it is for parents, babysitters, day care providers, teachers and other caregivers to always keep an eye on their children and to keep children protected and away from dangers. Of course, some incidents cannot be prevented or anticipated. Furthermore, in life, mistakes do happen. It should be kept top of mind that children are unpredictable and are usually unaware of the dangers at home, school, day care centers, and other places. Children are too young to appreciate the high number of hazards they are susceptible to. Therefore, because children have poor safety awareness, parents and other child care givers should be alert and proactive in protecting children from potential harm and personal injury. The best method for protecting a child from negligent harm and injury is to always be aware of the child’s whereabouts. Also, if a child is in a home, all the doors and windows need to be locked or otherwise secured to prevent the child from wandering outside without proper supervision.

A child injury lawyer should be contacted to discuss the legal issues (liability, damages, insurance issues, child abuse and neglect claims, etc.) where there are issues or questions surrounding a child injury.

For more on this story see Mother Hits Child with SUV.

In Duval County (Jacksonville) and other Florida school districts, there is a problem with bullying. Sometimes, the bullying is subtle and at other times the bullying takes the form of life threatening violence. Either way, the bullying can have a profound effect on the child victim who can suffer from physical and / or psychological persona injuries. It was reported in the Jacksonville Florida Times Union that the Duval County - Jacksonville - School District will being tracking incidents and reports of bullying for the 2010 - 2011 school year. The tracking of this information and data can lead to a better understanding of bullying acts. I suspect that a great deal of bullying goes undetected or unnoticed by the school system because it is not reported. Some parents and children believe that reporting a bullying incident can actually lead to more problems or an aggravation of an already bad situation.

All parents should take action to address bullying acts or situations. Unfortunately, some parents turn a blind eye to bullying situations or deny the fact that it exist at all. No parent wants to think that his or her child is being a victim of bullying or that his or her child is actually committing bad acts as a bully.

See Duval Schools Will Start to Track Bullying Complaints.

Two children were injured in Destin, Florida after a line broke on a parasail. At the time of the incident, the parasail boat was being towed in due to bad weather. The children sustained minor injured and were taken to a hospital in Pensacola, Florida. The incident is being investigated to determine if charges will be brought.

An accident like this raises many legal issues:

What was the business's procedures for bad weather?

Should the children have been taken down from the parasail at the first sight of bad weather?

Who is liable for the injury? The children's medical bills?

Parents and child supervisors should always be concerned with the safety of their children. Watersports are very popular during this time year and although watersports like parasailing, sailing, scuba diving, snorkeling, and water skiing may be fun there are still dangers involved. Many watersport businesses will have an adult or guardian sign an injury waiver for the child. It is important to read the waiver and ask for a copy so you are knowledgeable about what rights you as an adult or guardian have waived. In some circumstances the injuries waived are different than the ones sustained and you may still have a valid claim. Furthermore, Florida Courts have frowned upon release waivers that are against public policy. Recreational areas and businesses have a duty to act reasonably and to provide safety measures and devices to children. The failure to do so cannot and should not be excused by the signing of an overbroad and often times unenforceable "waiver".

A personal injury lawyer will be able to guide you on these questions and issues.

To read more about this see Child Injured in Parasail Accident.

As the weather temperatures are on the rise so is the number of children who die as a result of hyperthermia. Specifically, 30 children a year die as a result from being left in a vehicle by an otherwise responsible adult who became distracted. For example, a 7-month-old Dallas girl died in April after being left alone in a car by her caregiver. The caregiver was supposed to take to the child to daycare but got distracted while running other errands and left the toddler in the car. The child was forgotten about and died shortly after. Also, a 9-month-old girl died in Columbus, Ohio after her 70-year-old caregiver forgot the chile was in the car. By the time anyone noticed the child was missing, she had died.

A recent investigation found that 7 forgotten-child hyperthermia deaths have occurred so far in the United States. Forgotten-child hyperthermia deaths can occur even when temperatures are mild. For example, the temperature reached only 87 degrees on the day the 9-month-old child died in Columbus. This is frightening considering it gets well over 90-100 degrees in many southern states including but not limited to Florida, Georgia, Alabama, and Mississippi.

Although local lawmakers and Congress are wrestling with how to deal with forgotten-child deaths, parents and caregivers can take instant action to stop the problem now. Parents and caregivers should always be on alert about where their child is and their child’s surroundings. Of course distractions present themselves daily, however it is a primary a duty of any parent, caregiver, or any child supervisor to watch a child at all times.

To read tips on how to protect your child from hyperthermia read Hyperthermia Death Rates on the Rise.

A new Florida law will make it more difficult for people to become caregivers for children, the elderly, and disabled adults. Caregivers will now have to pass a nationwide background check before they can begin working. The law was unanimously passed by the Florida Legislature and will take effect August 1.

The new law was the result in part from a Sun Sentinel investigation that revealed disturbing facts about the people who were hired to work as caregivers. This group of people consisted of people who had been previously convicted of rape, child abuse, and murder. Under the outdated laws, people with criminal histories could still work as caregivers if they obtained an exemption stating that they were rehabilitated. In previous years more than 8,700 people were granted exemptions. Among this group of people were sex offenders and convicted murderers.

Obviously, the laws previously in place were not effective and put children, the elderly, and the disabled at risk. The prior laws allowed placement of dangerous and untrustworthy people into positions of trust and responsibility. After media attention sparked a public outcry for reform, the new Florida laws were adopted. Now, top Florida state officials will have to approve any exemption made for people with a prior criminal history. Also, the new law permanently bars sex offenders and career criminals from ever working as a caregiver.

Children, the elderly, and the disabled adults are susceptible / at risk of being taken advantage of and the new Florida Law should help weed out those who should not working in day care centers, nursing homes and other caregiver environments, locations, and facilities. An injury lawyer may be able to help you on any issues that stem from caregiver abuse including serious personal injuries.

If you would like to read more about this top see Florida Caregivers Undergo Stricter Screening Procedures.

Teen driving is influenced by 5 major factors: inexperience, distraction, speed, fatigue, and lack of seat belt use.

Inexperience –

One study suggests that about 2/3 of fatal car accidents involve driver error, specifically those stemming from inexperience and distractions. It has been advised that teens should wait 6-12 months before they are allowed to give rides to their friends.

Distraction –

A car with two or more passengers increases a teen driver’s fatal crash risk by 3-5 times. The world of technology has provided drivers, of all ages, with an ample amount of distractions. A driver who uses a cellular device while driving is four times more likely to be involved in a serious car accident and suffer bodily injury.

Speed –

For male drivers, ranging in age from 15-20-years-old, 38% of fatal car crashes involve speeding. It is common sense, speeding kills.

Fatigue –

Driving while tired is the equivalent of driving while drinking. Drivers younger than 25 make up the majority group of fatigue-caused car crashes.

Seat belts –

Drivers of all ages should wear seat belts. Seat belts save lives. Teen drivers who do not wear seat belts are more likely to become a crash statistic than those teen drivers who do.

Parents should communicate to their teens the dangers of driving and emphasize the importance of safety on the road. Driving is very dangerous and everyone should do their part in keeping the roads safe. Beginning drivers should understand the monumental responsibility they take on when they are issued a driver’s license. Inexperienced driving is a major cause of automobile accidents. Car accidents can be devastating to all of those who are involved especially automobile accidents that cause serious personal injuries or wrongful death.

To read more on this topic see Teen Driving Accidents.

Leashing children in order to keep them from wandering away has sparked quite a debate among parents and the public in general. Take for instance a 28-year-old Jacksonville mother who is adamant about leashing her 2 1/2-year-old son who has a habit of wandering off in public places. She claims her decision is influenced by several kidnappings that happen a year as well as a recent Central Florida disappearance of an 11-year-old girl with Asperger's syndrome. The girl spent four days in a Florida swamp after disappearing from her home.

This mother says she has received rude messages from other parents, however, she feels those consequences (rude comments and glares) are worth the price or effort of being cautious and safe. Also, this mother does not feel she is treating her child like an animal - a common argument from protesters of the practice.

Many child safety devices are available on the market: GPS devices, leashes, safety stickers, buttons and temporary tattoos embedded with general contact information worn on the child's body. However, these devices should not be used as a supplement for supervision whether it be parental, teacher, or daycare supervision. Children should be taught and constantly reminded of basic safety measures when talking to or approached by strangers, walking to and from school, or wandering away.

You can read more child safety tips at Child Leashes: A Good Child Safety Tool or Degrading Parental Practice?

Can playgrounds be dangerous for your child? According to some parents in Iowa, the answer would be “Yes.” For example, an 18-month-old Iowa girl suffered golf ball size blisters on her hands from second degree burns after going down a plastic slide. Another concerned Iowa parent claims he always checks the slides at playgrounds because the playground slides are either too slick, causing his child to slip off the slide, or too hot.

Although the temperature was 88 degrees on Memorial Day in Iowa, the surface of a slide in a Richmond playground reached a dangerous 157 degrees, definitely hot enough to burn skin. Early daytime or late evening use of slides is recommended due to lower temperatures during those periods.

If the weather is hot enough in Iowa to cause burns on playground slide, reason and science would dictate that Florida and other warm weather States would also have similar dangers on playgrounds at schools, homes, community centers, and other locations.

A child injury at a playground raises some interesting legal issues:

Who is responsible or liable to inspect and maintain safe playground equipment?

If a child is injured on a playground, who is liable for the child’s injuries? Or their medical bills?

A child injury lawyer can counsel you on such issues if you find yourself in such an unfortunate position.

While at a playground, parents, babysitters or any child care givers should keep an extra watchful eye on their children and their surroundings. It is an adult’s responsibility to check the slide before it comes into contact with the child’s skin. Observe whether or not a slide is in a shaded or non-shaded area.

For more on playground safety see >Slides at Playgrounds: An Unforeseen Playground Danger.

Does bullying occur at the daycare or pre-school level?

There are different degrees of bullying. On one end of the spectrum, you have a person who has just engaged in his or her first bullying experience and may become so torn by feelings of guilt about their behavior they may never bully again. On the other end, there is the persistent bully who will do anything to anyone to get what he or she wants.

Pre-school vs. Day care

There is a difference between bullying at the different facilities. At the pre-school level, it is important to distinguish bullying from a a child or toddler merely acting out. It has been suggested that to be a “bully” one must appreciate and understand what he or she is doing – lowering someone else’s self-esteem in order to get what they want. However, at the daycare level this distinction is not so apparent. Florida day care centers are comprised of children ranging from various ages and not just very young children who may not understand the full consequences of their behavior.

If a child has suffered personal injuries or harm as a result of bullying at a day care center, a child injury lawyer may be able to assist in reviewing and enforcing the legal rights of the injured child. When a child has suffered injuries, there are many issues for a parent to deal with including medical care, medical bills, and the suffering of the child.

Florida has thousands upon thousands of swimming pools. Many provide hours of great fun for children. Unfortunately, some pools are the site of tragic child personal injuries and even drowning deaths. It was reported that a 2 year old boy drowned in a Volusia County (near Ormond Beach) swimming pool. At the time of the incident, the child was under the care of his uncle and his grandparents. SInce this drowning incident involved a death, an investigation will be conducted by the Volusia County Sheriff's Office and the Medical Examiner's Office. The death of this 2 year old boy is certainly a great loss for the family, neighbors and the community. Due to the number of swimming pools and water ways in Florida, there probably will be other similar incidents reported through the Summer months. You can read more about this story at 2 Year Old Boy Drowning Death - Volusia County (Ormond Beach), Florida.