Florida Child Injury Lawyer Blog

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.

As summer approaches in Florida and other states, many children including those who cannot swim and those who cannot swim well will be in pools or near pools. Parents and caregivers should consider swimming lessons for all children. Teaching children swimming safety is also important. News 4 Jax - television news station - posted an article with good information and resources for parents who want to enroll their children in swimming lessons. You can read more at Keeping Jacksonville, Florida Kids Safe Around Water.

In Levy County (Williston), Florida, two 1st graders were taken from a Levy County (Williston) playground recently. A man in a red and white pick up truck took the children into his truck, drove 100 yards, and the children got out on the side of the road. The Joyce M. Bullock Elementary School was placed on lock down following the incident according to the Levy County Sheriff's Office. The boys later reported that they did not know the man in the pick up truck. Fortunately, the boys were returned; however, it is quite frightening for the children, parents, and community that this incident took place that similar incidents could take place in the future in Levy County and other counties in Florida. You can read more about this story at Levy County Deputies Seek Man in Pick Up Truck Who Grabbed 1st Graders from School Playground.

In Naples, Florida, officials have reported that a 17 year old boy scout (Michael Abelman) died while on a hike in the Big Cypress National Preserve. Collier County, Florida Sheriff's Office reported that the death may have been related or caused by a medical problem. Due to the age and circumstances of the death, I suspect that an autopsy will be performed to determine cause and manner of death. It is certainly tragic that Michael Abelman died at such a young age. Typically, young men who remain in the boy scouts through their late teens are dedicated individuals with a bright future ahead of them. You can read more about this story at 17 Year Old Boy Scout Dies While on 7.7 Mile Hike in the Big Cypress National Preserve.

In Jacksonville Beach, Florida other beach towns and cities, police vehicles patrol the beach. A tragic incident recently took place on Jacksonville Beach. A police vehicle driven by Office Lewis Keller wa heading South on the beach when the officer stopped near 14th Avenue South and then made a U-Turn. There were witnesses to the incident who were disturbed and in disbelief over the incident. A full investigation will be completed. From early reports, it appears that the officer just did not observe Anne Marie Griffin, age 41, on the beach. There are many issues to consider when investigating this incident including but not limited to the following:

Was Ms. Griffin in a public area where beach goers / sun bathers were known to sun bathe?

What color clothing was Ms. Griffin wearing?

Were there other items with Ms. Griffin that would have given the officer better notice of her presence on the beach? Beach towels? Coolers? Umbrella? Bags? Other items?

Why is it that Officer Keller did not see Ms. Griffin on the beach?

Was a U-Turn permitted in this area? Was it common to make a U-Turn of this nature?

Of course, there are a host of other issues and questions to consider. Whatever the result of the investigation, it is most unfortunate that Ms. Griffin suffered the injuries she did while spending a leisurely day on the beach.

Florida law allows a person to bring a civil case against a government entity like Jacksonville Beach pursuant to Florida Statutes. The statutory cap for such a case is $100,000 unless the city has a higher amount of liability insurance. Furthermore, a special claims bill can be presented to the legislature to seek compensation over and above the $100,000.

You can read more about this story at Jacksonville Beach Police Officer Runs Over Beachgoer.

As we count down the days to summer, more and more children are spending more time outdoors playing in neighborhoods and local parks. The Florida Department of Health and Safe Kids Florida, a non profit organization, are advising parents and caregivers to be on the look out for safety hazards to children. Tragically, over 400 children under the age of 14 died from unintentional injuries in 2007. Another 6000 children were hospitalized due to unintentional injuries.

Some of the most serious injuries to children include spinal cord injuries. Many, but not all, of these injuries could have been prevented with safety precautions by parents, caregivers, as well as children.

Some basic measure that parents and caregivers can and should implement are the following:

Parents and caregivers should never leave a child unattended in a vehicle, even with windows open or for short periods of time.

Parents and caregivers should lock vehicle doors and trunks. Keys and remote controls should be kept out of the reach of children.

Parents and caregivers should ensure that playground equipment is frequently inspected and kept in good maintenance and repair.

Parents and caregivers should be diligent in supervising children in and near water. Even momentary breaks of supervision can lead to tragic injuries and even wrongful death.

Parents and caregivers should keep poisons including household cleaning products, medications, pesticides, and alcoholic beverages out of the reach of children.

You can read more about safety tips for Florida children at Protect Florida Kids From Unintentional Injuries.

Inflatable bounce houses are common sites in cities and towns big and small throughout Florida and the rest of the United States. Children love to play in them and jump around. Unfortunately, bounce houses are the site of serious personal injuries for children as well. Personal injuries and even wrongful deaths can occur especially when safety rules are not followed. In Washington State, a three year old boy died (Jacob Pierce) when an adult jumper fell on the little boy and crushed his skull. It is always important to separate children from adults. Furthermore, it is important to separate children by size and age. In Pop Warner Football, 110 pound boys do not play in the same games as 70 pound boys. This should work the same for bounce houses.

The Consumer Product Safety Commission (CPSC) reported that almost 5000 injuries resulted during the use of bounce houses between 1997 and 2004. Between 2002 and 2005, 4 people were reported to lose their lives during bounce house use / play. The ages of the victims were between 14 and 24. As you can see, young children, teenagers, and, yes, adults are all at risk for injury with bounce house use / play.

You can read more about this bounce houses - dangers and safety tips at Fatal Fun - Inflatable Bounce Houses.

Orlando, Florida is a tourist destination for many people throughout the United States and internationally. People visit Disney World, Universal Studios, Sea World, and many other attractions in the Orlando area. Unfortunately, many visitors are injured at the theme parks. The Orlando Sentinel is the leading daily newspaper in Orlando, Florida. The Orlando Sentinel gathered data and information from reported injuries at theme parks between 2004 and 2008. You can research and obtain information on various injuries by performing searches by theme park or injured person's name. There are very few theme park cases that go to trial. As such, it is difficult to determine which incidents / injuries that the theme parks took financial responsibility for and which the theme parks did not.

You can access the database at Orlando Sentinel Theme Park Injuries and Claims.

Whenever a person (especially a child) is injured at an Orlando, Florida theme park or other locations, it is important to get the advice, counsel, and representation from a Florida personal injury attorney or a Florida child injury lawyer on the issues of liability (who is at fault for the injuries?), medical bills, medical treatment, and compensation for the personal injuries.

A news story recently reported that a toddler suffered a head injury on a treadmill at a home in Coral Springs (Broward County), Florida. The Coral Springs Fire Department responded to the scene. There were not many details available regarding the incident except that the child was 17 months old and the incident took place at 900 block of Northwest 114th Avenue in Coral Springs.

This story does illustrate the importance of safety in homes, schools, day care centers, playgrounds, and other areas involving children. Parents and caregivers should do their best to safeguard their homes and view common items like furniture, exercise machines (treadmills) and other items as potential areas of danger to children. No all personal injuries to children can be avoided. This treadmill incident may have been just an unfortunate occurrence. Many other incidents, however, can be avoided with safety precautions and diligent supervision by parents, caregivers, teachers, day care workers, and others charged with the responsibility of caring for children.

You can read about the news story at Toddler Injured in Home Treadmill in Coral Springs, Florida (Broward County).

A toddler is in critical condition after falling off a train ride at the Southland Mall in Dade County, Florida. The toddler was on an electric train at the Southland Mall and for some reason fell off of the ride and suffered a head injury and trauma. Paramedics from Dade County or Miami Fire Rescue arrived on the scene to find a mother who was very upset and stressed over the injuries to her young son. The Southland Mall management shut down the ride for inspection by the Department of Insurance. The toddler was rushed to Miami Children's Hospital for admission. The incident was reported in the news but there are several questions or issues that come to mind on a serious personal injury matter like this.

What kind of train was it?

What the the speed of the train at the time of the incident?

What safety measures were taken by the mall and / or ride operator to insure the safety of young children while on the train ride?

What seat belts or safety harnesses were in place at the time of the incident?

Was the toddler riding alone, with his mother, and / or with others?

Have there been any other incidents with this train in this mall or other malls?

Miami Dade Police and the Department of Agriculture will investigate this matter to determine if there were any defects in the train, tracks, or operation of the same. You can read more about this tragic injury at Toddler Injured on Train Ride at South Florida Mall.

Under the Florida Administrative Code - Chapter 65C-22 Section 22.001- General Information, Florida Day Care Centers / Child Care Centers are required to plan and post scheduled activities for the day. Children, especially young children, like the security of a regimen or daily schedule. There is comfort for a child in having a routine that is planned, organized, and carried out on a daily basis. Under the Florida Administrative Code, each age group or class of children must have a written plan of scheduled activities that must be posted in a conspicuous location for parents. The needs of the children must be met through these planned activities. The activities must promote emotional, intellectual and physical growth. There must be accomodations for quiet and active play inside and outdoors. Of course, there must be time planned for meals, snacks, and nap time according to the age and needs of the children. As the old adage goes, if you fail to plan - you plan to fail. Planning and organization are important tools to running a safe Florida day care center / child care center that promotes the needs and best interests of the children.