July 21, 2008

Injuries and Deaths at Amusement Parks, Water Parks, and Theme Parks

903386_roller_coaster.jpg

Children are injured every day at amusement parks, water parks, and theme parks. Some personal injuries to children in Florida are caused by the negligent supervision of others and some by the negligent maintenance of equipment. I found a helpful and resourceful web site called www.rideaccidents.com The web site is published by Jared Costanza who has been quoted by other web site and newspapers regarding these kind of injuries and deaths. One tragic incident happened at the Superman Ride at Six Flags Kentucky where a teenage girl suffered the loss of both her feet. Six Flags was fined for the incident where several issues of maintenance were revealed.

If you or your child has suffered an injury at theme park, water park, or amusement park, it is often times helpful to have the assistance and counsel of a Florida child personal injury attorney.

July 4, 2008

Fireworks Injuries to Children in Florida: Who is liable for injuries, expenses and pain and suffering?

817104_fireworks_fuet.jpg

Fireworks help celebrate July 4th, New Years, and other special events. Fireworks are dangerous and have injured a great number of people in Florida and other States over time.

A study reported by the Center for Disease Control reported that injuries were caused by the firecrackers, sparklers, rockets, and other fireworks. Sparklers accounted for over half of the injuries to children under 5 years old.

Safety and parental supervision are the key factors to keeping your children safe during firework demonstrations. Precautions should be taken whether you are in a public park or at a friend's home. Here are some safety tips:

1. Stay a safe distance away form the fireworks;

2. Supervise children at all times that fireworks are being ignited;

3. Make sure that there is enough room to ignite the fireworks;

4. Have a hose ready and a First Aid kit should an injury take place;

5. Have a hose ready and available;

6. Hose down and discard all fireworks garbage and debris;

7. Make sure that all lighters are removed and safety stored away from children;

8. Do not allow children to light fireworks.

You can read more about fireworks and child injuries at Spotlight on Injuries From Fireworks.

July 3, 2008

Sports Injuries, Play Areas, Day Care Centers, Bounce Houses and More - Are Releases and Waivers of Liability Valid for Florida Children?

187211_hands_1_writing_hand_.jpg

Many Florida sport leagues, tournaments, day care centers, pools, and play centers like Pump It Up and others require the execution of a release / waiver of liability for injuries for your Florida child to participate. A Florida family and its attorney challenged the validity of this waiver and actually won the case. The result of the case was that the release / waiver of liability was determined to be invalid in the case. While this may not mean that all releases and waiver of liability for child injuries are invalid, the case does provide good law and guidance for challenging these releases. I actually know the appellate attorney who argued the case before the appellate case and have used this attorney to handle some of my appeals. You can read more about this topic at Florida Youth Sports Liability Waivers Challenged. Proponents of the waivers state that lawsuits should not be filed due to negligence of coaches, leagues, property owners, or others. In addition proponents of the waivers state that the costs of insurance and operations will only increase if the waivers cannot be utilized to limit liability for negligently causing injuries to children. Opponents of the waiver state that the waivers are unfair and will encourage bad conduct without consequences. I believe that the waivers and releases are fair too broad and should not exempt or excuse negligence that causes serious injury to a child. When there is a child injury (with or without a waiver), it is important to contact a Florida Child Injury Lawyer to review the rights of your child.

June 19, 2008

Chaperone Liability: Can a person be held liable when watching a child?

995880_sundown_2.jpg

A recent Hawaii verdict for $700,000 should cause concern for schools, day care centers, churches, and other groups that take field trips within the community, the State of Florida, and abroad. Teresa Cleary, a chaperone on a cheerleading field trip, was charged with the responsibility of chaperoning and supervising the children on a trip to Hawaii. One of the students on the trip (an 18 year old) fell from a balcony to her death. There were reports of drinking prior to the incident. While an incident like this is uncommon, the verdict serves as a "wake up call" to all parents responsible for the health, safety, and welfare of children on a field trip. While it is important to have fun, see the sites, and have an education, the safety of the children is the most important thing when traveling with children. This applies to a field trip around the corner as well as trips to other countries.

The liability of a chaperone is similar to that of a teacher or neighbor watching your child. You can read more about the legal requirements for such a case in Florida by going to my article at Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

June 18, 2008

Risks of Injury at Summer Camp in Florida - Some Activities Are More Risky Than Others

1009258_playground_2.jpg

Summer camp is a tradition in Florida and the United States. Whether your child goes to a day camp or sleep away camp, there are great benefits to summer camp. The goal of summer camp is to enrich the lives of your children. Unfortunately, unexpected events like personal injuries, fractures, lacerations, head injuries, and drownings take place in summer camps. Some can be avoided with better safety measures, supervision, and judgment. Other incidents cannot be avoided. Pediatrics - The Official Journal of The American Academy of Pediatrics published an interesting article / study on injuries in summer camps at Illness and Injury Among Children Attending Summer Camp in the United States The study noted that some activities like horseback riding and capture the flag resulted in a higher incidence of injury.

June 13, 2008

Spinal Cord Injury in Florida Children - Causes of Injury

spine2.gif

Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.

June 10, 2008

Crocs and Escalator Entrapment Injuries - Watch Out at Airports, Malls and Other Areas

605391_sandals_on_the_beach.jpg

Crocs are great, convenient, and relatively inexpensive shoes. Kids in Jacksonville Florida and across the nation wear crocs and love them. Unfortunately, there are reported incidents where children in Crocs have suffered personal injuries on escalators. A recent incident took place at the Atlanta Hartsfield Airport when 3 year old Lexi Pregliasco had her foot trapped on an escalator. The foot was trapped for 15 minutes (according to her mother) before airport officials could get it loose. Lexi was later diagnosed with three fractured toes which required surgery. There is a video posted at the WJXT News 4 Website that covers this incident - Girl, 3, Injured on Airport Escalator. There have been other reported incidents of Croc Escalator injuries as well.

Kathy, the author and founder of www.safemama.com, also wrote an article about Crocs and Escalator Injuries. www.safemama.com is a good resource to check out safety issues, product recalls, and child health matters.

May 30, 2008

Jacksonville Florida Summer Camp Guide

985492_summer_splash.jpg

The Florida Times Union newspaper web site has a tool to research summer camps in Jacksonville Florida. The 2008 Summer Camp Directory should be used by every parent and caregiver making a decision about summer camps. Parents should be careful when selecting a summer camp. Look at the decision like you would for day care or school. The adult and teenage counselors will have the responsibility for watching over and supervising your children. Injuries to children and other incidents can happen at a summer camp in Jacksonville Florida. The careful selection of a summer camp may help avoid these problems in the future. Accidents do happen at summer camps. Some incidents are caused by the negligence of the summer camp and its counselors. Others are not. If there is an injury at a summer camp, day care center, or school - it is important to get legal advice from a Jacksonville Florida personal injury attorney to understand and pursue the rights of the injured child.

March 9, 2008

Deaths Occurring on Florida Disney World Theme Park Rides

A 44-year-old man, Jeffrey Reeb, died after being pulled unresponsive from a Walt Disney World roller coaster Tuesday. There are height requirements for rides such as this one, which was Animal Kingdom's Expedition Everest. Inspectors found that the ride was functioning properly. Deaths like these call into question the safety of rides even when the rides are working as designed.

Prior to Tuesday's death, at least 15 people had died at Disney's theme parks in Florida and California since 1989, some with previous health conditions.

Mr. Reeb had a prior heart condition and it is questionable, according to various experts, whether any immediate medical condition and the use of a defibrillator would have made any difference in the outcome.

Incidents like this show the importance of using caution if you have any heart condition or ailment that puts you at risks when riding fast paced rides like the Everest Roller Coaster. The incident also shows the importance of having available defibrillators in place to give the visitor every chance possible to survive a heart attack or similar problem. You can read more about the incident and various approaches taken by Disney World to deal with these problems at the Orlando Sentinel - Disney World Death on Everest Ride Blamed on Tourist's Heart Condition.