Florida Child Injury Lawyer Blog

Businesses, theme parks, and amusement parks that market to children and their families have a duty to provide a reasonably safe play environment for the children. While a business is not responsible for every single injury that takes place, a business is legally responsible for injuries that take place due to improper supervision or maintenance of the facility. In some Florida cases, the negligence and resulting harm are clear and obvious. In other cases, there is a dispute over the liability and responsibility for the child's injuries. In many of these cases, a lawsuit is filed so that a Judge / Jury can ultimately decide the legal and factual issues involved in such a case. A Florida Personal Injury Attorney can help a family with advice and representation on these type of child injury matters.

In Largo, Florida, it was reported that a lawsuit was filed against Chuck E. Cheese for an injury that took place at this restaurant / amusement facility. The parents alleged that the staff at Chuck E. Cheese was negligent in the supervision of the facility. The child was injured when she feel off the Hampster Wheel device in the play area. Another child was in the ride at the time. It was reported in the news story that the ride was made for the use of one child at a time. The child suffered dental and mouth injuries as a result of this incident. See Parent Sue Chuck E. Cheese for Personal Injuries to Child.

Pursuing a claim or filing a lawsuit against a big company like Chuck E. Cheese can be quite challenging. Typically, these companies have a risk management department and attorneys / claims representatives on staff that handle the investigation of claims. The safety of children should be the focus of the policies, procedures, and operation of a facility. When company policies and procedures are not followed, children often times are the victims of personal injuries. Many injuries can be prevented when policies and procedures are followed. Furthermore, a little common sense and due diligence can go a long way to preventing many child injuries from happening.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Amusement Parks / Theme Parks, Water Parks and Swimming Related Injuries, Damages / Compensation, Medical Bills / Medical Treatment and other topics. A parent or other concerned person can obtain this book for free at The ABCs of Child Injury.

Due to recent personal injuries sustained by two different amusement park attendees, Universal Orlando has temporarily changed one of its popular Harry Potter-themed thrilled rides, the "Dragon Challenge." The two victims where allegedly struck by loose objects causing one of the victims to lose his right eye. The "Dragon Challenge" consists of a pair roller coasters that are simultaneously launched and pass within feet of each other as the advance along the track. The near-misses that have been the hallmark of the attraction has been temporarily removed from the ride, the roller coasters will no longer be simultaneously launched. The first incident occurred on July 31, 2011 when 52-year-old Carlos Montalvo, of Puerto Rico was struck in his right eye while riding the attraction, he was sitting in the front seat of one of the roller coasters. According to Montalvo's attorney, Clay Mitchell, the unfortunate incident caused Montalvo to lose all vision in his eye and ultimately have it permanently removed. The second incident, occurred sometime in August 2011 when 19-year-old Jon Wilson, of Ohio, said he was hit by something on his foot, arm and face. Wilson initially thought it was a bug, but once he observed blood on his hands he knew he was struck by something else. Tom Schroder, Universal spokesman, said Universal Orlando officials have conducted a "thorough review" of the attraction and do not "believe the ride itself played a role in these incidents." However, until the further investigation is completed the coasters will not cross at their typical intersection points. It has been speculated that guests' personal items have been discharged while riding the attraction. For more details please read Universal Orlando makes changes to Harry Potter-themed dueling roller coasters.

The Space Mountain attraction at Walt Disney World amusement park in Orlando, Florida was temporarily shut down recently. A 48-year-old woman was found unconscious and not responsive at the end of the ride last Saturday morning. The woman was able to breathe on her own, but was transported to a local hospital for treatment. Disney referred all questions regarding the woman’s medical condition to Dr. Phillips Hospital.

Amusement parks should be fun and safe for everyone; however, amusement park accidents occur more often that you might think. According to a recent study conducted by the National Consumer Product Safety Commission, an average of 7,000 people out of the 270 million people that chose to entertain themselves at an amusement park in the U.S. each year end up in the emergency room for injury treatment. Florida amusement park accidents can result from a variety of factors such as slips and trips on faulty rides, food poisoning and objects falling from rides onto unsuspecting park attendees.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has a chapter on Amusement Park and Theme Park Injuries as well as chapters on Medical Bills / Medical Treatment, Damages / Compensation, and other topics. You can received a free child injury book at The Florida Child Injury Lawyer Blog - Free Child Injury Book. The book is also available for $4.99 at Amazon, Barnes & Noble, and the Apple iBookstore.

Continue reading "Disney Space Mountain Ride Closed Briefly Following Incident in Which Rider Was Found Unconscious" »

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.

Teagan Marti made a public appearance recently following a tragic incident that took place in Wisconsin over the summer. This resilient and brave 13 year old is doing her best to deal with serious personal injuries that resulted from inattention, negligence, and carelessness on the park of a Wisconsin amusement park. Teagan has a very supportive family and has received months of medical care to get to where she is medically today. Teagan is texting friends and playing video games. She has made progress and has the spirit and drive to improve but still has a long road ahead of her with these injuries.

Safety is so vital for Amusement Parks and Theme Parks. Otherwise, significant injuries, like those to Teagan Marti, will result. Safety first . . . . safety in the middle . . . and safety last should always be followed for any ride and for every rider. Amusement Parks and Theme Parks welcome children through the doors every day. Children and their families bring in the dollars and expect to have a good time. In addition to entertainment, parents should be provided with a safe environment for their children. Most parents are not engineers or safety experts when it comes to a mechanical ride or attraction. These duties belong to the Amusement Park and Theme Park. Contrary to any signs or attempts to limit liability, Amusement Parks and Theme Parks are liable for the negligence and misconduct of their employees. A child does not enter a ride at his or her own risk. That is a ridiculous argument that is clearly frowned upon by judges, courts, and juries.

You can read more about Teagan Marti, the remarkable teenager, dealing with the significant personal injuries from the Wisconsin amusement park at Girl Who Survived Carnival Ride Makes First Public Appearance.
See also 13 Year Old Girl (Teagan Marti) Released from Hospital Following Injuries from 100 Feet Drop at Wisconsin Amusement Park.

If you are a parent or caregiver with questions about a child injury, get a free copy of the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. In this book, parents can get information regarding various issues that arise when there is a child injury. There is a section on Amusement Park and Theme Park injuries that contains some general tips for parents dealing with an incident at an Amusement Park or Theme Park. In addition, there are sections on Medical Bills / Medical Treatment, Automobile Accidents, Day Care Injuries, School Injuries, and other topics. Click Here to get your free book which will be sent to you the same day you order it.

Disney is the largest employer in the Central Florida area. As part of its entertainment empire, Disney owns and operates many vehicles in and around the Orlando area. Recently, Disney enacted a rule for its employees - "No Texting While Drivng." While this is not a Florida law on the books, Disney is taking a good step towards better safety by putting this rule in place. Texting While Driving is plain dangerous and absolutely leads to driver distraction which, in turn, leads to serious automobile accidents, bus accidents, and van accidents. Many serious personal injuries and accidents can be avoided by eliminating driver distraction at all times possible. Texting While Driving is a smart move for Disney and any other company that is thinking about the safety of the passengers, other drivers on the road, bicyclist, and pedestrians. You can read more about this story at
>Disney Bans Employees from Texting While Driving.

In Florida, the state is covered with hotels and motels. Florida is a vacation spot / destination for many visitors seeking to enjoy the Florida weather, attractions, and theme parks like Walt Disney World, Sea World, Busch Gardens, and Universal Studios. Florida law requires railings on balconies at hotels / motels. Pursuant to Section 509.211, Florida Statutes - Safety Regulations, a public lodging establishment (i.e. hotel or motel) is required to have safe and secure railings on all stairways, platforms, and balconies when the public lodging is three or more stories in height. Furthermore, all such railings shall be properly maintained and kept in good repair.

In Florida, we enjoy great weather virtually year round. In most neighborhoods, you will see trampolines which can be great fun for children. Unfortunately, trampolines are also the site of serious personal injuries to children. While not all injuries can be prevented, following some basic safety tips can help reduce the number and severity of Florida trampoline related child personal injuries. A good article was posted at the
website - www.kidstoycollection.com. The following tips were suggested:

1. Provide adult supervision while the children on on the trampoline;

2. Inspect the frame and springs and make sure that the trampoline pad is the right fit and style for the trampoline;

3. Limit play on the trampoline to one child at a time;

4. Keep the trampoline away from other areas or objects that may cause a safety issue when playing on the trampoline; and

5. Have a trampoline enclosure in place.

Parent, child care providers, and others should provide child with supervision and safe equipment. Supervision and safety can prevent many child personal injuries.

In Florida, the state is covered with hotels and motels. Florida is a vacation spot / destination for many visitors seeking to enjoy the Florida weather, attractions, and theme parks like Walt Disney World, Sea World, Busch Gardens, and Universal Studios. Florida law requires railings on balconies at hotels / motels. Pursuant to Section 509.211, Florida Statutes - Safety Regulations, a public lodging establishment (i.e. hotel or motel) is required to have safe and secure railings on all stairways, platforms, and balconies when the public lodging is three or more stories in height. Furthermore, all such railings shall be properly maintained and kept in good repair.

Hotel and motel owners have a duty to comply with this law and others. It is vital that adults and children visiting hotels and motels are provided with reasonably safe accommodations. With safety precautions like railings in place, many serious personal injuries can be prevented.

A Spring Break vacation turned tragic when 9 year old - Chase Brubaker - died in a bus / bicycle accident at Disney Fort Wilderness. As reported in the Orlando, Sentinel, Chase was riding his bicycle on a sidewalk. Thereafter, Chase was run over by the rear back tire of the Disney bus. The details as to how the accident happened will be investigated. The issues would involve the following:

Where was Chase riding his bicycle just prior to the incident?

What was the speed limit in the area?

Did the bus driver see Chase or the other bicycle riders prior to the incident?

Was there anything about the bus driver's driving that caused or contributed to the incident?

Was there anything about Chase's bicycle riding that caused or contributed to the incident?

People reading about this incident should keep in mind that newspaper and television stories are very brief in nature and often times do not include the full statements of the witnesses, detailed diagrams or accident reconstruction, or other key facts or information to a case of this nature.

It was quite a frightening site for his friend, the bus driver and those on the bus. Police will conduct a thorough accident death investigation into the incident. The accident took place on Big Pine Drive which is a two lane roadway that runs around the Fort Wilderness Campground according to the Florida Highway Patrol. You can read more about this incident at 9 Year Old Boy Dies in Disney Bus / Bicycle Accident.

Florida lawmakers are supporting a bill that would address the validity of waiver of liability forms for children engaged in recreational, sports, and other activities. An important amendment to the bill would still allow a parent to file a lawsuit against the business if there was negligence on the part of the business. It appears that the bill as proposed would only apply to the inherent dangers of the activity rather than injuries suffered as a result of poor supervision, inadequate maintenance, or other negligence. You can read more about this bill at Lawmakers Considering Bill Regarding Liability Waivers for Children.

In Orlando, Florida, Disney World's buses and transportation sites convey millions of people in and out of the theme parks and resort areas. Every day, there is a hustle and urgency to get visitors to the parks to enjoy the theme parks and activities. Unfortunately, automobile and bus accidents are reported in Orlando that involve Disney buses and visitors. One recent incident involved a Disney bus driver who rear ended a tour bus for the Waldorf Astoria Hotel that was stopped for mechanical issues. This accident was investigated and reported by the Florida Highway Patrol. Ivan Marriott, age 5, was one of the passengers on the bus. The severity of his injuries were not known until he had returned to Arizona for additional testing. It was later discovered that Ivan actually suffered a fractured pelvis which is an extremely painful kind of injury. For most, a trip to Disney World is filled with fun and great memories. For others, a trip to Disney is not so pleasant especially when a person suffers serious personal injuries. You can read more about this story at Arizona Boy Suffers Pelvic Fracture In Disney Bus Accident - Orlando, Florida.

Yamile Campuzano-Martine was on her way to the airport to pick up a relative. She had two children in the car with her. Reportedly, her six-year-old child was riding in the woman’s lap when she lost control of the vehicle and crashed into a fish tank that was part of an exhibit at the Tampa Bay International Airport.

The collision destroyed a 1,500 gallon tank, worth $50,000 - 100,000. The tank held about 30-40 saltwater fish, worth $3,000 - 5,000, none of which were expected to live. The detroyed aquarium was part of the airport’s “El Movimiento del Mar” public art program. TIA reportedly spent $200,000 on the exhibit; the fish and tank maintenance were provided by the aquarium.

Ms. Campuzano-Martine was cited for careless driving, failure to use a child restraint device and failure to provide a driver's license. It appears that no one in the car was injured seriously, and Ms. Campuzano-Martine declined a hospital visit for the six-year-old boy. No one in the airport was injured.

Parents should always make safety and security a priority for children when they are riding in a vehicle. This includes the use of seat belts and child safety seats. According to Florida state law, all passengers of a vehicle under the age of 18 years old must be restrained by a safety belt or child restraint device, and it is the driver’s responsibility to make sure they are in compliance. In this case, the six-year old should have been wearing a seat belt. While it is always important to follow the law, it is even more important to provide for the safety of children when they are in riding in a vehicle.

You can read more about this car accident involving two children at With child in lap, woman drives into TIA fish tank.

Millions of people visit Disney World every day. With such a large congregation of people including children, there is a concern by many that such a location would be a prime breeding and distribution site for the Swine Flu otherwise known as the H1N1 flu. It is a concern not only for adults, parents, and children visiting the Magic Kingdom but also employees who work there. Disney is taking some steps to try to make Disney World a safer and cleaner place for visitors and workers. Hand sanitizer dispensers have been installed at high traffic locations including the park entrances, hotel lobbies and other locations. The problem is that it is impossible to maintain any theme park in a perfectly clean or sanitary condition. Rides are not wiped down after every passenger and counters are not wiped down every moment. It is good that some steps are taken but visitors can take their own precautions as well by washing their hands throughout the day and carrying their own sanitizers. You can read more about this topic at Disney World and Swine Flu Precautions.

Good parenting involves consistent care, supervision, and education. A good parent will also show an interest in the child's sports and hobby activities. Sports card collecting is a great hobby for a parent to spend time with a child and interact with a child. Like any other hobby, there is a great deal to learn in sports card collecting. Some read a book or an article or two to get an education in a hobby. Others seek out experts in the field for advice and collecting. In Jacksonville, Florida, Dick and Jane's Sportscards is a great family owned business. The store is located at 1819 Dean Road, Jacksonville, Florida 32216 (904) 725-2316 - www.dickandjanes.com. Whether you are a first time collector or an experienced collector of football cards, baseball cards, or basketball cards, places like Dick and Janes are great locations to share a hobby with your child and to spend quality time pursuing a fun hobby like sports card collecting.

Twelve-year old Jennifer Valdivia was attending a Florida Marlins vs. Philadelphia Phillies baseball game last July when Ryan Howard hit his 200th career home run. Jennifer was lucky enough to catch the ball, but Howard apparently wanted the ball back.

A representative from the Phillies ball club approached Jennifer in the stands, and told her that if she handed over the ball, he would have Howard sign it for her and Howard would give it back to her personally after the game. After the game, Howard was nowhere to be seen, but a security guard found Jennifer and gave her ball that had been autographed by Howard - a brand new ball, not the one she had caught.

Upon learning what happened, Jennifer’s mother, Delfra Vanegas, called the Phillies and asked them to give her daughter the ball back. The Phillies did not respond until the family’s attorney sued the club for $15,000 and the ball. The Phillies then returned the ball to Jennifer, who says she has no plans to sell it.

When a fan catches a ball in the stands, it is generally accepted that they are allowed to keep it. Taking a ball from a small child because it is believed to be worth a lot of money is an act that is bound to make both Howard and the Phillies look bad to the general public. The fact that they mislead the girl into giving them the ball with false promises would have undoubtedly helped the girl’s case if it had gone to trial.

Find out more about this story at Jennifer Valdivia 12-Year-Old Sues Philadelphia Phillies Over Ball.

Walt Disney World recently announced plans to expand the Fantasyland part of the theme park in Orlando, Florida. Disney will add a Little Mermaid Theme Ride. In addition, plans include relocating the Dumbo ride and adding a Circus theme part of Fantasyland. See Walt Disney World Facelift Will be Biggest Renovation in Theme Park's History.

Theme Parks like Disney World need to update and renovate over time in order to attract more business and re-energize those who have visited Disney in the past. In addition it is important to renovate in order to update safety precautions for guests including children who visit the park. Safety precautions that were put in place 20 years ago have been and should be updated. In adding new rides and taking down old ones, Disney can evaluate and re-evaluate safety measures.

Many people believe that Disney will pay for any injury that takes place on its premises. Not true. Disney has a duty to provide for a reasonably safe environment. Disney has a duty to inspect and maintain its theme park. Just because a child happens to be injured while visiting the theme park does not mean that there is civil liability for the injury. Each injury or incident is evaluated on its own merits. Issues or questions that arise include the following:

*Where did the incident take place in the theme park?

*Was there anything that a Disney employee did or failed to do that caused the injury?

*Was there a maintenance issue or mechanical defect that caused the injury?

*Was there anything that Disney and its staff could have or should have done to prevent the injury?

*Were there any witnesses to the incident?

*Did any employees of Disney make any statements regarding the incident, maintenance in the area, or condition in the area?

While Disney is a big company that rakes in millions every day, Disney will not just open its "wallet" because there is an injury that takes place at the park. If there is no fault on the part of Disney or if it is difficult to prove fault, Disney, in most cases, will challenge or fight any attempt to collect money from Disney. In most cases, it is helpful to have the advice, counsel and representation of a Florida child injury attorney or a Florida personal injury lawyer to find out your legal rights and options.

What is done about dirty and unsafe hotels in Orlando / Central Florida? Over the years, I have visited Orlando with my family and on business a great many times. Personally, I have stayed at or visited hotels from the very nice to the very scary. Pulling into one hotel late at night many years ago, I saw the flashing of police lights and the presence of officers in the hotel lobby. I asked the front desk clerk what happened. She said that a woman threw her boyfriend out of the plate glass window of her room. I was concerned and asked if this was the first time that this sort of incident happened. The clerk said, "No - not at all - it happens all of the time.". This is one hotel that I have not returned to. Since many hotel is unsafe, dirty or poorly maintained, parents and other guests in the hotel area should be careful about the selection of a hotel. The Orlando Sentinel recently published an article that reported on the problems with dirty hotels and hotels that were not in compliance with hotel regulations. The investigation seemed to indicate that violations were documented by officials but no real punishments or fines were levied in many instances if corrective action was taken. You can read more about this story at Does Florida Lack Teeth in Punishing Dirty Hotels?

A Walt Disney World employee cast member died as a result of a recent accident at the theme park known as Hollywood Studios. During a rehearsal, Anislav Varbanov, asge 30, died while performing a tumbling move in the Indiana Jones Epic Stunt Spectacular. Anislav apparently suffered a head injury during the rehearsal. The Orange County Sheriff's Office and the Federal OSHA (Occupational Safety and Health Administration) Office will be performing an investigation into the incident. From news reports, it is difficult to determine if the staff at Disney or any contractors were negligent regarding this incident. Florida law allows worker's compensation victims to pursue a claim for damages / injuries regardless of fault. If the injury occurred during the scope and course of the employee's employment, worker's compensation should then provide benefits to the injured employee. When there is a death that takes place at work, worker's compensation has provisions in place to compensate family members for the death regardless of fault. You can read more about this story at Disney Employee Dies During Rehearsal.

In Orlando, Florida, Disney World is a major theme park that entertains millions of guests every year. There are many dedicated employees at the theme park. Some employees have the responsibility of wearing a character suit or costume and going around the park to entertain guests. This job can be quite challenging. In summer months, it can be quite hot working in the outfit. In addition to heat, weather elements, and being on their feet, it appears that characters at Disney World are also at risk for assault and groping. In Orlando, Florida, a man was recently convicted of groping Minnie Mouse. It was reported that John William Moyer went to trial on charges that he groped a woman in character as Minnie Mouse when he fondled her breasts. As part of his criminal sentence, Mr. Moyer must write a letter of apology, complete fifty hours of community service, pay a fine, serve a term of probation, and undergo a mental health evaluation with treatment. You can read more about this story at Man Convicted for Groping Disney World's Minnie Mouse.