Florida Child Injury Lawyer Blog

Ryan Gooding, of Palm Springs, Florida and friend saw a science experiment on YouTube.com that looked interesting to them, and decided to try to do the experiment on their own. The experiment was creating a rocket out of a plastic soda bottle using vinegar and baking soda.

But when Ryan and his friend were ready to launch the rocket, the bottle accidentally exploded in Ryan’s face, causing chemical burns, lacerations, a broken nose and temporary blindness in one eye. Ryan was hospitalized. Unfortunately, the family’s health insurance policy lapsed two days before the accident took place, and now his mother is trying to figure out how to pay the hospital bills for her son’s care.

Experiments and entertainment on TV and the Internet often look very tempting to young kids, who do not have a fully-developed sense of caution when it comes to dangerous activities. Parents need to help their children understand that mimicking stunts and experiments performed by professionals is dangerous and could get them hurt. The news story did not point out the link to the YouTube.com video Ryan was watching, but one can only hope that it had an appropriate warning for children not to try the experiment at home without supervision.

Read more about Ryan and his family’s plight at Child injured recreating YouTube experiment.

Professional “mommy blogger” and stay at home mom, Shellie Ross of Merritt Island, Florida, surprised her 5,000 Twitter followers recently by Tweeting all the details of the drowning death of her two year old son Bryson. The child reportedly wandered off from his eleven year old brother and fell into the family’s pool. A few minutes before the child wandered off, Ms. Ross was tweeting about the weather, then suddenly started asking followers for their prayers as she rushed with the child to the emergency room.

The online community was shocked by Ms. Ross’ announcement and the fact that she continued to Tweet about what was going on as she waited for news of her son’s fate in the emergency waiting room. Family members and the Brevard County, Florida Sheriff’s Office do not agree; they say that they believe tweeting had nothing to do with this tragic accident. Ms. Ross has locked her account and has not sent any more tweets since immediately after Bryson’s death. You can read more about this tragic drowning death and the online community’s reaction to it at Tweet sorrow.

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.

Florida enjoys the reputation of being a tourist destination with warm weather and fun theme parks like Disney World, Universal Studios and Busch Gardens. Unfortunately, Florida also has the distinction of being the number one State in the United States for drownings. The United States Consumer Product Safety Commission ranks Florida as the number one State for infant drowning deaths. It is interesting and tragic to note that drowning is the second leading cause of death in children under the age of 14. In many drowning death and injury cases, the incidents are avoidable with better safety precautions and supervision. Barriers like pool fences and screen enclosures can help prevent many of child injuries and wrongful deaths due to drownings but parents and homeowners should not completely rely on these safety devices. Supervision is also important anytime children are playing in or near a pool area. You can read more about

You can read more about the problems and dangers of drownings and Florida and other States at Florida Has Number One Ranking in Swimming Pool Drownings.

In Lauderhill (Broward County) Florida, a one year old (Lawrence Paul) died after he drowned in a canal behind his home. At the time he fell in, he was with his three year old sister. The children were under the care of an aunt when the incident took place. There was a fence behind the home but it had no lock on the gate.

In South Florida as well as the rest of the State, there are lakes, canals, rivers, streams, and other water ways throughout the State, it is vital that children was kept away from these most dangerous areas by installing secure gates with locks to keep children out. Water ways like canals can be deemed an attractive nuisance for children. As such, property owners, both home and business, have a duty to protect children from the dangers by installing proper barriers and fencing of the dangerous areas. Fences, locks, and proper supervision can help avoid serious personal injuries and wrongful death to children every year in Florida as well as the rest of the country.

In 2008, there were 11 child drownings in Broward County Florida according to the Sun Sentinel newspaper. You can read more about this story at 1 Year Old Broward County Child Drowns in Canal Near Home.

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.

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.

A landowner, business or homeowner, may be held liable in Florida for injuries to children on the property if the injury is caused by a hazardous or dangerous condition that is likely to attract or interest children who are unable to appreciate the risk posed by the object or condition. In Florida, children under the age of 6 cannot as a matter of law be considered negligence. Children over the age of 6 can be considered negligent in part for their own injuries. Cases of attractive nuisance may involve piles of lumbar or sand, abandoned cars, trampolines, swimming pools, electrical transformers, wells, and irrigation equipment. Florida cities from Miami to Jacksonville to Pensacola all have weather that permit a child to play outside year round. Child are curious and will play in just about any area. A dirty and dangerous area to an adult is viewed as something quite different to a child. Typically, businesses, government, and homeowners have liability insurance that cover injuries to children caused by an attractive nuisance.

Florida children are at high risks for drowning and other pool related injuries when at home or visiting a friend's home. To protect children of all ages in Jacksonville and other Florida cities, the legislature enacted the Residential Swimming Pool Safety Act. Chapter 515, Florida Statutes requires that a homeowner have a barrier at least 4 feet high on the outside without any gaps that could allow a child to crawl or squeeze through. The barrier needs to be placed around the barrier of the pool. These barriers are not only for the protection of children in the house but also for the protection of visitors to the home. Even if a homeowner does not have any children or visitors who are children, the barrier is required. You can read more about the act by going to the official site forFlorida Statutes - Chapter 515.

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.

Children accompany their parents to grocery stores every day in Jacksonville, Florida and other cities. Typically, things go well at the grocery store assuming there are no behavioral problems, wandering children, or unexpected injuries to Florida children in the form of fractures, lacerations, head injuries, and eye injuries. Many of these child injuries result from negligent maintenance or supervision of the retail store and surrounding area. Often, a Florida personal injury claim can be pursued if the retail store and its employees failed to properly provide for a safe environment for customers and their children. For the most part, retail stores like Publix, Winn Dixie, Target, and Wal-Mart keep their shopping carts clean and in good working order. I represented a client a few years ago who was knocked over by a shopping cart by an employee who was playing games in the parking lot. Children are especially prone to injuries as a result of falls and other incidents involving a shopping cart. The United States Consumer Product Safety Commission (USCPSC) conducted a study that showed over 20,000 annual injuries to children involving shopping carts which required treatment at an emergency room. You can read more about this study at Shopping Cart Injuries Involving Young Children.

The Florida Highway Patrol has a special Halloween Page that gives safety tips to parents and children for Halloween. While Halloween is a special day and night, it also comes with it dangers of children on the road, children roaming house to house, and traffic. Go to the Florida Highway Patrol Web Site to check out the special Halloween Page. It is a cool page to show your children and a nice way to review great safety tips for Halloween.

Every year, children are injured while trick or treating. Halloween Night bring with it the dangers of crowded neighborhoods, parked cars blocking portions of the roadway, improper lighting, dark costumes, and children who do not have the best of judgment with the excitement of Halloween.

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.

Every year, thousands of children suffer serious injuries from burns in Florida and the rest of the United States. Children under the age of 4 are at the greatest risk for injury and have a higher incidence of death as compared to other age groups. Burns are among the most painful injuries that a child can sustain. Treatments are available for burn type injuries but the serious burns often result in permanent, painful injuries. You can read more about burn injuries at at helpful site called www.preventinjury.org -Burn Injuries.

Thousands of children are injured every year in Florida homes. Many children are injured while visiting a friend or neighbor. Who is liable when a child is injured at the Florida home of a neighbor or friend? Homeowners have a duty to provide a reasonably safe environment for children invited to the property or who are known to visit the property. If a homeowner has a child over, the homeowner has a duty to remove hazards and dangerous conditions. In addition, depending on the age and maturity of the child, the homeowner has a duty to supervise the child. There is no Florida law granting immunity to a homeowner, friend, or even a relative who has a child inside or outside of the home.

Mortgage companies typically require that a homeowner have homeowner's insurance in place. Most homeowner's have a mortgage. As such, most homeowner's have insurance in place that will typically cover accident or negligent related injuries. Even though there is coverage in place, a homeowner's insurance claims adjuster will still investigate the claim to determine if a challenge is in order as to the liability or damage issues of the claim. Insurance adjusters are trained professionals and because of this - it is important to have an experienced Florida child injury lawyer in place to protect and enforce the rights of the injured child.

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.

Photographs are extremely important pieces of evidence when documenting an injury to a Florida child caused by the negligence of another person or business. Most mobile telephones have cameras built in. Some camera phones are better than others. I typically advise clients to take photographs with a regular or digital camera to make sure that the photographs clearly document the injuries or the site of an accident. In my law practice, photographs have been pivotal in documenting the following:

Vehicle damage;
Intersections;
Skid marks;
Dangerous floors, parking lots, stairs, and other conditions;
Damage to barriers, trees, and roadways;
Lacerations, burns, and cuts;
Stitches, staples, and surgical incisions;
Bruises and welts;
Facial injuries;
Eye injuries;
Scarring; and
Dog bites.

If you do not have a camera, ask to borrow one or buy a disposable camera. Sometimes, the photograph is the most important evidence on a case. Of course, it is helpful to have the advise, consultation, and representation on a Florida child injury matter in order to make sure the photographs and other evidence are properly preserved and presented to support a claim or lawsuit.

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.

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.

Florida children are injured every day on Trampolines in the United States. Children use trampolines year round in warm weather cities like Jacksonville, Florida and other Southern Cities. While it is quite nice to go outside virtually every day, it also means that Florida has its fair share of trampoline injuries.

According to a 7 year study through the Hasbro Children's Hospital in Rhode Island, a majority of the injuries (over 90 %) occur at home. There were over 70,000 emergency room visits in 2002 as a result of trampoline injuries. Some injuries occur as a result of landing too hard on an ankle. Other injuries result from unsupervised "horse play" or dangerous stunts by the children.

It is important to have adult supervision with any trampoline. Children often times focus on the fun and the stunts rather than safety issues.

According to Peter Salob, an an orthopedic surgeon at Englewood Hospital, says, “The majority of trampoline injuries that we see are in the upper extremities. Most of these occur in the wrist and the elbow. The injuries include sprains, fractures and dislocations.”

Homeowner's insurance may or may not cover injuries resulting from a trampoline. The homeowner has a duty to report the fact that a trampoline is on the property so insurance rates can be adjusted properly. If you have a trampoline, you have a duty to supervise the children using it. If you have a child who has been injured on a trampoline, you should consult with a Florida child injury attorney to determine your child's rights. Not all injuries that occur on a trampoline are actionable. If the injury was caused by rough play, unsafe equipment, or other negligence, a Florida child injury lawyer may be able to recover compensation for you and your child.