Florida Child Injury Lawyer Blog

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.

Disney World has been the site of some heart attacks and other medical conditions during thrill rides. As far as I can remember, there are warning signs on many of the high action thrill rides advising of the risks of the rides to guests with heart conditions, guests with pace makers, guests who are pregnant, and other guests. Some take the risks of the ride even though they are aware of the risks. Others do not know that they are at risks and then suffer a medical condition or event during the ride. Whatever the situation, it is important for Disney World located in Orlando, Florida and other theme parks throughout Florida and the rest of the nation to be prepared for a medical emergency that takes place during a ride at a theme park. Disney World sets up its theme parks in a way that encourages people to remain at the park rather than leave and come back. It is quite a chore, walk, and ride to get back to your vehicle at Disney World. Due to this, it makes it even more important for Disney World to be prepared for a medical emergency. Hopefully, the number of medical emergencies in the future at Disney World are limited in number. When there is a medical emergency and a defibrillator is available, then the staff should be trained in its use, the defibrillator should be in good working order, and the defibrillator should be properly used. The timely and proper use of a defibrillator can save a life. You can read more about this story at Disney World To Install Defibrillators at Its Thrill Rides.

The Associated Press reported that a Volusia County 17 year old was doused with gasoline and severely burned at a bonfire. The brief news story reported that it was an accident. Bonfires take place at various functions in Florida and other places. Once the bonfire is set, it is important for the bonfire to be properly monitored and supervised so that nobody is injured or burned from the bonfire or any of the materials that go in or come out of a bonfire. You can read about this story at Volusia County, Florida Teenager Burned After Being Doused with Gasoline.

The burn injuries of this Volusia County teen raises many questions that would play a part in the legal responsibility for the burn related injuries and related medical expenses in bills. In particular, as a Florida child injury lawyer, the following legal questions / issues come to mind:

Who was the owner of the property where the bonfire took place?

Who set up the bonfire?

Who was responsible for the monitoring of the bonfire once it was set?

Who was monitoring the bonfire at the time of the incident?

How did the incident take place?

What was the response to the injury?

What first aid was available?

Hopefully, the teenager will receive top level medical care to attend to the burns that she sustained as a result of being doused with gasoline. Cases involving scarring are particularly troublesome for child as the injuries can last a lifetime and can sometimes affect dating, social interaction, high school, college, and employment.

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.

A landowner, business or homeowner, may be held liable in Florida for injuries to children on the property if the injury is caused by a hazardous or dangerous condition that is likely to attract or interest children who are unable to appreciate the risk posed by the object or condition. In Florida, children under the age of 6 cannot as a matter of law be considered negligence. Children over the age of 6 can be considered negligent in part for their own injuries. Cases of attractive nuisance may involve piles of lumbar or sand, abandoned cars, trampolines, swimming pools, electrical transformers, wells, and irrigation equipment. Florida cities from Miami to Jacksonville to Pensacola all have weather that permit a child to play outside year round. Child are curious and will play in just about any area. A dirty and dangerous area to an adult is viewed as something quite different to a child. Typically, businesses, government, and homeowners have liability insurance that cover injuries to children caused by an attractive nuisance.

The parent of a Florida child can pursue a claim for pain, suffering, and loss of enjoyment of life on behalf of the child when a child is seriously injured. What about the parents injuries, losses, and damages? Can a parent collect for the loss of companionship of the child when the child is seriously injured but does not die as a result of the injuries. The answer in Florida is "Yes". The loss of companionship in Florida to a parent of an injured child is called "Filial Consortium". The logical follow up question is as follows: What period of time can a jury award the loss of Filial Consortium to a parent? The answer is "until the child reaches the age of majority" which is 18 in the State of Florida. This very issue was addressed in a Supreme Court of Florida case. In a case against the Broward County School Board, the Supreme Court determined that the damages to a parent for the loss of Filial Consortium (companionship to the parent from the child) can be awarded for a time period from the injury to the child's 18th birthday. As such, if a 15 year old was seriously injured but did not die, parents can pursue a claim for themselves for the loss of Filial Consortium from the age of 15 to 18 or roughly 3 years. Florida Wrongful Death cases are subject to different standards and statutes.

More than 53 million children nationwide spend over 25 % of their waking hours in school or on school grounds. Over the years, I have handled several playground and school related injuries. Teachers and other school employees have a duty to supervise children at school. This especially applies to elementary aged students. Supervising would include watching out for the children on the playground and other parts of the school. It also involves watching out for bullies and other school related violence. Sometimes, a child gets hurt from a innocent prank gone wrong. The prank took place because children were not properly supervised. Whether it is on the bus, sports fields, or classroom, parents like myself relay on teachers and other school employees to watch over our children. Attentiveness and safety measures can and do avoid problems and injuries. You can learn more about school and playground related injuries at Safe Kids USA - a website that whose "mission is to prevent accidental childhood injury, a leading killer of children 14 and under."

Florida has great weather year round which allows for the use of bounce houses year round at backyard birthday parties, neighborhood parties, schools, churches, and parks. The Consumer Product Safety Commission (CPSC) reported that approximately 4900 injuries resulted in emergency room visits in 2004. There have even been deaths that have occurred in bounce houses. Many serious injuries and deaths have resulted from the lack of supervision and the presence of older children or adults with younger children. Unsupervised, many children attempt stunts that are very dangerous which in turn result in head injuries and other injuries. Good behavior by the children and constant supervision by parents and caregivers can help prevent injuries to children while playing in a bounce house.

Florida Day Care / Child Care facilities must inspect and maintain outdoor and playground equipment in a safe manner. The facility has a duty pursuant to Rule 65C-22.002 Physical Environment (4) Outdoor Play Area to place personnel in position so that all children playing in the Outdoor Play Area can be observed and so that direct supervision can be provided. This rule also provides for the amount of space, fencing, and other specifications for the outdoor play area. Many children are injured outside of the Florida Day Care / Child Care facilities when child care personnel fail to properly supervise children during recess, free play, and sports like kickball. It is important that the outdoor area is clean and free from hazards like dangerous shrubberies, abandoned furniture and kitchen appliances, tools, sharp objects, garbage, construction debris, and other dangers. Many Florida child injuries can be easily avoided with better supervision, maintenance, common sense, consistency, and hard work on the part of the Florida Day Care / Child Care facility and its employees.

Fair and carnival rides are fun, family outings - - usually. In Central Florida, a mother and her 2 year old child had a problem in the "Crazy Bus" ride. The small Ferris Wheel like ride began to move as passengers where exiting which, in turn, forced the mother (Sherri Pinkerton) to hang onto the ride by one hand and try to hold onto her 2 year old with her other hand. Fortunately, the 2 year old fell into the secure hands of another fair goer. No injuries were reported. Central Florida Fairgoers Catch Toddler.

There must have been a great deal of fear and anxiety over the incident which did have a happy ending. Safety should be the primary goal of all fairgrounds and carnival rides. This goes the same for any event where children go including amusement parks, water parks, theme parks, public parks, and even birthday parties. All tents, bounce houses, and other structures should be securely put in place with appropriate adult supervision thereafter to make sure that the children (big and small) follow the rules for the safety of themselves and others. Preventing child injuries should be part of the planning and management at all events and venues.

In Jacksonville, Florida and the rest of the Sunshine State, children are injured every day playing sports in school and at the local park. I recently read a great article that gave simple but informative tips on assessing or evaluating the child to determine the severity of the injury. Ideally, it would be best if there was a doctor on the spot for every injury. However, this is not realistic. As such, every day coaches, parents, and volunteers must assess the injury to determine if it is just a minor bruise or bruise to the body and / or ego OR if medical attention / evaluation is necessary. You can read the article at What To Do for Child Sports Related Injuries? I thought that the tips for coaches were especially on point which included the following:

*Work on stretching and conditioning exercises especially early in the sports season;
*Pay attention to the heat and make sure that the players get enough water;
*Do not deprive children of water as a way of punishment;
*Be aware of the medical history and condition of the child; and
*Always have a First Aid Kit available at practices and games.

Safety should be the number one priority for all child sports related activities. A big win at the expense of a child's health is no win at all.

High school athletes in Florida are often times pushed to the limit and even pushed beyond their limits. As a result thereof, injuries (sometimes permanent injuries) occur that could have otherwise been avoidable. While high school coaches and student athletes should be dedicated to the chosen sport, the overall safety and health of the student athlete should be priority over the focus of conditioning and competition. The Miami Herald posted a good article on the issue ofOveruse injuries: When high school athletes play too much in Florida Schools.

Parents should pay close attention to children who participate in sports programs in high school, middle school, pop warner, baseball, soccer, football, and other leagues. While coaches are trained and most undergo a background check, the coach does not always know best or do the best thing for the children. The majority of coaches out there are volunteers and truly have the best interests and safety of the children at heart. Others coaches, unfortunately, put all the focus on competition and winning at the expense of the child's health, safety and well being.

Depending on the facts of the case, a Florida Child Injury Lawyer will represent an injured student athlete when the injury results from the negligence of a coach, volunteer or even another student athlete. The most important time to take action is before the injury occurs. Be proactive for the safety, well being, and health of the student athlete.

Simple household and sporting equipment / objects can be deadly in certain circumstances. In Holly, Michigan, a 7 year old boy after he was accidentally hit by a friend with a child sized golf club. The children were playing in or near the garage the other boy's father was doing yard work. The injured child was taken to Genesys Regional Medical Center in Grand Banc where the child died. See Blow to Head With Child-Sized Golf Club Kills Boy, 7, in Michigan.

I have a set of child golf clubs and bats in my garage. I do my best to supervise my children when they are playing baseball, whiffle ball and other sports. Teaching children to stay a safe distance away from a bat (even in a whiffle ball game) is important. Incidents like the one that happened in Holly, Michigan are tragedies but also teaching tools that the all parents and those who supervise children should pay close attention to in supervising and instructing children on safe play.

While a death of this nature is not an everyday event, injuries from common household objects and sporting equipment combined with the negligence of others (yes, that can include the negligence of another child and / or parent) do happen everyday. These type of injuries may warrant a claim against a homeowner's insurance policy depending on the facts and circumstances. As a Florida child injury lawyer and parent, I am sensitive and quite aware of these type of incidents and all of the legal, moral, and practical issues that go along with these cases.

I read a very good article posted at the South Florida Sun Sentinel web site by Reporter Nick Sortel titled Field of Screams - How to Youth Sports Injuries. When dealing with an injured child, it is important for a coach, parent, and / or volunteer to find out the extent of the injury. Is the child just tired? Is the child scared? Is the child truly hurt? Parents and coaches alike tend to take child sport leagues very seriously. As pointed out in this article, is Urban Meyer or Billy Donovan really scouting out a 12 year old at the local park? The leagues and games really need to be put in perspective. Child safety and supervision are paramount to running a successful program. Winning is far from everything if a child is seriously injured and does not get the medical attention he or she needs.

A 10th grade high school football player, Milton Johnson - age 15, was recently injured during practice at Baker High School in Glen St. Mary, Florida. A news story (Baker County High School Wildcat Football Player is Critical) by Jim McGauley of the Baker County Press reported that that the injury may have resulted from Milton being struck in the neck region by another player's shoulder. Milton was transported to Shands Jacksonville Trauma Center in Jacksonville, Florida where he was placed on a ventilator.

Serious injuries result from Florida pop warner and high school football as well as other contact sports every day. These injuries are part of the risks of the sport. In some instances, sport related injuries can be avoided with proper training, instruction, and supervision. In other instances, the injury is an unfortunate result of timing and body positioning.

Florida is a tourist destination for many people. Florida residents also travel throughout the State of Florida and vacation / visit many area. Florida hotels and their owners and operators have a duty to provide a safe and secure environment for their guests and visitors including children. The common areas and rooms need to be inspected and cleaned on a regular basis. If the hotel chooses to put an amenity in place like a pool, playground, or play area - the hotel must reasonably maintain the area for the protection and safety of the guests and visitors to the hotel. "What are my rights if my child is injured?" I am often asked this question and the answer depends on the facts and actions / inactions of the hotel owner, management, staff, and employees. While a hotel owner is not liable for every incident and injury on the premises, the hotel owner is liable for the injuries that were caused by negligence. To protect and understand the rights of the injured child, it is often times helpful to consult with an experienced Florida child injury lawyer.

Florida has a specific statute in place that deals with liability for injuries to trespassers. The liability of the land owner or the property owner would depend on the injured person's status as well as the conduct of the land owner or property owner. The statute does not absolutely bar liability for injuries to a trespasser but definitely puts protections in p;lace for the land owner and the property owner. You can read the statute at Section 768.075 Florida Statutes - Immunity from liability for injury to trespassers on real property

Due to the confusing nature of the statute and other applicable laws, it helpful to have the advice, counsel, and representation of a Florida child injury lawyer in premises liability matters. As basic advice for property owners, it makes sense for property owners to have signs posted, fences in place, and dangerous conditions removed from the property. As basic advice for parents and guardians, it makes sense to keep children away from unknown areas, to advise children to stay away from areas that are unsafe, to advise children to stay away from areas that they do not belong or are not invited, and to otherwise keep children safe.

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.

Many Florida sport leagues, tournaments, day care centers, pools, and play centers like Pump It Up and others require the execution of a release / waiver of liability for injuries for your Florida child to participate. A Florida family and its attorney challenged the validity of this waiver and actually won the case. The result of the case was that the release / waiver of liability was determined to be invalid in the case. While this may not mean that all releases and waiver of liability for child injuries are invalid, the case does provide good law and guidance for challenging these releases. I actually know the appellate attorney who argued the case before the appellate case and have used this attorney to handle some of my appeals. You can read more about this topic at Florida Youth Sports Liability Waivers Challenged. Proponents of the waivers state that lawsuits should not be filed due to negligence of coaches, leagues, property owners, or others. In addition proponents of the waivers state that the costs of insurance and operations will only increase if the waivers cannot be utilized to limit liability for negligently causing injuries to children. Opponents of the waiver state that the waivers are unfair and will encourage bad conduct without consequences. I believe that the waivers and releases are fair too broad and should not exempt or excuse negligence that causes serious injury to a child. When there is a child injury (with or without a waiver), it is important to contact a Florida Child Injury Lawyer to review the rights of your child.

The Florida legislature passed an Anti Bullying law for the protection of children in Florida public schools. The Florida law requires that schools set up procedures for reporting and dealing with acts of bullying. Schools have until December 1, 2008 to establish such procedures. The Florida Anti Bullying Law itself does not provide a civil remedy per se against a public school, day care center, summer camp, teacher, employee, student, or parent for acts of bullying. Since the law is new, it is difficult at this time to predict how the law will be interpreted or enforced. When dealing with most child injuries in the State of Florida, negligence standards apply in most cases. In other words, there must be a duty, breach of duty, causation, and damages to recover monetary damages / compensation for injuries sustained by a child. Dog bites in Florida are subject to their own statute. If a child is bitten by a dog, the owner is strictly liable for the damages or injuries. Negligence does not have to be proven for a dog bite case. For other cases including bullying cases, I believe that the negligence standards would still apply. When dealing with any child injury in Florida that is caused by the fault or negligence of a business, government entity, or person, it is helpful to have the advice and counsel of an experienced Florida child personal injury lawyer to guide you through the laws and represent your child's interests.

Florida public and private schools, day care centers, and summer camps are responsible for teaching and supervising our children. Parents and caregivers rely on public schools and private businesses to watch over our children. While schools are not responsible for every injury or problem that arises, Florida schools and their employees, agents, and even volunteers are responsible for injuries to children that are caused by negligence.

Negligent supervision in the setting of a Florida school, day care, or summer camp requires the following elements:

1. The existence of a teacher-student OR counselor - camper relationship giving rise to a legal duty to supervise the child;

2. Negligent breach of that duty (failure to act reasonably under the circumstances); and

3. Causation of the child's injury by the teacher's / counselor's negligence.

Each case should be evaluated based on its own facts and an analysis of the applicable Florida statues and Florida cases on point. As a child advocate and a Florida child injury lawyer, I know that the safety, welfare, and health of the child are all important. Parents of an injured child can greatly benefit by educating themselves of their rights and responsibilities under Florida law. A Jacksonville child injury lawyer can review the case which may include but would not be limited to evaluating the site of the injury, researching the law, reviewing medical records and bills, and working with safety experts and others to determine the cause of the injury.

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.

Traumatic child injuries in Florida including automobile accident, falls, sports injuries, diving injuries, trampoline injuries, and violent injuries (gun shots / stabbings) account for most spinal cord injuries. The spinal cord consists of a bundle of nerves that carry messages between the brain and the rest of the body. Most spinal cord injuries occur in the neck ( cervical ) region. According to the Children's Hospital Boston, there are a variety of symptoms that can be associated with a spinal cord injury. You can read more about this topic at My Child Has Spinal Cord Injury - Causes, Symptoms, and Treatment.

Legal matters and representation of a child with a spinal cord injury can be quite complex. There are a variety of issues to address including but not limited to liability ( fault ), causation, automobile insurance, homeowners insurance, business insurance, health insurance, medical bills - past and future, medical treatment, life care plans, surgery, guardianship, settlement, annuity purchase, loss of support and services for the parents and guardians, and other issues. Whether a child sustains a spinal cord injury or lesser injury, it is helpful to have the advocacy and advice of a Florida child injury lawyer / attorney for these matters.

Florida children acquire or are inflicted with traumatic brain injuries from automobile accidents, playground incidents, day care injuries, slips and falls, sports related injuries, and other causes. Some refer to traumatic brain injury (TBI) as a brain injury or head injury. Traumatic brain injury is caused when sudden trauma damages the brain. Traumatic brain injury occurs when the head suddenly and violently hits an object or when an object goes through or pierces the skull and damages the brain tissue. Symptoms for traumatic brain injury can range from mild to moderate to severe. Some victims of traumatic brain injury experience loss of consciousness and others do not. Other symptoms of traumatic brain injury include the follows: headache, light headedness, dizziness blurred vision, tired eyes, ringing in the ears, bad taste in the mouth, mood change, lethargy, change in sleep patterns, memory problems, concentration problems, attention, and thinking and cognitive defects.

Some children who sustain a traumatic brain injury are affected for life. Since the brain is very fragile, treatment for traumatic brain injury can be quite limited. It is important to get evaluation and treatment for traumatic brain injury by professionals including but not limited to neurologists, neurosurgeons, psychologists, psychiatrists, and / or neuro-pscychologists. The National Institute of Health has some good resources and information for traumatic brain injury at Traumatic Brain Injury - Hope Through Research.

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

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

"My child was injured in a Florida Day Care Center - What can I do?" As a Jacksonville Florida personal injury attorney, I am frequently asked this question about injured children in day care centers. Unfortunately, day care center operators and their employees fail to provide a safe environment or fail to supervise children under their care. When the environment is unsafe or a child is not properly supervised, injuries and some times deaths result. Injuries include lacerations, abrasions, fractures, and eye injuries. If you suspect that your child has been injured as a result of negligence or carelessness at a Jacksonville or other Florida Day Care Center, call a Florida child personal injury lawyer to represent and enforce your child's rights.

If injuries resulted from negligence or carelessness, compensation can be pursued for the child's mental pain and suffering and loss of enjoyment of life. In addition, parents can be compensated for the loss of services and companionship of the child.

The Florida Department of Health provides a good overview of child care centers and the required inspections and requirements for these facilities. There is also good information on reporting deficient child care centers. Go to Florida Child Care Center Overview for more information.

The Florida Times Union newspaper web site has a tool to research summer camps in Jacksonville Florida. The 2008 Summer Camp Directory should be used by every parent and caregiver making a decision about summer camps. Parents should be careful when selecting a summer camp. Look at the decision like you would for day care or school. The adult and teenage counselors will have the responsibility for watching over and supervising your children. Injuries to children and other incidents can happen at a summer camp in Jacksonville Florida. The careful selection of a summer camp may help avoid these problems in the future. Accidents do happen at summer camps. Some incidents are caused by the negligence of the summer camp and its counselors. Others are not. If there is an injury at a summer camp, day care center, or school - it is important to get legal advice from a Jacksonville Florida personal injury attorney to understand and pursue the rights of the injured child.

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.

A recent editorial opinion written in the Florida Times Union covered a program that rated local Jacksonville Florida day care centers on a five star system.

As stated in the article, I also agree that the more information that a parent has - the better. It is important for parents to research and gather information regarding day care centers, schools, sport leagues, music schools, tutoring businesses, and all other entities that purport to care for, teach, or supervise children. Parents who retain my firm for a personal injury matter are often surprised to find out the history and track record of the at fault day care programs and other entities. It is important to be proactive before an injury takes ever takes place. If you have any questions about an injury at a day care center, school, park, sports, league, or other entity where a Florida child was injured, it is helpful to contact a Jacksonville Florida Child Injury Lawyer for consultation, advice, and representation. The laws and insurance issues can be quite complex and it is vital to have legal representation to enforce and protect the rights of the injured child. You can read more about the Jacksonville Florida Times Union editorial at Child Care Ratings - Parents Need Good Info.

Soccer is a great sport in Florida. Children of all ages and adults enjoy soccer. My kids have played soccer in various parks in St. Johns, Duval, Clay, and other counties throughout Florida. Most Saturdays, you can find many soccer games being played. While soccer is a fun sport, it can also be dangerous especially when soccer goals are not anchored for safety. Some soccer goals can weigh a few hundred pounds. When a soccer goal falls on a child, serious injury and death can even occur. To promote safety and awareness of this problem, a non profit group publishes a web site called www.anchoredforsafety.org. I thought that the site is a good reference tool that educates the Florida parents and the public about soccer goal related injuries and safety measures.

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.

As a child, I loved recess and some of the classic games played at recess which included tag, Red Rover, King of the Mountain, and the Merry Go Round. Unfortunately, bigger and rough kids often times make these innocent games too rough to continue.

Rough play can turn the school yard into a serious personal injury zone to Florida children.

Equipment such as swings, teeter tooters, and Merry Go Rounds have been removed from some playgrounds due to safety concerns. Games like tag and Red Rover have been discontinued since smaller children have been seriously injured by bigger children. The Dallas Morning News newspaper published an interesting article on this topic which can be viewed by clicking here.

Supervision is still key to playground safety. Kids will still be kids during recess. If you do not supervise them, trouble will happen. It is far easier to remove the Merry Go Round from the playground than the troublemaker and the bully.

If you feel that there are safety issues at school or a playground, contact the school administration, the local school board like the Duval County School Board or the St. Johns County School Board, and / or a Jacksonville Florida Personal Injury Lawyer.

In response to an incident where a 5 year old Yulee Florida boy was hit and injured by a vehicle on the beach, Jacksonville Florida officials have set temporary restrictions for parking and driving at Huguenot Memorial Park beach. There were prior discussions about restricting driving and parking at this beach, which is the only beach in Duval County where cars and trucks are allowed on the beach. Advocates for beach and public access oppose such restrictions. I believe that reasonable restrictions will protect and save children from serious injuries and wrongful death from auto accident related injuries.

The incident involving the 5 year old Yulee boy is being investigated by the Florida Highway Patrol. A truck ran over the boy while he was playing in the sand. You can read more about the debate over restrictions at Jacksonville Florida Huguenot Beach Posts Shoreline Signs Following Injuries to 5 Year Old.

Under Florida law, a child under the age of 6 cannot be determined to be negligence for his or her actions. As such, the child regarding the Huguenot Park incident can not be held responsible for his actions.

Legal issues involving children can be complicated. A Jacksonville personal injury lawyer should be able to give a parent guidance on the varied issues that present themselves with a child injury matter.

A report out of Miami indicated that doctors are seeing an increase in children's knee injuries in Florida.

Doctors stated that more surgeries are performed on children's knee injuries due to Florida playground injuries, sport related injuries, and other causes. Dr. Steven Swirsky, a South Florida orthopedic surgeon, stated that he is doing 4 times as many surgical repairs than he performed 10 years ago. Dr. Swirsky stated that children are playing sports harder and longer. You can read more about this story at Florida Doctors See Increase in Children's Knee Injuries.

Some knee injuries result from the lack of proper supervision and / or from the negligence of others. Children often times do not possess the good and experienced judgment of an adult. As such, proper supervision at the during activities at school, a playground, a soccer / football field, and even a friend's house is vital. Health and liability insurance issues in Florida arise when there is an injury. Depending on a the facts and circumstances, a Jacksonville Florida personal injury attorney may be able to assist you with your insurance questions and benefits.

An angry Jacksonville Florida resident crashed his car into a local McDonald's restaurant because the cashier had previously made mistakes in his order. David Spillers later admitted that he was wrong for crashing his car into the playground and part of the building to McDonald's. "You want fries with that order . . ." is a common expression. Unfortunately, the cashier forget Mr. Spillers' order for french fries and this apparently upset Mr. Spillers. It does not appear that anybody was hurt at the time but the crash did go into part of the playground. As a parent and attorney, it made me think about the safety of the playgrounds being set so close to roadways and parking lots. While the Spillers incident was quite unusual, it does show how anger can impact the lives of others. You can read more about this story at McAngry - Customer Enraged Over Mixed Up Order. Over billions served and a few pissed off along the way can be a new slogan for this Jacksonville McDonald's. If you receive bad service at a McDonald's or another restaurant, just remember it is just a meal or part of a meal. For your legal needs, you can contact David Wolf at Wood, Atter & Wolf, P.A. at (904) 355-8888.