Florida Child Injury Lawyer Blog

In Florida, special needs children at times suffer injuries on playgrounds located at schools, day care centers, parks, and other locations. When a special needs child suffers a personal injury in a playground, a parent is often faced with many challenges in concerns. A number of questions and issues are raised when a special needs child is injured while under the care and supervision of others.

*How was the special needs child injured?

*Could the injuries that were sustained on the playground have been avoided?

*What supervision was provided to the special needs child?

A person or facility undertaking the responsibility to supervise and provide care for a special needs child should have an understanding of the child needs and abilities. This is especially important when the special needs child is on or near a playground. Some of the equipment on the playground may be perfectly suitable for the special needs child. Depending on the child, some forms of playground equipment may be beyond the child's abilities if proper assistance or supervision is not provided. For instance, monkey bars maybe extremely difficult for a particular special-needs child to transverse. If the special needs child is using the monkey bars, it may be appropriate for that particular child to have one-to-one assistance. When a special needs child is injured on the playground, there may be a claim or legal case to pursue on the special-needs child behalf. Each case must be evaluated on its own its own merits. Just because a special needs child is injured on a playground does not mean that there is a case or claim to pursue. Whether not there is a viable legal claim to pursue should not be decided alone by the parent. A Florida child personal injury lawyer should be contacted to review the facts and circumstances of the injuries and the relevant Florida laws in place.

The book titled - <strong>The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Playground Injuries, Day Care Center Injuries, School Injuries, and other topcis. You can get this book for free at The ABCs of Child Injury. Another book will soon be available as well for parents looking for information regarding injuries to special needs children. This book is titled Florida day Care Center Injuries - Building Blocks of Knowledge for Parents. This book will be available in February 2012 to special needs parents and other parents of injured children looking for answers and information.

If there is a question about a child injury whether it involves a special needs child or another child, contact the child injury lawyers at Wood, Atter & Wolf, P.A. for advice, consultation, and legal representation. The personal injury attorneys at Wood, Atter & Wolf, P.A. have been representing special needs children and their families since 1957.

Hurricane Irene was not the only thing hitting Florida's east coast last week. On Thursday, August 25th, thirty-eight school children were attacked by a rabid swarm of honey bees at Our Saviour Catholic School in the northern part of Cocoa Beach, Florida. The odd thing about it is that no one knows what caused them to act in such a manner. "No one knew they were there, and the bees just started attacking them," Kristyn Ernest said. Ernest is a mother of two of the children that were stung during the incident.

When hearing about the attack, city and county rescuers rushed to the scene. The main cause of concern for these rescuers was the possibility of a child suffering an allergic reaction to the bee stings. Especially since most of the students had never been stung by a bee before. "Some of the students still had bees in their clothing when they came inside," said G.C. Wine, interim chief of the Cocoa Beach Fire Department. "They came out of the hive and attacked (the firefighters) . . . It's a very aggressive hive." Luckily, none of the thirty-eight student, who ranged from six to seven-years-old, were seriously hurt. Just down the road, Cape Canaveral Hospital had prepared for a "mass casualty incident" with about 50 victims, if hospitalization were necessary.

Officials are saying that the behavior of these bees is very unusual, matching that of the African honey Bee. Nevertheless, officials did hire an exterminator to get rid of the hive barring any delay due to bad weather.

For more on this story, see honey bees swarm, sting students in Cocoa Beach.

In Daytona Beach (Volusia County), Florida, there was a drowning incident reported involving a 13 year old boy. He was found and pulled from the bottom of the Holiday Inn Hotel pool. Volusia County Fire Rescue reported to the scene and attempted to stabilize the 13 year old boy.

Florida is a popular vacation location for residents and out of State tourists. The weather and local attractions including Daytona Speedway and the beach bring people to the East Coast of Florida. Most vacations are fun filled and a great experience for the children and the rest of the family. Unfortunately, some vacations end with serious personal injuries and / or the wrongful death of a child in the State of Florida.

Many Florida hotel swimming pools are not staffed by a certified lifeguard. Florida law does not require the posting of a certified life guard at all hotel swimming pools. While signs are generally posted in and around the pool and in the lobby, there is little in the way of formal monitoring or supervision to prevent drownings or to provide for the safety of swimmers especially children and teens. You can read more about this story at Teen Drowning Victim Reported in Daytona Beach - Volusia County - Florida. See also Volusia County, Florida - Toddler Drowns in Swimming Pool.

Continue reading "Drowning Incident Reported in Daytona Beach, Florida - Holiday Inn on A1A" »

Playground injuries are fairly common at Florida day care centers and could require hospital treatment. According to research, compliance with guidelines or standards can reduce the incidence of such injuries. The Florida Administrative Code, Rule 65C-22.002- Physical Environment, established the standards for outdoor equipment at a day care center.

All playground equipment at a child care center should be appropriate for the children’s age and development. Preschool and school-age children differ dramatically in their physical size and ability as well as their cognitive and social skills. As such, playground designs should accommodate these differences with regard to the type of equipment.

The playground equipment should be properly secured and maintained to ensure safe usage by the children. At least every other month, maintenance should inspect all above and below supports, connectors and moving parts on the playground equipment.

All equipment, permanent or stationary, must have a ground cover or other protective surface to absorb the shock of falls. The U.S. Consumer Product Safety Commission recommends at least 12 inches of safe ground cover. According to the Commission, acceptable forms of ground cover include: mulch, sand, wood chips, pea gravel, or rubber mats.

Regular inspections of the playground equipment ensure that the objects are free from sharp, broken and jagged edges that could harm children, and the equipment should be placed properly to prevent overcrowding in any one area. Lastly, the equipment should be constructed in an area that allows for water drainage.

For more information on this topic, see Rule 65C-22.002.

Child care will become a common experience for the majority of children living in Florida. Many families with children under the age of six have parents that work outside the home. Therefore, in order for parents to be able to work and meet basic economic obligations, child care becomes a vital aspect of daily life. The Florida Legislature has recognized the importance of safety and quality in child care.

The Florida Administrative Code, Rule 65C-22.002- Physical Environment, sets forth requirements that all Florida Day Care Centers are required to follow in regards to their outdoor play areas and playgrounds. The outdoor play area, which should be clean and free of hazards and litter, must be 45 square feet per child in any group using it at a time. The play area should provide shade and must be adequately fenced in accordance with local ordinances to protect children from water hazards nearby such as pools, ditches, and retention or fish ponds. Accidental drownings are the leading cause of death in young children, so it is crucial that all fences do not have any gaps that would allow children to exit the outdoor play area. In addition, the child care faculty must situate themselves in an area where they can properly supervise the children at all times. For more information, see Rule 65C-22.002.

Teagan Marti made a public appearance recently following a tragic incident that took place in Wisconsin over the summer. This resilient and brave 13 year old is doing her best to deal with serious personal injuries that resulted from inattention, negligence, and carelessness on the park of a Wisconsin amusement park. Teagan has a very supportive family and has received months of medical care to get to where she is medically today. Teagan is texting friends and playing video games. She has made progress and has the spirit and drive to improve but still has a long road ahead of her with these injuries.

Safety is so vital for Amusement Parks and Theme Parks. Otherwise, significant injuries, like those to Teagan Marti, will result. Safety first . . . . safety in the middle . . . and safety last should always be followed for any ride and for every rider. Amusement Parks and Theme Parks welcome children through the doors every day. Children and their families bring in the dollars and expect to have a good time. In addition to entertainment, parents should be provided with a safe environment for their children. Most parents are not engineers or safety experts when it comes to a mechanical ride or attraction. These duties belong to the Amusement Park and Theme Park. Contrary to any signs or attempts to limit liability, Amusement Parks and Theme Parks are liable for the negligence and misconduct of their employees. A child does not enter a ride at his or her own risk. That is a ridiculous argument that is clearly frowned upon by judges, courts, and juries.

You can read more about Teagan Marti, the remarkable teenager, dealing with the significant personal injuries from the Wisconsin amusement park at Girl Who Survived Carnival Ride Makes First Public Appearance.
See also 13 Year Old Girl (Teagan Marti) Released from Hospital Following Injuries from 100 Feet Drop at Wisconsin Amusement Park.

If you are a parent or caregiver with questions about a child injury, get a free copy of the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. In this book, parents can get information regarding various issues that arise when there is a child injury. There is a section on Amusement Park and Theme Park injuries that contains some general tips for parents dealing with an incident at an Amusement Park or Theme Park. In addition, there are sections on Medical Bills / Medical Treatment, Automobile Accidents, Day Care Injuries, School Injuries, and other topics. Click Here to get your free book which will be sent to you the same day you order it.

Recently, the State of Florida Department of Agriculture released a list of injuries occurring in Florida theme parks so far this year. The list showed 11 visitors to state theme parks had sustained injuries, most of them minor. Also revealed by the Department of Agriculture's list, was that two new roller coasters were the main cause of rider injuries during the second quarter of the year.

Walt Disney reported 9 injuries from April to June of this year, among them was a 54-year-old man who, after going on Expedition Everest in Walt Disney's Animal Kingdom, had troubled breathing and later had a heart attack. Also, at Universal Studios in Orlando, Florida, a 36-year-old man and a 45-year-old woman both sustained back pain after going on the theme park's ride, the Hollywood Rip Ride Rockit.

Under an agreement with the State of Florida, the State's major theme park operators are required to report details of injuries in exchange for avoiding government ride-safety regulation. If you would like to read more on this story please see Florida's Department of Agriculture reveals personal injuries sustained at Florida theme parks.

Continue reading "Florida Theme Park Injuries - Reports to Florida Department of Agriculture" »

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.