Florida Child Injury Lawyer Blog

Medical studies and statistics show that dog bites are a greater hazard to children than adults. Children, who lack the judgment, experience, and intuition of an adult, do not appreciate the dangers of dogs. In addition, children are smaller and more vulnerable to the reach of a dog. While some breeds seem to be more dangerous and temperamental than others like Pit Bulls, Akitas, Doberman Pinchers, German Shepards, and others, all dogs are capable of biting a child. Florida is a strict liability State for dog bite injuries to children and adults. In other words, an owner is liable for medical expenses, pain and suffering associated with a dog bite regardless of the owner's actions or inactions and regardless of the dog's breed or history / lack of history of aggression. It is important to educate your child about dogs. Show your child how to approach a dog. Ask if it is ok to pet the dog? Ask if the dog likes children? Likes to be pet? Let the dog smell your hand first. Dogs, in some ways, are like children. They can frighten easy and are uncomfortable in new settings with new people. You can more about a medical study reported in Pediatrics - The Official Publication of the American Academy of Pediatrics atAnalysis of Dog Bites in Children Under the Age of 17.

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

Posted In: Child Safety , Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home

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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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A Florida ATV (All Terrain Vehicle) crash resulted in the death of William B. Coburn, a 9 year old, from Starke (Bradford County), Florida. The driver, Nathaniel D. Ryan, age 26, was driving the ATV on private property according to a Florida Highway Patrol Spokesman. I am completing a case involving a 9 year old who fell off an ATV in North Florida. The facts are strikingly similar to the facts involving William B. Coburn. In handling these legal matters, the following issues should be addressed by the Florida Child Injury Lawyer representing the family of the injured child:

1. Who owned the ATV?

2. Did the child have the permission of his parents to ride as a passenger on the ATV?

3. What was the estimated speed of the ATV? (An accident reconstruction expert may be needed to determine speed and other aspects of the crash.)

4. Was the child wearing a helmet? (I previously posted an article regarding Florida Helmets and ATVs in February 2008.

I grew up riding an ATV on my father's plant nursery in South Florida. The terrain was flat for the most part and we did not go off the property of the nursery for any serious riding. Even on the flat surface of the nursery grounds, the ATV did flip on occasion due to speed and the design of the ATV.

Liability insurance including homeowner's insurance covers injuries and deaths related to ATV crashes. Child injury cases can be complex and it is helpful to have the advice, counsel and representation by a Florida child injury lawyer to make sure that the rights of the family and the child are protected and enforced.

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

Posted In: All Terrain Vehicles (ATVs) , Automobile Insurance , Child Safety , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Wrongful Death

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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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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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When there is a wrongful death in Florida, a spouse and minor children can recover damages for mental pain and suffering and for lost parental companionship due to a parent's death. Under Florida's Wrongful Death Act, a minor child is defined as a child under 25 years of age. If there is no surviving spouse or the decedent was divorced at the time of death, then adult children can recover damages for mental pain and suffering and lost parental companionship. There is an exception for medical malpractice cases in Florida. A person must be survived by a spouse or minor children (under the age of 25) to recover damages for mental pain and suffering and for lost parental companionship.

Wrongful death cases can be quite complex and and it is important to obtain the advice and representation of a Jacksonville Florida personal injury lawyer to pursue damages resulting from the negligence of another person, business, or medical provider. You can read more about Florida's Wrongful Death Act at the Florida Statutes Official Website.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Crimes Against Children , Funerals , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Statutory References (Florida) , Train Accident & Injuries , Trucking Accidents , Wrongful Death

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Trauma is the number one cause of death in children older than 1 year in the United States.

Head trauma represents more than 80 % of these death related injuries. In Florida, children are injured every day in automobile accidents, slip and falls, playground injuries, school injuries, sports injuries, and bicycle accidents. The anatomical differences in the development and size of a child's brain make it more susceptible to brain injury than an adult. You can read more about the pediatric / child brain injuries at the E Medicine / Web M.D. Web Site - Head Trauma.

It is important to have a pediatric specialist evaluate and treat the child when possible. Many emergency rooms have such specialists but some do not. If you cannot see a pediatric specialist at the ER, you may want to schedule a follow up at the local children's hospital for a more in depth evaluation.

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

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

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Florida children are injured and killed by guns. What happens if a child is negligently or purposely shot? Does Florida homeowners coverage apply? Well, in the words of many lawyers past and present, "it depends". As such, there is not clear cut answer for every case. As such it is important to hire a Jacksonville, Florida personal injury attorney to advise you and guide you through this most difficult and emotional issue.

Some child injuries and death result from crimes and others result from carelessness and negligence. It is impossible to create a complete crime free society; however it is possible to be more careful with guns, store them in a locked container, and keep the guns out of the hands of our children.

The starting place for any case of this nature is the insurance policy. Is there an exclusion for guns? Is there an exclusion for criminal acts? What is the exact language that is used?

Exclusion clauses, like an intentional or criminal act exclusion clause / or gun exclusion clause, are generally considered contrary to the fundamental protective purposes of insurance. As such, Courts will closely evaluate these clauses to make sure that there meaning is clear, concise, and understandable to an ordinary person.

In Hyrnkiw v. Allstate, 844 So.2d 739 (Fla. 5th D.C.A. 2003), the Plaintiff was shot by the son of the homeowners. The Plaintiff claimed that the homeowners were negligent in their supervision of the son and their supervision of the gun itself. The trial court ruled in favor of the homeowners insurance company (Allstate). Allstate argued that there was no insurance coverage for this incident due to an exclusion for intentional acts of the homeowners and / or their son. The Fifth District Court of Appeal agreed and ruled that there was no insurance coverage. While the homeowners could still be sued for negligence and the Plaintiff could pursue damages for his injuries, there was no insurance to cover the damages / injuries. While I do not particularly like the ruling in Hyrnkiw, I recognize and understand the rationale. Hyrnkiw does not apply to every case and every policy. As such, if you or a family member has been injured by a gun, it is important to consult with a Jacksonville Florida personal injury attorney to determine your respective rights including the applicability of homeowners insurance.

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

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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Crowding in cribs has been linked to baby deaths according to the Consumer Product Safety Commission. Between 2002 - 2004, 241 infants died in nursery product related deaths with about 40 % of these deaths related to cribs.

The study found that deaths related to cribs included poor fitting mattresses, modified or old cribs, and the placement of too many pillows, stuffed animals, and / or toys in the crib. For more information about this study, you can go to Cribs Crowded with Pillows and Other Soft Bedding Linked to Baby Deaths.

Whether your child is in a crib in your home, another home, hotel, or day care, it is important to carefully examine the crib and its components. Make sure that the crib is not unnecessarily loaded up with toys and pillows that can suffocate the child or otherwise harm the child. Other people caring for your child may not know about this article or the risks involved of a ordinary stuffed animal or pillow. It is important to check your child's environment for other safety hazards as well.

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

Posted In: Child Safety , Homeowner's Insurance / Injuries at a Home , Wrongful Death

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BB guns and air powered rifles can cause serious personal injury and death to children. It is important that parents monitor the use of BB guns and air powered rifles in the possession or control of a minor. I personally have decided to refrain from such purposes. My kids play and argue with each other and friends all the time. I do not think that a BB gun or air powered rifle are smart purchases. The Consumer Product Safety Commission recommends that children under 16 refrain from using high velocity BB guns or pellet guns.

If a child is injured as a result of the negligent or even purposeful use of a BB gun, pellet gun, or air powered rifle - there may be an action for negligent supervision and / or negligent entrustment. Many of these cases are covered under homeowner's insurance policies. Call a Jacksonville Florida injury attorney for more information on claims of this nature.

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

Posted In: Child Safety , Crimes Against Children , Homeowner's Insurance / Injuries at a Home , Violent Crimes

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Here is the full text of Florida's Dog Bite Statute:

767.04 Dog owner's liability for damages to persons bitten.--The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.

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

Posted In: Dogs / Dog Bites / Animals / Pets , Homeowner's Insurance / Injuries at a Home , Statutory References (Florida)

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