Posted On: December 31, 2010

Ban on Drop Side Cribs Will Prevent Injuries in the Future But Too Late for Children Already Injured

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The Consumer Product Safety Commission recently announced an all-out ban on the manufacturing or selling of cribs with drop side rails. Although the full ban in finally in place, the government is receiving widespread criticism that the agency may have acted too slowly in implementing the ban. It took several deaths of infants for the CPSC to prompt an investigation into the dangerousness of the drop side cribs. The investigation was initiated but parents were never informed of the crib's hazards. It was not until 2007 that the CPSC took public action. In 2007, the CPSC announced an unprecedented recall of 1 million drop side cribs. Between November 2007 and April 2010, more than 11 million drop side cribs have been recalled and at least 35 infants have been killed by the malfunctioning cribs.

The CPSC's investigation confirmed what many parents had figured out through tragic experience: that the drop side crib design, regardless of manufacturer, contained flaws that allowed slats, mattress supports and other crib pieces to separate, creating deadly gaps for infants. If you would like to read more on this story please Drop side cribs get all-out ban by CPSC.

Posted On: December 30, 2010

Dangers of Griffin Road in Broward County, Florida - Two Deaths in Two Weeks

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In Florida, there are many dangerous roadways and intersections that put pedestrians and bicylists at risk for injury and even death. Two deaths were reported within two weeks on Griffin Road in Broward County, Florida. Carol Maddi (age 24) and Sophia Lupi were the unfortunate victims of the pedestrian / bicycle / automobile accidents in Broward County. The Broward Sheriff's Office is investigating both of these separate incidents. See 2nd Death in 2 Weeks Crossing Griffin Road.

At all times possible and practical, drivers should yield the right of way to bicycle riders and pedestrians. Of course, there are times in which the pedestrian or bicycle riders ignores road signage, traffic signals, and / or the traffic and, in turn, put themselves in danger.

When a child is the unfortunate victim of an accident or incident as a pedestrian or bicycle rider, it can be especially stressful for the parents and the rest of the family. There are many different issues to deal with including medical bills, insurance, medical treatment, damages, and other matters. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - is a helpful resource for parents dealing with these and other issues. You can get a free copy of this book by clicking here.

Posted On: December 29, 2010

Red Light Cameras Will Be Activated in Miami on January 1

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In Florida and Other States, red light cameras are becoming more prevalent. The safety goal is to prevent or discourage people from running red lights. Of course, municipalities like the City of Miami also get a financial windfall from the revenues produced from traffic ticket and money saved and time saved from the automation of the process. Whether you drove up to a light with a camera or not, do not run stop lights or disobey other traffic signals or conditions. The safety of you, your passengers and others are far more important than the few minutes you might save from running or gunning through the light. You can read more about this story at Miami Red Light Cameras Will Be Turned On January 1, 2011.

Posted On: December 28, 2010

Serious Bicycle - SUV Accident Reported in Palatka (Putnam County) Florida

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In Florida, serious bicycle accidents can result in personal injuries. In Palatka, Florida, the Florida Highway Patrol reported that 16 year old Alexander Atkins suffered serious personal injuries when he was struck by a sport utility vehicle. The bicycle accident took place at 8:00 p.m. which means that it was dark and visibility was limited for both the driver and the bicycle rider. It was reported that Alexander was not wearing a helmet at the time of the incident. Since serious injuries resulted from this accident, it is expected that the Florida Highway Patrol will issue a detailed report concerning the cause and preventability of this most unfortunate accident. You can read more about this accident at Putnam Teen Bicyclist Struck Sunday Evening on U.S. 17.

Posted On: December 27, 2010

Father Creates iPad Application to Help Son Communicate Better

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The Apple iPad can do many things. For some, the iPad is an expensive toy or entertainment device. To others, the Apple iPad and its thousands of Applications (commonly referred to as Apps) is an important educational tool and communication device that can enhance and improve the lives of children with special needs and development delay. Paul Pauca developed an App called VerbalVictor which will allow his 5 year old son - Victor Pauca - and many other children communicate better with parents, family, teachers, and friends. Paul Pauca developed the App with students from Wake Forest University. For just $10.00, the App can be uploaded to an iPad. Congratulations Paul Pauca on developing this App. You can read more about this story at Father Creates iPad Application to Help Son Communicate Better.

Posted On: December 26, 2010

Hit and Run Accident Causes Serious Personal Injuries to 7 Year Old Child

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The holiday season can bring out the best in people . . . it can also bring out the worst in people. MSNBC reported that a 7 year old girl (Francesca Tehlemaque) was doing some Christmas shopping with her mother when a car drove into a grassy area at Southwest 73rd Avenue and O'Shanter Boulevard and hit Francesca. The vehicle that was suspected to have been involved in the incident was located by the Broward Sheriff's Office. It was identified as a White and Black Acura. Hopefully, the Broward County Sheriff's Office will be able to track down this negligent driver. Any information regarding this most unfortunate incident should be reported to Broward CrimeStoppers at (954) 493-TIPS. See Driver Flees After Hitting 7 Year Old Girl - Hit and Run in North Lauderdale, Florida.

This holiday season, children are out of school and walking in the areas of neighborhoods, parks, malls, and near busy roadways. Drive at a safe speed and always keep a look out for pedestrians, bicyclists, and other drivers. By reducing driver distraction and speed - many accidents can be avoided.

Posted On: December 25, 2010

Dangers to Child Pedestrians - Two Sisters Hit in Orlando Florida Near University of Central Florida

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In Florida, there is a tremendous amount of traffic in our larger cities like Orlando, Jacksonville, Tampa, and Miami. The simple act of crossing a street can have deadly consequences. The Orlando Sentinel reported that two pedestrians were recently hit when crossing across Alafaya near the University of Central Florida. The pedestrians were noted be be sisters who were 11 years old and 17 years old. The 11 year old died at the scene of the incident. The 17 year old was transported to a local hospital in critical condition. You can read more about this sad incident at Sisters Hit While Crossing the Street in Orlando Florida.

At all times practical and possible, drivers should yield to pedestrians. Of course, at times, a driver cannot avoid hitting a pedestrian if the pedestrian carelessly crosses a busy street. Florida is a comparative law State. In other words, fault can be apportioned between parties in determining an award of damages. In a civil case, the accident report and details about traffic citations or lack of traffic citations for the accident in question are inadmissible. This allows for the Judge and / or Jury to make a determination of liability rather than law enforcement.

Posted On: December 24, 2010

The Tallahassee Police Department - Investigating Incidents of Strangers Approaching Children - Dangers to Children

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The Tallahassee Police Department is currently investigating two separate incidents of strangers approaching children and attempting to coerce the children to leave with the strangers. The first incident occurred around 6 p.m. in an unreleased location. A man driving a black pickup approached a 9-year-old girl and verbally tried to coerce to get into the truck. The girl refused and told her mother about the incident. Her mother notified TPD. The second incident involved a man driving occurred around 3:30 p.m. in the 2800 block of Apalachee Parkway. A man driving a four-door black sedan, possibly a Mitsubishi, approached a 13-year-old boy and tried to coerce the teenager into his vehicle. During the encounter, the man tried to conceal his facial features. Although the TPD has been investigating the incidents, no arrests have been made. If you would like to read more on these incidents or to see a number to call if you or someone you know has information about the incidents please see TPD investigating separate incidents of strangers approaching children.

Parents should teach their children to be wary of strangers. Many strategies can be used that will help children avoid being abducted by strangers. First and foremost, children should never talk to strangers. However, if a child is approached by a stranger, families should use a code word that only people permitted to take the child have knowledge of. Teach your children to be cautious and to never go off with someone they do not know.

Posted On: December 23, 2010

Rat Infestation Problem at Tamarac (Florida) Elementary School

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Tamarac Elementary School, located in Florida, had to temporarily relocate eight different kindergarten classes to other rooms within the school due to a rat infestation. The school trimmed trees that are suspected of contributing to the infestation as well as set up several sticky traps and conventional mouse traps. So far, a dozen rats have been caught. Although the vermin problem has been lingering since December 8, Marsy Smith, school district spokeswoman, expects to have the problem resolved and the children returned to their original class rooms by early January. According to Smith, the school district is taking "an aggressive approach." If you would like to read more on this story please see Florida elementary schools encounters rat infestation.

Rats typically live in areas near human activity. They devour human food and can spread diseases that are contagious to humans. Many times rats can leave rat pellets, which children are very likely ingest. Click here to see a list of typical viruses and other diseases commonly carried by rats. Two common diseases are rat-bite fever and salmonella. Salmonella is typically characterized diarrhea, abdominal cramps, nausea and vomiting.

Posted On: December 22, 2010

Children Are At Risk of Injury Over the Holiday Season

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Some parents may not realize that the holiday season can be a dangerous time for their children. Not only must parents be concerned with special risks presented by the season, such as toxic mistletoe and dangerous toys, but they must also protect their children from common child personal injuries that occur within the household. According to James Schmidt, an emergency room physician at the Children's Hospital of the King's Daughters, most child personal injuries that occur during the holiday season are the same types of injuries that occur commonly throughout the year. These types of injuries include choking, poisoning, and falls and burns. In fact, Schmidt pointed out that the single most common type of injury sustained by children is when children ingest prescription drugs they obtained from a holiday guest's (grandma, uncle, neighbor, etc.) bag or purse. Schmidt stated he sees many more cases in the ER of children who have ingested a relative's blood pressure medication then he does a toxic plant.

More holiday-specific injuries include a tree falling onto a child or when a child ingests an alcoholic beverage left out at a holiday party. To avoid these common types of holiday personal injuries, parents should ensure trees are securely fastened to the wall and throw away any abandoned glasses. Parents should also decorate safely, "child proof" their homes and give age-appropriate toys. If you would like to read more on this topic please see Ensuring safety for your child during the holiday season.

Posted On: December 21, 2010

Dangers of Racing and Unsafe Driving - 3rd Teen Dies from Tragic U.S. 27 Automobile Accident

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A third teenage dies in a horrific crash along U.S. 27 in west Broward, Florida. Anthony Perez, 19, died at North Broward Medical Center after the crash. Dairon Ledesma, 15, of Hialeah, Florida, was killed at the scene of the accident, which occurred around 12:30 a.m. Ileana E. Mira, 19, of Hialeah, was also killed in the crash. Four other people were sustained personal injuries. An investigation into whether or not the crash was caused by illegal street racing is ongoing.

According to the Florida Highway Patrol, two cars, an Acura Integra and a Honda Civic, and a Freightliner truck were involved in the deadly crash. The FHP says the Honda and Acura were stationary in the northbound lanes of U.S. 27 when the driver of the truck saw them, tried to stop, but could not. The truck hit both cars from behind, killing 3 passengers in the Acura Integra. Both cars' passengers were reported to be wearing seat belts and neither drivers were suspected of driving under the influence.

According to Florida highway troopers, the crash occurred in an area along U.S. 27 that was shut-down earlier in the week for an illegal street-racing gathering. Although illegal racing is more common in Miami-Dade County, Broward County has seen its fair share of incidents. If you would like to read more on this story please see 3-car crash on U.S. 27 killes 3 teens, injures more.

Racing is a very dangerous activity. Not only are the drivers themselves put at risk of sustaining personal injuries or deaht, but passengers as well as observers are at risk of personal injury. In Florida, those charged with illegal street-racing risk having their license revoked as well as incurring higher fines.

Posted On: December 20, 2010

Central Florida Flight School Suspends Flights After Fatal Crash - Recommendation of NTSB

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Recently, three students and a flight instructor from the Florida Institute of Technology died as a result of a plane crash. The plane was reportedly malfunctioning at take off from the Palm Beach International Airport, but the flight instructor never reported a distress call.

Early indications point to engine failure as a result of the crash, however, a certain cause for the crash is not expected until the investigation is complete six months from now.

Three of the victims died at the scene and another died in route to a hospital. It is believed that once the plane made impact, there was an explosion, and the victims burned inside the plane. Autopsies are expected to be performed on the victims.

There may be wrongful death, negligence, and negligent infliction of emotional distress causes of action for each victim's family. More facts would be needed to support these legal claims. If you or a family member have been in an aviation or automobile accident and believe there is a party at fault, contact my office at your earliest convenience.

To learn more about this article, visit Plane crash investigation moves forward as victims are identified Students and instructor from Central Florida flight school aboard flight, officials say.

Posted On: December 19, 2010

Hand Gun Found in Pre-Schooler's Backpack - Gun Was Unloaded

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In Palm Bay, Florida, school officials found a hand gun in the back pack of a 5 year old. It was reported that the 5 year old brought the gun to school to show his friends. While the gun was unloaded and no one was harmed, bringing a gun to school can only cause problems. The boy stated that he had found the gun in his mother's car. The gun was found at Riviera Elementary School. Parents, teachers, and school administrators should emphasize safety in schools and collectively do their best to teach children about the dangers of guns. Many times, children (and even adults) think a gun is unloaded and on safety when actually it is loaded and not on safety. Regardless, there is no place in our school system for guns. The school and its administrators did a good job of identifying the potential danger and handling the situation at hand. You can read more about this story at Gun Found in Pre-Schooler's Backpack.

Posted On: December 18, 2010

Poor Sportsmanship Can Cost You . . . Teaching Lesson for Our Children

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Poor sportsmanship can cost you . . . it also sets a bad example for children who look up to professional athletes and coaches as role models. When a person gets paid to play or paid to coach, there is not only an expectation to perform but there is also a responsibility (at least a moral one) to serve a good role model or ambassador of the sports for children. The New York Jets Strength Coach - Sal Alosi - was recently fined $25,000 and suspended from his team for the well publicized move of tripping Miami Dolphins player Nolan Carroll. Coach Alosi stated that he "wasn't thinking" when he tripped Nolan Carroll. That's an understatement. Anyway, youth coaches should use this film and incident as a teaching lesson for children. The object of the game should not be to trip and harm the other players and team. See NFL Suspends Coach Sal Alosi for Rest of the Season.

Posted On: December 17, 2010

Dangers of Guns and Domestic Violence to Children - Toddler Accidentally Shot in Jacksonville, Florida

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A 7-month-old baby was recently shot with an assault rifle while staying at a Super 8 Motel on Youngman Circle in Jacksonville, Florida. The gun accidentally went off around 3 a.m., grazing the infant's chest and striking him in the arm. The boy's parents, Justin Satterfield, 25, and Brandy Purvis, 24, were allegedly arguing over the AK-47 when it accidentally fired. Both parents have been taken into custody and charged with child abuse. Satterfield was also charged with possession of a firearm by a convicted felon. The baby boy was taken to Shands Jacksonville Medical Center with non-life-threatening injuries. He was listed in serious but stable condition. If you would like to read more on this story please read Baby shot by assault rifle in Jacksonville, Florida hotel.

Both parents of this child are very fortunate the infant was not fatally injured. Having guns around children can be risky and highly dangerous. Also, in some instances it is illegal in the state of Florida for certain people to possess firearms, including but not limited to convicted felons and people with protective orders filed against them. If you do own a firearm, it is important to restrict a child's access to the weapon, doing so is live saving.

Posted On: December 16, 2010

School Bus Accident in Bayou George, Florida

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An automobile / bus accident involving a school bus occurred in Bayou George, Florida. Fortunately, no one was severely injured. The accident occurred after a 77-year-old driver ran a stop sig and hit the back-end of the bus causing the bus to rollover. The 77-year-old man was identified as Wilford Bailey of Youngstown, Florida. Bailey was driving his 2008 Chevrolet Malibu at around 6 a.m., he was charged with a stop sign violation. According to Mike Jones, Chief of Safety, Security and Police for Bay District Schools, the impact of the collision spun the bus around and off the road causing the tires of the bus to go into ruts and ultimately flip on its passenger side.

The driver of the bus, 54-year-old Darrell "Gene" Horne, of Panama City, Florida, was treated by a doctor for his personal injuries but was not taken to the hospital. There was only one student on the bus, 15-year-old Devon Mercer. Devon was taken to the hospital by his parents and was treated for his personal injuries. According to reports by the Florida Highway Patrol, Devon was not wearing a seat belt. If you would like to read more n this topic please see Rear end collision causes school bus to roll over, no one severely injured.

Florida drivers need to be appreciate the inherent dangers involving in driving automobiles. By paying attention, staying alert and keeping their focus on the road, drivers decrease the likelihood of being involved in an accident.

Posted On: December 15, 2010

Lynn University Soccer Teammates - One Dies from Fall from Railroad Bridge - Other Suffers Injuries

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Kyle Conrad, 21, of Jensen Beach, Florida, died after sustaining fatal personal injuries to his head after falling from a railroad bridge in downtown Fort Lauderdale, Florida. Conrad was crossing the bridge with his friend Joe Cundall. The young men were using the bridge as a shortcut when the bridge rose while they were crossing, trapping them in the air. Conrad fell into the river, striking his head; Cundall fell to the ground sustaining personal injuries to his back and ankle. Conrad was taken to Broward General Medical Center where he was later pronounced dead.

The dual-track bridge is 32-years-old and although "No Trespassing" signs are posted on the bridge, access to the bridge is not blocked off. The bridge is controlled remotely and lowered automatically to let trains pass. In 1992, a 24-year-old man was trapped on the bridge when the bridge began to rise in the middle of the night. The 24-year-old was rescued by firefighters and later charged with trespassing. No one has been charged regarding the accident involving Conrad and Cundall. If you would like to read more on this incident please see Two young men cross railroad bridge, one sustains fatal head injuries, the other sustains personal injuries to back and ankle.

Posted On: December 14, 2010

Dangers of Water to Children - 2 Year Old Drowns in Bucket of Water in Fort Walton Beach, Florida

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In Florida and other States, children are at risk for drowning even in a small amount of water. Most people realize that swimming pools and large bodies of water like rivers, lakes, ponds, and oceans pose a serious risk of drowning to children. Many people, however, do not realize that even a small amount of water like a bucket of water, sink, and puddle can also pose a real risk of drowning for a small children. In Fort Walton Beach, Florida, it was reported that a 2 year old (Conor Mattox) drowned in a bucket of water. The father reported to Okaloosa County deputies that he was cleaning the bathroom while the 2 year old was playing in his bedroom. There was a safety gate in place that the child may have knocked down and thereafter wandered to the area of the bucket of water in the house. The father called 911 for assistance. Since the death involved a child, an autopsy will be performed.

The death of Conor Mattox is certainly a tragedy for his family, friends, and the community. Accidents do happen even with the implementation of precautions like baby gates. Children can be very curious and do not have good safety awareness.

You can read more about this story at Toddler Drowns in Bucket of Water.

Posted On: December 13, 2010

Poor Sportsmanship Can Lead to Injuries - Jets Coach Trips Miami Dolphins Player

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In youth sports, coaches and parents should stress good sportsmanship and safety. There are plenty of good examples of sportsmanship in professional sports. Then again, there are a number of examples of poor sportsmanship in professional sports. Some incidents are captured on video and some are not. The Miami Dolphins recently played the New York Jets. On a punt play, Miami Dolphins player - Nolan Carroll - was tripped by the New York Jets' strength and conditioning coach Sal Alosi. As Carroll was running down the sideline, Coach Alosi leaned in an tripped Carroll. The play and the lapse of good judgment was captured on video. While Coach Alosi apologized for his bad behavior and judgment, the NFL could take action against this coach who set a really bad example on national television. What does this teach are young athletes? Would Coach Alosi have admitted to the incident if it was not on video? Was the play that important that Alosi had to trip the player? While Carroll was out of bounds at the time of the incident, this was not excuse for Alosi to trip the player which could have easily caused a serious career ending injury. You can see the video at Jets Coach Trips Dolphins Player During Game.

Posted On: December 12, 2010

Pit Bull Attacked Care Provider - Broward Deputy Sheriff Shoots Dog

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Dogs can be unpredictable and powerful. In Broward County, Florida, Angela Owens, who works as a bus driver for the Miami Dade County School System, was bitten by a Pit Bull dog recently. Stephen Robinson, her husband, had agreed to do a favor for a friend by caring for the animal. When Mr. Robinson had opened the door to the cage to change out the water, the dog attached Angela Owens. It was quite a traumatic ordeal for Angela Owens, who declined immediate transport to the hospital, but will likely need some kind of medical care.

As a safety measure, the Broward County Deputy Sheriff, who responded to the scene, shot and killed the dog.

Dogs can be quite unpredictable and, at times, will attack their owners or caregivers. You can read more about this story at Pit Bull Shot by Broward Deputy Sheriff.

Posted On: December 11, 2010

Hit and Run Accident in Ocoee - Girl Hit While in Shopping Cart

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In Ocoee, Florida, it was reported that a child was injured while in a shopping cart. The incident was reported as a Florida hit and run accident. A van crashed into the shopping cart occupied by the 10 year old girl. The incident took place at approximately 10:00 a.m. The girl was playing in the shopping cart when the shopping cart was hit by a white van. Investigators stopped a vehicle matching the description of the van but did not confirm at the time that the story was reported whether it was the same van. The child was transported to Arnold Palmer Children's Hospital for evaluation and treatment. Hopefully, police officers and detectives are successful in locating the driver of this most unfortunate accident. You can read more about this story at Hit-and-Run Driver in Ocoee Hit Child in Shopping Cart.

Posted On: December 10, 2010

High School Sports and Concussions - A Cause for Concern, Precautions, and Action

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The fear of concussions has reached new highs from high school football to the National Football Association (NFL). But athletes in most sports and at all skill levels are susceptible to experiencing a concussion. Recent studies indicate that concussions can have a long term impact on the brainscholars are educating professional, amateur, and youth athletes about the dangers of concussions.

Even Florida amateur athletes have been impacted by concussions. It has been reported that high school student-athletes have sustained concussions and are now speaking about their experiences. Player safety is and should be the highest priority among all sporting associations. There will always be risks in letting your child play sports. But you can help protect your child from a sports concussion by making sure all of his or her sporting equipment is up to date and maintained. Also, if your child is playing in a league, make sure the league emphasizes player safety. If your child is not in a league, make sure you are aware of who and where your child participates in sporting activities. And finally, make sure your child's coaches understand the rules of the game and look our for your child's best interests while participating in a sporting event.

To read more about this article, visit High rate of concussions at high school level brings concern, change.


Posted On: December 9, 2010

How Does Florida Law Define an "Amusement Ride" and "Amusement Attraction"??

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Amusement parks can be fun, exciting, and memorable to adults and children. However, they can also be very dangerous if they are not designed or maintained properly. Amusement park operators should always make sure their rides and attractions are maintained according to state guidelines. In addition, before designing an amusement park, the amusement park operator should seek advice from expert engineers and architects to not only ensure exciting rides, but to build the ride as safe as possible. Before your child enters an amusement park, make sure the park is reputable and safe. Florida law defines amusement attraction and amusement ride as follows:

546.002 Definitions.—As used in ss. 546.001-546.008, the term:

(1)“Amusement attraction” means any building or structure around, over, or through which persons may move or walk, without the aid of any moving device integral to the building or structure, which building or structure provides amusement, pleasure, thrills, or excitement. This term does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.
(2)“Amusement ride” means any mechanical device which carries or conveys passengers around, over, or along a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement.
History.—s. 2, ch. 83-110.

To view the Florida statute in its entirety, please visit Florida Statutes.

Posted On: December 8, 2010

South Florida Child Left for 2 1/2 Hours in Day Care Center Van

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In South Florida, another incident has been reported of a child being left in a day care center van. It is really disturbing that these incidents continue to occur despite the high profile of cases in the media in which children have died as a result of being left behind in a day care center van. Furthermore, Florida law is quite clear on the procedures that need to be followed when a child is transported in a day care center van or vehicle. You can read more about day care center injuries and the topic of Transportation by Day Care Centers - Rules and Regulations in the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can get a free book by clicking here.

You can read more about the recent report of the child being left in the day care center van at Child Left Alone for Hours in Royal Palm Beach Day Care Van.

Posted On: December 7, 2010

Legal Rights and Responsibilities: 8 Year Old Girl (Patricia Martin) Hit by Day Care Center Bus (Altamonte Springs, Florida)

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A tragic accident took place near Altamonte Springs involving an 8 year old girl by the name of Patricia Martin. She was riding her bicycle in a residential neighborhood when she was hit by a day care center van. It was reported by the Orlando Sentinel that Patricia had veered into street after having been riding on a sidewalk. She was hit by the right rear tire of the bus. The injuries were serious and Patricia was later transported to Arnold Palmer Hospital for Children where she was noted to be in critical condition. See Girl - 8 - in Critical Condition After Being Hit by Florida Day Care Center Bus.

Most residential neighborhoods are loaded with children who are playing, riding their bicycles, and riding their skateboards. The posted speed limits in residential neighborhoods are lower than other roadways for the purpose of protecting children and other pedestrians and bicycle riders.

Florida is a comparative fault State. This means that the fault for an accident (if any) can be apportioned between two or more people. An injury victim does not have to prove that the other party was 100 % at fault for the injuries. Children under the age of 6 cannot be liable for negligence or fault in the State of Florida. See Negligence of Children Under the Age of 6 in Florida.

Florida's laws also separate civil cases from traffic cases. The disposition or issuance / lack of issuance of a traffic citation is not dispositive on a potential civil case. While a police officer can make the decision to issue a citation, it is not within the police officer's control or powers to control the insurance claim or civil case for injuries resulted from an automobile accident.

You can read about the legal rights of children including Automobile Accidents, Day Care Center Injuries, and Playground Injuries in the book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. To receive a free copy of this book, click here.

Posted On: December 6, 2010

Deadly SUV Accident on I 95 Near Palm Coast - Tire Blows on Ford Expedition Vehicle

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A recent automobile crash in Flagler county killed four adults, one teen, and left four children injured according to the Florida Highway Patrol. Reports indicate that a tire blew out on a Ford Expedition and caused the vehicle to crash into several trees and oveturn just off of southbound Interstate 95.

The victims were on their way to Lake County and returning home from a family reunion in North Carolina. Only two of the nine passengers were wearing seatbelts.

When riding in an automobile, remember to always wear your safety belt. Also, make sure you check the pressure in your tires frequently. Many times blowouts cannot be prevented, but in some cases the blowout could have been prevented had the tire pressure been checked and filled. Finally, remember to always pay attention to the road and abide by the speed limit. These habits may not always prevent an accident, but following these simple tips will lower the probability of you getting in one.

To learn more about this article, visit 4 adults, 1 teen dead, 4 children hurt when tire blows in Flagler
Single vehicle accident occurred on I-95 near Palm Coast exit; family was returning to Eustis from family reunion in North Carolina.

Due to the deaths involved in this automobile accident, there should be a full investigation into the cause and preventability of the accident. Investigators will examine the tires on the vehicle among other forensic evidence when completing the Florida Traffic Homicide Report.

Posted On: December 4, 2010

Pick Up Truck and Charter Bus Crash in Eustis (Lake County) Florida

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The Orlando Sentinel and The Miami Herald reported that at least 6 people were injured in a crash between a pick up truck and a charter bus. The charter bus was carrying students from Winter Springs High School who were part of a Young Life Group. Injury victims were treated at Orlando Regional Medical Center and Florida Hospital Waterman. It was reported that the truck lost control. The charter bus driver tried to avoid the crash but was unable to do so. Some of the accident victims needed to be air lifted.

Children are transported on Florida roadways every day. Whether the children are transported by charter bus, school bus, van, or passenger vehicle, all drivers should do their best to drive safe, obey speed limits, and obey all traffic signals and signs. You can read more about this unfortunate bus / pick up truck crash at Six Hospitalized After Bus, Truck Crash in Florida.

Posted On: December 3, 2010

Study Reported that Teen Boys with ADHD - Higher Risk for Automobile Accidents

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A recent study shows that teenage boys with a history of ADHD are at a higher risk (approximately 35%) of getting into automobile accidents than boys who do not have ADHD. In fact, the statistics show not only a higher probability of car accidents while the boy is driving but also as a pedestrian crossing the street.

Even with that said, the study does not suggest these teenage boys should be prohibited from obtaining a driver's license. One of the underlying facts that could not be obtained within the study were the number of drivers inolved in accidents, who were not taking their medications as prescribed at the time of the accident.

The link between ADHD and probability of higher accidents may have to do with failing to pay attention at all times to road circumstances. Of course there are variables that need to be considered before making such a broad conclusion. In other words, the accident was simply unavoidable and the fact that the driver had ADHD may have nothing to do with the true cause of the automobile accident.

If your son has a history of ADHD and is old enough to drive, make sure he takes his medications as prescribed. Also, try to avoid letting him drive long distances if at all possible. These tips should help lower the probability of your son getting into an accident.

Posted On: December 2, 2010

Florida Wrongful Death - How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 2

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When a person dies as a result of the fault or negligence of another person or a business in Florida, the Florida Wrongful Death Act controls the issues of damages, proper parties, time limits and other matters.

There are two types of damages to consider when evaluating and handling a wrongful death case: 1. Economic Damages and 2. Non-Economic Damages.

Non-Economic Damages refers to the damages suffered by the deceased person's relatives as a result of the wrongful death.

The surviving spouse of the decedent can recover for the loss of the decedent's companionship and protection and for mental pain and suffering from the date of the injury.

The minor children of the decedent can recover for lost parental companionship, instruction, and for mental pain and suffering from the date of the injury.

If there is no surviving spouse, the adult children of the decedent can recover for lost parental companionship, instruction, and for mental pain and suffering from the date of the injury.

A parent of a deceased minor child may recover for mental pain and suffering from the date of the injury.

A parent of a deceased adult child can also recover for mental pain and suffewring from the date of the injury if there are no other survivors.

It should be noted that under the Florida Wrongful Death Act, a minor child is defined as a child under the age of 25. Florida recognizes that reaching the age of 18 qualifies a person as an adult; however, the definition of a minor child for the sole purposes of the Florida Wrongful Death Act is clearly a child under the age of 25.

The Florida Wrongful Death Act has some exceptions as to recoverable damages and proper survivors when there is a medical malpractice case pursued.

You can read the Florida Wrongful Death Act as to damages at Section 768.21, Florida Statutes - Damages.

As for Economic damages that are recoverable pursuant to the Florida Wrongful Death Act, see Florida Wrongful Death - How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 1.

Posted On: December 1, 2010

Florida Wrongful Death - How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 1

State%20Map%20Florida.jpg

When a person dies as a result of the fault or negligence of another person or a business in Florida, the Florida Wrongful Death Act controls the issues of damages, proper parties, time limits and other matters.

There are two types of damages to consider when evaluating and handling a wrongful death case: 1. Economic Damages and 2. Non-Economic Damages.

Economic Damages. Economic damages refer to damages or money that can be calculated or determined with some certainty or probability. As applied to a Wrongful Death case, the following economic damages may apply: Medical Bills, Lost Wages, and Loss of Support and Services, and Loss of Net Accumulations.

Medical Bills are those that relate to the hospital and medical expenses associated with the accident related injuries that ultimately caused the death of the family member.

Lost Wages are those that relate to the wages that were lost between the time of the injury and the time of death.

Loss of Support and Services relates to the contribution of the family member to chores around the house and assistance to other family members in general. A monetary figure can be calculated for the costs to secure the services of a housekeeper, gardner, handyman, and / or caregiver.

Loss of Net Accumulations refers to the amount of money over the deceased relative's lifetime that was projected to be saved over the amount that being spent. The calculation of loss of net accumulations will depend on prior income figures, prior savings per year, and prospective income of the decedent. Often times, it is difficult to prove or calculate the loss of net accumulations and these damages are not pursued if there is a lack of proof or substance to these damages.

You can read the Florida Wrongful Death Act as to damages at Section 768.21, Florida Statutes - Damages.

The Florida Wrongful Death Act has some exceptions as to recoverable damages and proper survivors when there is a medical malpractice case pursued.

As for Non-Economic damages that are recoverable pursuant to the Florida Wrongful Death Act, see Florida Wrongful Death - How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 2.

 
 
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