Florida Child Injury Lawyer Blog

The death of an 11-year-old For Myers boy, Michael Duda, was confirmed by The Florida Fish and Wildlife Conservation Commission.

Duda apparently died after he feel off a boat near Plantation Key. Investigators say Duda was riding in the 17-foot boat when the operator mae a sharp turn, throwing Duda overboard and causing him to be struck by an oncoming vessel. Apparently, the operator of the vessel was 16-year-old at the time of the accident. Neither he nor two other passengers were injured.

No charges have been filed. If you would like to read more about this unfortunate story see 11-year-old Fort Myers boy dies after thrown from boat.

This child's death is a tragedy for his family and his community. The other four passengers are extremely lucky. Boating can be fun and a great way to enjoy the outdoors during these typically hot summer months. However, because you do not need to have a state issued driver's license to operate a boat, many inexperienced drivers get behind the wheel of such powerful devices. Parents and guardians need to warn their children about the dangers of boating, inform them of the important of safety vests, and instill necessary precautions at a young age in their children's lives.

In Florida, boating is an activity and hobby enjoyed by many people. Unfortunately with many outdoor activities like boating, there are dangers and risks that can lead to serious personal injuries, and in come cases death. One risk associated with boating activies is related to carbon monoxide poisoning. Boats with cabins and sleeping quarters are often times equipped with a generator to power the boats electricity and air conditioning unit. A properly maintained and installed generator that is positioned correctly on the boat can provide boat owners and guests with the comforts and convenience provided by electricity and air conditioning while docked or anchored offshore. An improperly installed and/or malfunctioning generator can actually cause personal injuries and, in fact, can lead to the death of an unknowing occupant of the boat. The Associated Press reported that a couple (Sandra Lupton and Howard Lupton) died as a result of carbon monoxide poisoning in the sleeping quarters/cabin of a Baja Cruiser (29 foot). The couple's boat was anchored offshore at Ponce Inlet (disappearing island). Tragically, the couple was discovered by their son. You can read more about this story at Florida Medical Examiner reports that Carbon Monoxide Poisoning Caused Death of Boaters from Palatka Florida.

It is expected that an investigation will be conducted as to the equipment and maintenance on this boat and what steps, if any, could have been taken to avoid this most unfortunate tragedy. this story shows the importance of boating safety as to all aspects of the boat, including but not limited to, the generator and electrical system.

Two children were injured in Destin, Florida after a line broke on a parasail. At the time of the incident, the parasail boat was being towed in due to bad weather. The children sustained minor injured and were taken to a hospital in Pensacola, Florida. The incident is being investigated to determine if charges will be brought.

An accident like this raises many legal issues:

What was the business's procedures for bad weather?

Should the children have been taken down from the parasail at the first sight of bad weather?

Who is liable for the injury? The children's medical bills?

Parents and child supervisors should always be concerned with the safety of their children. Watersports are very popular during this time year and although watersports like parasailing, sailing, scuba diving, snorkeling, and water skiing may be fun there are still dangers involved. Many watersport businesses will have an adult or guardian sign an injury waiver for the child. It is important to read the waiver and ask for a copy so you are knowledgeable about what rights you as an adult or guardian have waived. In some circumstances the injuries waived are different than the ones sustained and you may still have a valid claim. Furthermore, Florida Courts have frowned upon release waivers that are against public policy. Recreational areas and businesses have a duty to act reasonably and to provide safety measures and devices to children. The failure to do so cannot and should not be excused by the signing of an overbroad and often times unenforceable "waiver".

A personal injury lawyer will be able to guide you on these questions and issues.

To read more about this see Child Injured in Parasail Accident.

In Florida and other states with waterways and boaters, safety should be a primary focus for those operating boats, jet skis, and other watercraft. In addition, passengers should also be aware of safety measures that can be taken to help prevent boating accidents and related personal injuries. In Delray Beach, Florida, the Associated Press reported that a Florida boating accident resulted in the death of Christopher Smith (age 31) when he was thrown from a boat that struck a navigational marker in the Intercoastal Waterway. See Bond Set for Boat Operator in Delray Beach, Florida Fatal Boating Accident.

Since there was a crash with resulting death, a full investigation will be conducted. It was reported that none of the passengers on board the vessel were wearing a life jacket. It is uncertain if the wearing of a life jacket would have made a difference as to the injuries and resulting death of the boat passenger.

As Floridians go through Spring and Summer, there will be other boating accidents. Because of the dangers of being in a boat accident or the dangers of a drowning in any of Florida's multitude of waterways, people should take precautions by wearing life jackets, checking and re-checking weather conditions, operating a boat at a safe speed, checking and re-checking engines and mechanical equipment, having other life saving devices onboard, and making sure that there is proper supervision especially for children when boating.

Kidnapping including parental kidnapping incidents can be quite frightening for the child, family members, and the aggrieved parent. These cases can be complicated when a parent, without consent and / or a court order, flees to another country. Many children are separated by a parent for years and even a life time under these circumstances. The United States Coast Guard recently rescued a 3 year old who was allegedly kidnapped by his father. It was not clear from the article posted at the Orlando Sentinel Newspaper Website but it appears that the father may have been on the way to Mexico with the child.

Fortunately, most parents act in the best in interests in the child even when there is a contentious separation or divorce. Children are often times innocent pawns in battles, disputes and arguments between parents.

The simple activity of riding in a small Jon boat in a pond can at times be very dangerous. This is especially true when there are children involved and no life jackets worn by the children. The News 4 Jax Website reported that police and firefighters searched a pond recently in the Mandarin part of Jacksonville, Florida for a child who fell out of the Jon boat. Actually, three children fell out of the Jon boat but only two were able to make it to safety. A good samaritan tried to find and save the third child but was overcome by his swimming efforts to save the child. The incident happened near the Woodbridge at the Lake Apartments. As part of this investigation, it would be helpful to know the following:

Who owned the boat?

What were the ages of the three children involved in this incident?

Where did the children reside?

What safety precautions were followed by the children?

What safety precautions if any were available to the children?

It is a tragedy any time that a child suffers serious personal injuries or death when the incident could have otherwise have been prevented. Practice safe boating every time and and any time that you are out on a boat.

The Associated Press and the Gainesville (Florida) Sun reported that a 10 year old from Polk County died from an disease / infection that he acquired from an Auburndale, Florida lake. The name of the infection is Primary Amoebic Meningoencephalitis. Symptoms from this disease / infection can include fever, nausea, headaches, stiffness in the neck, and some confusion. Other symptoms can also include loss of balance and body control as well as seizures, and hallucinations. Naegleria fowleri is the infection that leads to this most serious and deadly disease. Naegleria fowleri forms in warm, stagnant bodies of freshwater. It forms typically in summer months. Since this disease is deadly / lethal if left untreated, a prompt diagnosis and administration of intravenous medication is vital for a chance of recovery or cure from this disease.

In Florida, rough waters, at times, claim the life of divers. In Miami Dade, Florida, Miami Dade Police reported that at diver (Antonio Gonzalez), age 24, recently drowned near the Fowey Rock Lighthouse near Key Biscayne, Florida. He was diving with two friends at the time.

I grew up in Miami and went snorkeling from time to time in and around Key Biscayne. Fortunately, I did not encounter any unexpected weather or ways. I also tended to swim close to shore and safety.

Since weather and waters can be very unpredictable, it is important to take safety precautions when diving, snorkeling, or swimming in Florida waters. While not all drownings are preventable, a great many can be avoided by take the appropriate safety precautions while participating in water related / swimming / diving activities. Boaters and swimmers should pay close attention to weather condition and always act on the side of caution and safety.

You can read more about the drowning in Miami Dade County at Diver Drowns Near Key Biscayne, Florida.

In Florida, there are thousands if not millions who have a passion for fishing. Some spend the better part of the weekend and even the week boating and fishing in Florida waters. Recently, a father and son (William Reed and John Reed), both experienced fishermen, drowned while participating in a Bass fishing tournament. Neither man was wearing a life jacket or life vest while fishing.

From a safety standpoint, it is important for all men, women, and children who are boating on Florida waters to wear a life vest or life jacket. Professional and amateur fishermen may avoid or bypass such safety devices to gain a competitive edge for fishing. While this is understandable from a competition standpoint, it makes no sense from a safety standpoint. Safety should always trump competition.

You can read more about this story at Bass Fishing Tournament - Father and Son Drown.

A tragic boating accident in Lake George (Florida) ended the life of a Fernandina Beach 5 year old and other children as well. Cole Bizuk, from Fernandina Beach, Florida died when a boat he was in capsized in Lake George. Cole was one of the victims who trapped in the cabin of the boat when it capsized. It was reported that all of the children on the boat except one were wearing a life jacket. Unfortunately, a life jacket was not sufficient to save Cole and others who were trapped in the cabin of the boat.

You can read more about this article at Florida 5 Year Old Dies After Tragic Boating Accident.

Florida summers bring with it swimming and boating activities. Florida summers also bring stories of tragedies and deaths that take place in Florida swimming pools, lakes, rivers, canals, and oceans. In Ocala, Florida two children died after a boat capsized in Lake George. A storm produced waves three to four feet high that, in turn, capsized the boat. Dennis Clayton Lennon, age 4 of Umatilla, Florida, and Ciara Puskas, age 14 of Eustis, Florida died when they were trapped in the cabin of the capsized boat.

When boating or planning a boating outing, a responsible adult should pay close attention to weather reports and plan accordingly. Of course, many incidents are tragedies that could not be predicted or prevented. Others tragedies including serious personal injuries and deaths to Florida children result from poor planning, improper equipment, and the failure to use life jackets and other safety measures.

You can read more about this story at Two Children Die When Boat Capsizes in Florida Lake.

Ottie Steve Harrelson devoted his life to public service. He worked for the Orlando Police Department and the Seminole County Sheriff's Department. Even though he retired, he still was active in public service. Just recently, Harrelson was among several other officers who took disabled children on a boating trip. When one of the disabled children fell off the boat, Harrelson jumped in the water to save the teenager. Once Harrelson jumped in, the teenager swam back to the boat. Unfortunately and tragically, Harrelson could not get back to the boat. He was later pulled from the water but could not be revived. After being on life support for a weekend, he was taken off the life support.

The story was reported in the Orlando Sentinel, Miami Herald and other newspapers at Retired Officer Drowns Trying to Save Disabled Boy.

The news reports did leave out some details as to the incident including the type of boat used, type of life jackets used for the disabled teens and adult chaperones / officers, the owner /operator of the boat, and the type of safety measures used for the protection of both of the teenagers / children as well as the adults.

What is clear is that Ottie Steve Harrelson did what he though was right and necessary at the time. He bravely risked his life to save the life of a disabled teenager. Harrelson was 65 years old.

In Florida, our warm weather allows swimming and boating activities to run virtually year round. We have some cold days here and there but we are called the "Sunshine State" because of our warm and sometimes very hot weather. Children are at risk in states like Florida for drowning because of the number of pools and waterways located through the State. Reported government studies indicate that swimming lessons can help reduce the number / incidents of drownings in Florida and other States. However, experts do warn that many children, who suffer injuries and death from drownings, had swimming lessons. As such, while swimming lessons are recommended, swimming lessons do not prevent all drownings and should not be relied upon by parents to completely protect their children or children under their care. Close, consistent, and continuous supervision of children while in or near a pool is recommended. In addition, private, commercial, and pubic property owners in Florida should take all reasonable measures to enclose and fence waterways as precautions to prevent child drownings. The study was published in the March issue of Archives of Pediatric and Adolescent Medicine. You can read more about this story at Swimming Lessons Do Not Increase Risk of Drowning.

Search crews have located the bodies of a 8 year old girl and a man who drowned after falling into Lake Okeechobee on February 28, 2009. The details of the boating accident were not reported. As part of the investigation, it would be helpful to know the following details:

How many boats were involved in the boating accident?

What kind of boats were involved?

Were the passengers wearing life jackets?

What time did the boating accident take place?

What was the experience of the boat captains?

Was weather a factor in the accident?

What was the visibility?

Which boat had the right of way at the time of the crash?

What measures were taken to avoid the Florida boating accident?

Bodies of girl, man found in Lake Okeechobee

The story was reported by the Associated Press and the Florida Times Union Newspaper at Bodies of Girl, Man Found in Lake Okeechobee, Florida.

The Associated Press
OKEECHOBEE, Fla. — Crews have located the bodies of a girl and a man who fell into Lake Okeechobee when their boat tipped over.

Three people went into the lake during Friday night's boating accident. A Palm Beach County Sheriff's deputy pulled an eight-year-old girl from the water. She was taken to a local hospital and is expected to survive.

A sheriff's office spokeswoman says the body of a 7-year-old girl was found early Saturday morning. On Saturday afternoon, crews located the man's body.

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.

Can a grandparent or other relative be sued for negligence when a Florida child is injured? The simple answer to this question is "Yes". Florida does not provide immunity to grandparents and other relatives when a child is injured or dies as a result of the negligence of a grandparent or other relative. I have been involved in cases where a grandparent or other relative was negligence and this, in turn, caused personal injury or death to the child. As a Florida child injury lawyer / attorney, these cases are especially difficult to handle from an emotional, social and legal standpoint. Grandparents and other relatives not only suffer the guilt of causing such an injury but are also exposed to civil liability for the resulting pain, suffering, mental anguish, and economic expenses (medical and funeral bills) associated with the injury or death. I do not believe that immunity should be granted to relatives as all persons involved with the care and supervision of a child should be held to the same standard. The fact that a person is related to the child should not excuse negligent conduct leading to serious personal injury or death of a Florida child.

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.

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.

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?

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.