Florida Child Injury Lawyer Blog

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Homeowner's Insurance / Injuries at a Home

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Playground & Recreation Injuries , Sport Related Injuries

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Motorcycle Accidents , Playground & Recreation Injuries , Slip & Fall Injuries , Trucking Accidents , Wrongful Death

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Child Safety

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Boating Accidents , Child Safety , Day Care Centers and Child Care , Negligent Security , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety , Homeowner's Insurance / Injuries at a Home

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Homeowner's Insurance / Injuries at a Home

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Jacksonville Florida business owners and homeowners should diligently remove all dangers from the property. This especially applies to dangers that may lure or interest Florida children. In turn, children can sustain serious injuries and even death when they play in areas with trash, appliances and construction sites. Florida lawmakers passed a law that declared discarded appliances to be Attractive Nuisances.

Children have been known to play in iceboxes, refrigerators, washers, and dryers left in yards and abandoned lots. Games and make believe games involving these items often times lead to serious injuries and death. In these unfortunate circumstances, the services of a Florida child injury lawyer can help guide the family through complicated legal issues like

Pursuant to Section 823.08, Florida Statutes, Iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or similar airtight units abandoned or discarded; attractive nuisance.--Abandoned or discarded iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or similar airtight units from which the doors have not been removed are declared to be an attractive nuisance to children and a menace to their health and safety when accessible to them whether or not such children are trespassers. This statute can be accessed at the official Florida Statute website by clicking here.

Property owners and homeowners can be held liable for injuries caused by items listed in Section 823.08. In addition, a person or business can be held liable for other Attractive Nuisances left on property which could include piles of trash, abandoned vehicles, unprotected equipment, buildings or sheds in disrepair, unfenced electrical equipment, and unfenced retaining ponds. I have personally handled many such cases. It is always difficult to handle these cases especially when serious injury and death could have been prevented by simple and inexpensive safety precautions and efforts.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety

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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?

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Boating Accidents , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Playground & Recreation Injuries , School Safety , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Boating Accidents , Child Safety , Day Care Centers and Child Care , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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A 10-year-old East Palatka boy was seriously injured hospitalized at Shands Gainesville Florida following a shooting involving a 14 year old family friend. THe home which is located on County Road 207 A in East Palatka is the site of the investigation of this tragedy. This Florida child's gun shot injury was caused the the mishandling of a 9 mm pistol.

In Florida child shooting incidents, there are usually a variety of Florida civil and criminal laws that may apply. As such, it is helpful to have a Florida criminal lawyer and / or a Florida child injury lawyer in place to discuss the respective rights and responsibilities.

In Florida, a person can be prosecuted for exposing another person to person injury by "storing or leaving a loaded firearm within the reach or easy access of a minor (child under the age of 16), if the minor obtains the firearm and uses it to inflict injury or death upon himself or any other person." See 784.05, Florida Statutes Regarding Liability for Injuries to a Child Resulting from a Gun Shooting. This section does not apply to the following situations:

1. The firearm was stored or left in a securely locked box or container or in a location which was reasonably believed to be secure or was locked with a trigger lock;

2. If the minor obtains the firearm as a result of an unlawful entry by any person;

3. Target or sport shooting accidents or hunting accidents; or

4. To members of the Armed Forces or police or other law enforcement with respect to firearm possession by a minor which occurs during or incidental to the performance of their duties.

Under this Florida statute, there is also a 7 day waiting period for the arrest of a family member who accidentally shoots a minor child.

There is a good web site that provides valuable resources and tips regarding Common Sense About Kids and Guns.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety , Gun & Firearm Safety and Injuries , Statutory References (Florida)

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Violent Crimes

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Laura Weathers, a medical doctor and Tampa Tribune writer, posted a good article on How Can I Protect My Child from Burn Injuries? Dr. Weathers pointed out that burn related injuries are ranked third (behind drownings and auto accidents) for deaths for children ages 1 to 4 according the to CDC ( Center for Disease Control). Dr. Weathers also noted that burn injuries often take place in the kitchen and bathroom. You can read more about this topic and Dr. Weathers' tips for avoiding these injuries at How Can I Protect My Child from Burn Injuries?

Diligent adult supervision can avoid most of these injuries. Parents should pay close attention to the advise in Dr. Weathers' article. In addition, caregivers, day care workers, and other adults charged with watching children should pay close attention to the advise.

After an injury takes place, it may be helpful to contact a Jacksonville Florida child injury attorney to determine your child's rights for a possible claim against a homeowner, day care center, school, and / or others.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues

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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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Child Safety , Medical Care & Health Issues , Slip & Fall Injuries

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As a Jacksonville Florida child injury lawyer, I feel that it is my responsibility to share my experience and expertise with others not only as a lawyer but also as a safety advocate. Parents, teachers, volunteers, day care workers, and child care workers can take action to better supervise children and the playgrounds in the community. The National Program for Playground Safety is a non profit organization that promotes playground safety in Florida and other states. A Quick Checklist and other valuable tips can be accessed at the National Program for Playground Safety web site.

Unfortunately, many children are injured every year on Florida playgrounds due to defective equipment, poor maintenance, bullying, and the lack of proper supervision by adults charged with the responsibility of watching our children. If you feel that your child has been injured by negligence at a Florida playground, call a Florida child injury lawyer for advice and guidance.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Playground & Recreation Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

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