June 12, 2009

Walt Disney World - iphone Program Reports Lines for Rides

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Walt Disney World is magical in many respects except for its long lines. Many people visit Disney World and have a great time. Long lines, however, are never fun. A dad, who was tired of long lines, created a nice program for Apple's i phone. Wait Times is an iphone application that will display reported wait times for lines for rides at Walt Disney World's Magic Kingdom. Users of the program can enter or view wait times on their iphone. The accuracy of the wait times will depend on visitors to Walt Disney World. At the present time, Walt Disney World does not provide such information on its website or the internet. At 99 cents for the download, Wait TIme appears to be a worthy program for the price. Spend a buck and save some time the next time that you visit the Magic Kingdom. Another piece of advice from me - hang on to your iphone and other mobile phones at Walt Disney World and other theme parks. I misplaced my mobile phone once while at the Magic Kingdom. With all of my information on the phone, I was worried about losing the phone permanently. Fortunately, a good citizen turned my phone into Lost and Found.

You can read more about Wait Times,a program created by Brent Pope of Jacksonville, Florida at Tired of Long Lines at Disney World? Now There Is an iphone Application for Them.

April 19, 2009

Bounce Houses Can Be Fatal - The Dangers of Bounce Houses

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Inflatable bounce houses are common sites in cities and towns big and small throughout Florida and the rest of the United States. Children love to play in them and jump around. Unfortunately, bounce houses are the site of serious personal injuries for children as well. Personal injuries and even wrongful deaths can occur especially when safety rules are not followed. In Washington State, a three year old boy died (Jacob Pierce) when an adult jumper fell on the little boy and crushed his skull. It is always important to separate children from adults. Furthermore, it is important to separate children by size and age. In Pop Warner Football, 110 pound boys do not play in the same games as 70 pound boys. This should work the same for bounce houses.

The Consumer Product Safety Commission (CPSC) reported that almost 5000 injuries resulted during the use of bounce houses between 1997 and 2004. Between 2002 and 2005, 4 people were reported to lose their lives during bounce house use / play. The ages of the victims were between 14 and 24. As you can see, young children, teenagers, and, yes, adults are all at risk for injury with bounce house use / play.

You can read more about this bounce houses - dangers and safety tips at Fatal Fun - Inflatable Bounce Houses.

March 30, 2009

Orlando, Florida Theme Park Injuries - What Injuries Have Taken Place at Disney World, Sea World, Universal Studios and Other Attractions?

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Orlando, Florida is a tourist destination for many people throughout the United States and internationally. People visit Disney World, Universal Studios, Sea World, and many other attractions in the Orlando area. Unfortunately, many visitors are injured at the theme parks. The Orlando Sentinel is the leading daily newspaper in Orlando, Florida. The Orlando Sentinel gathered data and information from reported injuries at theme parks between 2004 and 2008. You can research and obtain information on various injuries by performing searches by theme park or injured person's name. There are very few theme park cases that go to trial. As such, it is difficult to determine which incidents / injuries that the theme parks took financial responsibility for and which the theme parks did not.

You can access the database at Orlando Sentinel Theme Park Injuries and Claims.

Whenever a person (especially a child) is injured at an Orlando, Florida theme park or other locations, it is important to get the advice, counsel, and representation from a Florida personal injury attorney or a Florida child injury lawyer on the issues of liability (who is at fault for the injuries?), medical bills, medical treatment, and compensation for the personal injuries.

March 13, 2009

South Florida Toddler Remains in Critical Condition After Falling off of Train Ride at Southland Mall - What Safety Measures Were In Place?

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A toddler is in critical condition after falling off a train ride at the Southland Mall in Dade County, Florida. The toddler was on an electric train at the Southland Mall and for some reason fell off of the ride and suffered a head injury and trauma. Paramedics from Dade County or Miami Fire Rescue arrived on the scene to find a mother who was very upset and stressed over the injuries to her young son. The Southland Mall management shut down the ride for inspection by the Department of Insurance. The toddler was rushed to Miami Children's Hospital for admission. The incident was reported in the news but there are several questions or issues that come to mind on a serious personal injury matter like this.

What kind of train was it?

What the the speed of the train at the time of the incident?

What safety measures were taken by the mall and / or ride operator to insure the safety of young children while on the train ride?

What seat belts or safety harnesses were in place at the time of the incident?

Was the toddler riding alone, with his mother, and / or with others?

Have there been any other incidents with this train in this mall or other malls?

Miami Dade Police and the Department of Agriculture will investigate this matter to determine if there were any defects in the train, tracks, or operation of the same. You can read more about this tragic injury at Toddler Injured on Train Ride at South Florida Mall.

January 15, 2009

Disney World Installs Defibrillators at Resort Thrill Rides

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Disney World has been the site of some heart attacks and other medical conditions during thrill rides. As far as I can remember, there are warning signs on many of the high action thrill rides advising of the risks of the rides to guests with heart conditions, guests with pace makers, guests who are pregnant, and other guests. Some take the risks of the ride even though they are aware of the risks. Others do not know that they are at risks and then suffer a medical condition or event during the ride. Whatever the situation, it is important for Disney World located in Orlando, Florida and other theme parks throughout Florida and the rest of the nation to be prepared for a medical emergency that takes place during a ride at a theme park. Disney World sets up its theme parks in a way that encourages people to remain at the park rather than leave and come back. It is quite a chore, walk, and ride to get back to your vehicle at Disney World. Due to this, it makes it even more important for Disney World to be prepared for a medical emergency. Hopefully, the number of medical emergencies in the future at Disney World are limited in number. When there is a medical emergency and a defibrillator is available, then the staff should be trained in its use, the defibrillator should be in good working order, and the defibrillator should be properly used. The timely and proper use of a defibrillator can save a life. You can read more about this story at Disney World To Install Defibrillators at Its Thrill Rides.

December 15, 2008

Florida Supreme Court Strikes Down Parental Waivers of Liability for Children

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The Florida Supreme Court recently ruled on an important issue involving the validity of parental releases for children engaging in potentially dangerous activities that could cause serious personal injuries and death. In the case, a motorsports park had a parent sign a waiver on behalf of a 14 year old riding an all-terrain vehicle. The trial court dismissed the case due to the waiver / release. An appellate court ruled that the waiver / release was invalid and against public policy. The Supreme Court of Florida agreed and ruled 4 to 1 in favor of the family's right to sue the Defendant for the wrongful death of the 14 year old boy. The appellate attorney representing the family was Bard Rockenbach. I know Mr. Rockenbach and have worked with him in the past on some legal and appellate issues. He is a very knowledgeable attorney who has dedicated many years to legal issues to protect and enforce the rights of children and their families. The Supreme Court of Florida has paved the way for other families to bring actions against commercial enterprises and their employees who negligently cause personal injuries and / or the wrongful death to children. A child personal injury attorney who is knowledgeable to the current case law, statutes, and procedures can assist families of injured children in their quest to obtain rightful compensation for medical bill, pain and suffering, and the loss of enjoyment of life. You can read more about the Supreme Court's decision at Supreme Court of Florida Rules that Parents Cannot Waive Legal Rights of Children.

December 2, 2008

Flea Markets in Jacksonville Florida Can Be Dangerous - Man Shot at Flea Market

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Florida Flea Markets are places for bargains and also . . . violence. Gun fire recently broke out a the Norwood Flea Market located at 5301 Norwood Avenue in Jacksonville, Florida. I personally have been at this flea market. I brought my children there when they were younger. I remember the pony ride and some of the vendors. Little did I know that it would be a place of violence and gun fire in the future. A 29 year old man was shot in the right as he was heading to his car from the flea market. Two bullets hit the victims car as well. The Jacksonville Sheriff's Office will investigate the incident to determine the identity of the shooter and if the shootings resulted from a personal dispute, business dispute or some other cause. The shootings took place at 2:00 p.m. in the afternoon. This is quite frightening when thinking about all the incident adults and children who were at the flea market that day. You can read more about the incident at the Jacksonville Florida Flea Market Shooting Being Investigated the Local Police.

November 18, 2008

Escalator Related Injuries to Children Between 1990 and 2002 - A Comprehensive Study

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The Ohio State College of Medicine conducted a comprehensive study of incidents involving escalators and injuries to children. There were approximately 26000 escalator related injuries to children between 0 and 19 during the time period between 1990 and 2002. The study showed that about 40 % of the children were under the age of 5. The average age of the children was 6.5 years of age.

Proper design and maintenance are important to help avoid escalator related injuries. It is also vital that parents and caregivers closely supervise children while riding escalators. You can read more about the study at Escalator Related Injuries to Children in the United States.

October 29, 2008

Bounce House Injuries - Incidents of Injury and Death

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Florida has great weather year round which allows for the use of bounce houses year round at backyard birthday parties, neighborhood parties, schools, churches, and parks. The Consumer Product Safety Commission (CPSC) reported that approximately 4900 injuries resulted in emergency room visits in 2004. There have even been deaths that have occurred in bounce houses. Many serious injuries and deaths have resulted from the lack of supervision and the presence of older children or adults with younger children. Unsupervised, many children attempt stunts that are very dangerous which in turn result in head injuries and other injuries. Good behavior by the children and constant supervision by parents and caregivers can help prevent injuries to children while playing in a bounce house.

October 21, 2008

Florida Fairgoer Catches Baby Dropped from a Ride in Central Florida

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Fair and carnival rides are fun, family outings - - usually. In Central Florida, a mother and her 2 year old child had a problem in the "Crazy Bus" ride. The small Ferris Wheel like ride began to move as passengers where exiting which, in turn, forced the mother (Sherri Pinkerton) to hang onto the ride by one hand and try to hold onto her 2 year old with her other hand. Fortunately, the 2 year old fell into the secure hands of another fair goer. No injuries were reported. Central Florida Fairgoers Catch Toddler.

There must have been a great deal of fear and anxiety over the incident which did have a happy ending. Safety should be the primary goal of all fairgrounds and carnival rides. This goes the same for any event where children go including amusement parks, water parks, theme parks, public parks, and even birthday parties. All tents, bounce houses, and other structures should be securely put in place with appropriate adult supervision thereafter to make sure that the children (big and small) follow the rules for the safety of themselves and others. Preventing child injuries should be part of the planning and management at all events and venues.

August 15, 2008

My Child Was Injured at a Florida Hotel: What Are My Child's Rights in Florida?

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Florida is a tourist destination for many people. Florida residents also travel throughout the State of Florida and vacation / visit many area. Florida hotels and their owners and operators have a duty to provide a safe and secure environment for their guests and visitors including children. The common areas and rooms need to be inspected and cleaned on a regular basis. If the hotel chooses to put an amenity in place like a pool, playground, or play area - the hotel must reasonably maintain the area for the protection and safety of the guests and visitors to the hotel. "What are my rights if my child is injured?" I am often asked this question and the answer depends on the facts and actions / inactions of the hotel owner, management, staff, and employees. While a hotel owner is not liable for every incident and injury on the premises, the hotel owner is liable for the injuries that were caused by negligence. To protect and understand the rights of the injured child, it is often times helpful to consult with an experienced Florida child injury lawyer.

August 9, 2008

Teenager Falls to His Death at the Grand Canyon

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A teenager from Canada fell to his death recently at the Grand Canyon National Park. While I did not personally see the fall, I was at the Grand Canyon when the fall took place and saw the rescue vehicles responding to the incident. The Grand Canyon is a wonderful place to visit but visitors should be cautious about walking or sitting near the edge or rim of the Grand Canyon. Approximately 2 to 3 people die each years from falls at the Grand Canyon. When visiting the Grand Canyon, other National Parks, theme parks, and attractions, visitors and especially parents should pay close attention to any natural or man made dangers. You can read more about the tragedy at the Grand Canyon at Canadian Falls to his Death at the Grand Canyon.

August 6, 2008

Is a Liability Waiver or Release as to a Child's Injury Valid in Florida?

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Is a Liability Waiver or Release as to a Child's Injury Valid in Florida? Under recent Florida case law, these type of waivers or releases have been deemed invalid and against the public policy of the State of Florida. If possible, parents and guardians should not sign these waivers or releases. However, commercial enterprises often times will not allow a child to participate if the waiver or release is not signed. The signed waiver or release does not grant the commercial enterprise or business immunity in any manner in the State of Florida. In Applegate v. Cable Water Ski, a 5 year old was injured while being pulled on a wakeboard. The parents signed a waiver prior to the injury. A lawsuit was filed and the water ski company tried to run away from liability by presenting the signed waiver or release. The Fifth District Court of Appeal rules that such waivers and releases were invalid. The Court notes that non-profit organizations like charities and schools may be subject to different rulings than commercial enterprises. If you signed a waiver or release at Pump It Up or some other commercial enterprise or business, your child's rights are still intact. Do not be fooled or misled by the self serving forms that are written for the so called protection of these businesses. If you have any questions about a child injury, it is helpful to contact an experienced Florida child injury lawyer to review waivers, releases, the facts of the case, and your child's rights.

July 31, 2008

Horse Drawn Carriage Overturns in Historic St. Augustine Florida - Passengers Are Injured.

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Automobile accidents are every day occurrences in North Florida which includes Jacksonville and St. Augustine, Florida. These include rear end accidents, improper left turns, and running of stop signs. Horse drawn carriage accidents are far less common. Recently, a horse drawn carriage overturned in St. Augustine, Florida causing personal injuries to the passengers. Some of the passengers were visually impaired. The carriage actually overturned and pinned the passengers for a time period. Three of the passengers were taken to Flagler Hospital. Avalon Carriage Company operated the horse drawn carriage. Typically, the horse drawn carriages do not take the U Turns of the nature that was taken at the time of the incident.

In Florida, cases of this nature (while uncommon) are evaluated on the same standards as an automobile accident case. Was there negligence on the part of the driver / owner of the carriage that caused or contributed to the incident? A Jacksonville / St. Augustine Personal Injury Lawyer / Attorney can assist with these and other issues involved with a case of this nature.

In addition to considering liability issues, insurance will be an issue in handling a case of this nature. What type of liability or business insurance did Avalon Carriage Company have in place? It would appear that the City of St. Augustine would require carriage companies to have liability insurance in order to operate within city limits and to get a permit to conduct such a business. You can read more about this incident at Carriage Overturns in St. Augustine Florida - Three Taken to Flagler Hospital.

July 21, 2008

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

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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?

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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?

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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?

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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

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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

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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

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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

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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.