Florida Child Injury Lawyer Blog

Summer time is a great time to be outdoors and take your children to area parks or playgrounds. Playgrounds are a great way to stay active and have fun, however, the nation's emergency physicians urge parents to be attentive in order for their children to avoid sustaining a playground injury. Generally, playground injuries are only minor, involving a small cut or scrape, but there are sometime playground injuries can be much more serious. Emergency physicians see more than 200,000 children per year who sustained a playground injury to the head, neck and spinal cord or suffer from internal bleeding or strangulation.

An article published by PR Newswire suggested some tips parents can use to prevent playground injuries:

1. Closely supervise your children, whether they are young or old.
2. Inspect the playground facility to ensure it is properly maintained. - Are any pieces of equipment broken? Is the playground equipment surrounded by adequate cushioning?
3. Make sure the playground equipment is age appropriate. - Some equipment is meant for older children.
4. Older children should play at a distance from younger children, this keeps older children from injuring children who are physically smaller.
5. Do not let your children wear articles of clothing that have hoods or strings on them. - Wearing this type of clothing while playing on playground equipment increases the risk of choking hazards.
6. Teach your children to follow the safety rules of the playground.

To read more on this topic see Reduce the Risk of Playground Injuries this Summer.

The number of child injuries and death caused by inflatable amusement rides, such as inflatable slides, moon bounces, and bounce houses has increased since 1997. A study reported by the Consumer Product Safety Commission (CPSC) revealed that injuries resulting in emergency rooms visits have increased from an estimated 1,300 injuries in 1997 to 4,900 in 2004. From 2002-2005 CPSC reported 4 deaths caused by inflatable amusement rides: 5-year-old killed after falling off an inflatable obstacle course head first; 18-year-old died after falling off an inflatable slide; 21-year-old died after breaking his neck while jumping in an inflatable bounce; 24-year-old killed after he fell off an inflatable climbing wall and struck his head on the pavement. To read more about this topic see Dangers of inflatable amusement rides.

These inflatable devices are usually found at fairs, carnivals, parties, and other events. Children and adults need to take extra precautions if they intend on using these inflatable amusement rides. Parents, care takers, babysitters, and the people who own these rides should limit the number of people allowed in a moon bounce; the less people in the moon bounce the safer the device is. As for the climbing inflatable devices, people using these should be aware of the device’s surroundings: Is there a safety harness to attach to you? Is the climbing device surrounded by concrete or safety barriers? If the device looks old or unsafe, children should avoid using these rides in general.

Safety precautions and supervision are key to keeping children and people safe on inflatable slides, bounce houses, and moon bounces. It is well known that children have poor safety awareness. As such, supervision and control by a responsible adult are necessary to prevent serious child injuries from inflatable slides, bounce houses, and play areas.

Can playgrounds be dangerous for your child? According to some parents in Iowa, the answer would be “Yes.” For example, an 18-month-old Iowa girl suffered golf ball size blisters on her hands from second degree burns after going down a plastic slide. Another concerned Iowa parent claims he always checks the slides at playgrounds because the playground slides are either too slick, causing his child to slip off the slide, or too hot.

Although the temperature was 88 degrees on Memorial Day in Iowa, the surface of a slide in a Richmond playground reached a dangerous 157 degrees, definitely hot enough to burn skin. Early daytime or late evening use of slides is recommended due to lower temperatures during those periods.

If the weather is hot enough in Iowa to cause burns on playground slide, reason and science would dictate that Florida and other warm weather States would also have similar dangers on playgrounds at schools, homes, community centers, and other locations.

A child injury at a playground raises some interesting legal issues:

Who is responsible or liable to inspect and maintain safe playground equipment?

If a child is injured on a playground, who is liable for the child’s injuries? Or their medical bills?

A child injury lawyer can counsel you on such issues if you find yourself in such an unfortunate position.

While at a playground, parents, babysitters or any child care givers should keep an extra watchful eye on their children and their surroundings. It is an adult’s responsibility to check the slide before it comes into contact with the child’s skin. Observe whether or not a slide is in a shaded or non-shaded area.

For more on playground safety see >Slides at Playgrounds: An Unforeseen Playground Danger.

In Florida and other States, children play organized sports throughout the year. Our great weather and facilities make Florida a haven of sorts for children who want to play sports. Go to any Florida community and you will find children playing football, baseball, basketball, soccer, softball, volleyball, lacrosse, golf and other sports. According to a report released by Safe Kids USA, there are more than 30 million children who participate in sports every year. With this vast number of children engaged in sports, there millions of injuries every year that are related to sports. In particular, there are approximately 3.5 million injured children who seek medical attention every year. There are some basic tips that a parent can follow that can help avoid a sports injury or lessen the impact of a sports injury. These include the following:

1. Have your child play different sports
Playing different sports through the year may help avoid the overuse of a body part. For instance, it may be a good idea to play tennis part of the year and soccer for the other part of the year.

2. Keep Your Son or Daughter Off the Field / Court if He or She Has Pain
According to doctors, playing through pain means that the body has not healed or the underlying problem is still in place. When possible, rest your child to give his or her body a chance to heal.

3. Know the Recommended Limits for the Particular Sport
Recommended limits are in place for baseball and other sports. A child should throw only so many balls or pitches. Overuse injuries in children are common and can be avoided with reasonable limitations being put in place by parents and coaches.

4. Find Out About the Coach's Experience, Philosophy, and Medical Training as They Pertain to Injuries
It probably is not in a child's best health or medical interest to be paired with a coach who believes that winning takes precedence over everything else. A coach should be there for the best interest of the child and to promote the child's well being rather than promote a win at all cost philosophy.

5. Read Up and Be Familiar with Common Injuries Associated with the Sport
It is helpful for parents to be aware of the injuries that are often seen with a particular sport. For instance, there can be elbow and shoulder injuries associated with tennis, shin splints associated and running, and head injuries associated with football and soccer. Parents should diligently attend practices and games to keep an eye on their children to make sure that there are no health problems that are affecting the child. Getting medical attention for a health concern or injury early can make a big difference for a child suffering a sports related injuries.

You can read more about this topic at Ways to Help Your Child Avoid Sports Related Injuries.

Holidays are a time for family run, recreation, and sports. . . . They are also a time in which child suffer injuries ranging from minor child personal injuries (cuts, scratches, and minor bruises) to significant child personal injuries (fractures, brain injury, and death). A study completed by the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio studied data from approximately 100 emergency room departments to determine the number and frequency of injuries resulting in emergency room treatment during holiday time periods. The study reported 5.7 million child holiday related injuries during the time period from 1997 - 2006. You can read more about this study at Labor Day Tops List of Holiday Related Child Personal Injuries.

When children are out of school or formal supervised activities, parents should be diligent in their supervision of children. It is well known that many children lack safety awareness and often times have poor safety judgment when engaged in recreational and sports activities.

While not all child personal injuries can be avoided since accidents do happen, we should all do all part to supervise children and step in when there is a potentially dangerous situation or activity engaged in by children.

In Florida, children have poor safety awareness. As such, it is important for children to have supervision in and around pool areas, playground areas, and clubhouses. I am often asked if a waiver would protect the owner or manager of the pool area, playground area, or clubhouse. This is a relatively simple question. Unfortunately, the answer is more complex. Waivers that allow a person or business to act with negligence that causes injury are often times look upon with disfavor by Courts and juries. As such, some courts have struck down waivers as against public policy. If you own or run a pool, playground area, or clubhouse, a waiver may not been effective in preventing a lawsuit. Furthermore, it is the child's own safety and welfare that is most important. Here are some tips that an owner or manager may want to implement at a pool, clubhouse, or playground:

1. Require adult supervision for all children under a certain age. I would suggest 12, 14, or even 16 as the age requirement.

2. Post signs, bulletins, and e mails to announce and implement the policy.

3. Enforce the rule with consistency. A rule with no enforcement is like having no rule at all.

4. Prevent or limit access to children unless the age requirements are met.

Pools should be supervised with more stringent standards. Barriers, pool fences, and locks should be used to prevent entry of young children into pool areas. When possible, a lifeguard should be posted at the pool.

The use of a liability waiver may not be an effective way to prevent a lawsuit or liability. Furthermore and more importantly, a liability waiver will not prevent a child from serious personal injuries or death. Implement reasonable rules and provide supervision when possible to help prevent injuries to children.

A Center for Disease Control and Prevention (CDC) report indicates that children 4 and younger constitute a high risk group for traumatic brain injury (TBI). A TBI can result from a sudden blow, trauma, or jolt to the brain. TBI injuries account for approximately 1/3 of all injury or accident related deaths in the United States. For teenagers ranging from the ages of 15 to 19, the mechanism of the injury or the TBI is an automobile accident. For small children, a TBI can result from a fall at home or on a playground. If a child has suffered a TBI, timely medical treatment and intervention is essential. Signs or symptoms that a child has suffered a TBI (Traumatic Brain Injury) include the following:

drowsiness that is sudden;
problems being alert;
problems recognizing places or people well known the child;
irritability or whining;
numbness;
vomiting; and
neck pain.

Of course, some of the above symptoms can be merely related to the child's mood or lack of sleep. This makes it even more difficult in many instances for parents to timely recognize and respond to the symptoms of a TBI. If there has been an incident or a change in your child, consult with your pediatrician or other health care provider for a proper and timely diagnosis.

You can read more about traumatic brain injuries at CDC Report - Traumatic Brain Injuries - Risk to Children.

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 Florida and other States, millions of children participate in organized sports. Children play in team sports like basketball, baseball, football, soccer, or lacrosse. Children play in individual sports as well like tennis, golf, and bowling. While there are many health and social benefits to playing in sports, there are also some health and safety risks. While not all injuries can be avoided in sports or life for that matter, many injuries can be avoided with proper training, instruction, and supervision. The risks probably rise with age and the competitive nature of the sport. It was reported by the National Athletic Trainers' Association that over 700,000 high school sport related injuries are reported every year. On a daily basis, there are 8,000 children seen, evaluated and treated in emergency rooms.

March is designated as National Athletic Training Month. It is important for NATA and other child safety advocates to get the message out about safety and sports. Parents should do their part to work with their children, coaches, and schools to help promote the safety and welfare of children engaged in sports. You can read more about children and sports related injuries at Safety - A Priority for Children Participating in Sports.

Warm sunny spring weather meant that Daytona Beach Florida was packed with beachgoers last Saturday. Ellie Bland, a four year old girl visiting Florida from England, was enjoying the weather with her family as she walked along the beach in front of Sun Splash Park, holding her uncle’s hand. But the day turned tragic when she was struck by a Lincoln Towncar driven by Barbara Worley, who was visiting Florida from Georgia.

According to witnesses, Worley initially struck Ellie, knocking her down. When onlookers alerted her that she had hit the child, she panicked and stepped on the accelerator instead of the brakes, causing the vehicle to drive over the girl. A Volusia County spokesman said that she was killed instantly.

The Florida Highway Patrol has been very busy interviewing at least seventeen eye-witnesses and is carefully considering whether to bring charges against Worley. Cars are allowed on the beach and Worley was reportedly driving below the posted 10 miles per hour speed limit. A spokeswoman for the Florida Highway Patrol said that even though cars are allowed on the beach, accidents are very rare. She could not remember the last time a pedestrian was hit by a car on Daytona Beach.

Read more details of about the little English girl killed after being struck by a car on a Florida beach at Tributes to Nottingham girl killed on Daytona Beach.

A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

According to the Florida Department of Transportation (FDOT), a bicycle lane is defined as “a portion of a roadway (either with curb and gutter or a flush shoulder) which has been designated by striping, special pavement markings, and signing for the preferential use by bicyclists.” Since bike lanes are a relatively new phenomenon, some drivers are unsure of the driving laws surrounding them. Because both adults and children can ride their bikes in designated bicycle lanes, drivers should use caution and make sure they know the rules of the road.

Florida Statute 316.084 applies to cars passing on the right. The conditions under which passing on the right is allowed are as follows:

• When the passed vehicle has stopped and is indicating a left turn;

• When there is unobstructed pavement available of an appropriate width for a
motor vehicle, including one-way streets; or

• When the act of passing the other car may be done safely.

You can read a more in depth analysis of the Florida law as it pertains to cars driving in the bicycle lane at Passing on the Right Using a Bike Lane.

If your child has been injured in a bicycle, car or pedestrian accident, a consultation with a child injury lawyer could answer questions as to traffic statutes, negligence, fault, and responsibility for damages and bills resulting from such an accident.

Continue reading "Sharing Florida Roads with Bicyclists – Is It Legal for Cars to Use the Bike Lane for Passing?" »

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.

According to Florida Statutes, ATVs can only be operated during the daytime on unpaved roadways where the posted speed limit is less than 35 miles per hour by a licensed driver, or by a minor under the supervision of a licensed driver. Walton County, Florida takes it one step further, prohibiting any use of ATVs except on private property.

But the Walton County Sherriff’s Office has been inundated with calls from concerned residents lately, who report that four or five young people have been spotted driving at high speeds down Walton County Highway 1084 and in the county dirt pit behind the community center. Driving an ATV on public property in Walton County is not permitted, and is considered a second degree misdemeanor. The fine for violating the ordinance is $250.

Young people are especially likely to be injured by their own carelessness while driving an ATV; Florida statutes concerning ATVs have been passed for the protection of drivers and bystanders alike. These injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. Some ATV accidents can be avoided by following Florida statutes, driving at safe speeds, choosing roadways carefully, and paying attention to weather conditions.

Read more about unlawful ATV drivers in Walton County, Florida at ATV complaints pour into sheriff's office.

Charlie Hall, age 12, was riding in a go-cart with his sixteen year old brother, Christopher Hall, at a speed of about 30 miles per hour when Christopher lost control of the vehicle. According to witnesses, he slammed on the brakes to avoid a pothole, which caused the go-cart to flip, ejecting Charlie. Another passenger in the go-cart, 15-year-old Nitira Bazemore, was also ejected in the crash.

According to Palm Bay Traffic Homicide Investigator, Jennifer Cordeau, Charlie was up and walking around after the crash, but suffered cardiac arrest and died on the way to the hospital. The other two children suffered only minor injuries. You can read more about this tragic go-cart accident at Palm Bay Child Killed In Go-Cart Accident.

Over 15,000 go-cart/fun-kart related injuries are treated in U.S. hospital emergency rooms each year. Children under 15 years of age suffer about 65 percent of these injuries. When children are allowed to operate a motor vehicle, such as a go-cart or all-terrain vehicle (ATV), it is vital that they are provided with proper instruction, rules and adult supervision. Adults should check surface conditions, inspect the vehicle’s state of repair, and monitor the vehicle’s speed. Some go-cart and ATV accidents are not preventable, while others can be avoided with slower driving, better choice of surface areas, careful attention to weather conditions and visibility, and other safety measures.

A fifteen year old boy from Interlachen (Putnam County) Florida was hit by a pickup truck and critically injured while crossing County Road 315 near Mary Wisham Park on his bicycle last Saturday afternoon. At the time of the accident, the boy was trying to cross from the sidewalk on the west side of the road to the entrance of the park on the east side. Apparently the boy crossed the road just as the southbound lane cleared, without checking the northbound lane for oncoming traffic. He was hit by a pickup truck in that lane and sent flying onto the shoulder of the road. The driver of the pickup, sixty two year old Samuel Hancock Jr. of Satsuma, Florida, pulled over immediately to check on the boy. The driver was wearing his seat belt and was not injured. No charges have been filed by police.

Children often have poor safety judgment and awareness when crossing streets. Many accidents and injuries caused by car accidents can be avoided by slower driving, more attentive driving, and safety awareness by both driver and pedestrian or bicyclist. In this case it appears that the driver did nothing wrong, but a bit more caution on his part might have prevented the accident. Drivers should pay close attention to traffic, road conditions, and pedestrians when driving on Florida roadways. Parents need to take the initiative as well, and teach their children proper safety precautions when crossing roads on foot or on a bicycle.

Read more about this car accident at Teen bicyclist hit while crossing county road.

The Happyland Learning Academy in Orange County, Florida is changing their cleaning and security measures after being repeatedly vandalized by homeless people living on or near Semoran Boulevard. Owner Marco Infante has installed better locks and added advanced security measures to protect the children who come to his daycare center. He has also spent a good deal of time making sure cigarette butts, beer cans and other garbage are cleaned up before the children arrive each morning. The children’s parents did not seem concerned by the vandalism, saying that they believed the school provides a safe environment. Happyland and other day care centers should take their best efforts to provide for a safe and clean environment for children in the center. It is unfortunate that people unconnected with a day care center would take actions that could affect the safety and welfare of children.

Florida daycare centers are responsible for properly supervising children, including securing the facility and playground so that children are not injured or harmed. Parents who have their children in day care centers should inspect the facility and ask staff what measures are put in place to protect the children from potentially dangerous trash items in the playground or from strangers wandering onto the property.

Find out more about safety at this Florida daycare at Daycare says homeless damaging facility.

A German Shepherd K-9 unit escaped from Sarasota, Florida Police Officer Sean Gleason and attacked 12-year-old Angela Berk as she rode down the street on an electric scooter. The girl required 14 stitches in her right leg. She was unable to take pain medication because of the interaction with her medication for utism. The dog was allowed to continue working as a K-9 unit until he was retired for old age some time later.

The city offered the family a $15,000 settlement, but the child’s father, Ray Berk, declined the offer and filed a lawsuit asking for more money. Her lawyers noted that her developmental disability makes it more difficult for her to get past the trauma of the event.

Police officers acting as K-9 unit handlers have a responsibility to keep their dogs restrained and under control at all times. The officer was apparently negligent in his duty having left the door of his car open while the dog was unrestrained in the back seat.

Find out more about this story at Police dog attack on child inspires lawsuit.

Glen Maxey of Fort Myers, Florida was arrested for drunk driving by deputies when Maxey’s ex-wife reported that she had witnessed him put one of their children on his lap while driving his swamp buggy earlier in the day. She said that he was driving erratically and one of the children fell out, badly bruising his back and causing him to vomit. Maxey admitted to having a hard day and drinking a few beers before driving the children around in the swamp buggy.

Accidents caused by drunk driving are so easily preventable. It is very frustrating to DUI related automobile accidents and related injuries making news headlines day after day. Alcohol impairs not only a person’s motor skills, but also his judgment – which leads many people to believe they are “OK to drive” even when they are putting the lives of their own children, not to mention other drivers, on the line.

To date, Maxey has only been charged with drunk driving, but child endangerment or child abuse charges may be forthcoming. You can read more about this Fort Myers, Florida child injury case at Child injured in alleged DUI, swamp buggy incident.

Parents, coaches, and volunteers work hard to raise money for little league baseball around the State of Florida. It takes a lot of time and hard work to raise money for children's sports leagues. Unfortunately, some people steal these funds that are raised for the benefit of the children. In St. Petersburg, Florida, a Florida little league coach, Almir Zuhric, is accused of stealing funds from the Northeast Little League Association bank account. Mr. Zuhric is accused of using routing numbers on a check to purchase $2,600 worth of jewelry. Mr. Zuhric was arrested for fraud and is being held on $5,000 bond. If the charges are true, Mr. Zuhric should be banned as a coach or volunteer from any baseball or sports league. You can read about this story at Baseball Coach in St. Petersburg, Florida Accused of Fraud.