Florida Child Injury Lawyer Blog

The Consumer Product Safety Commission (CPSC) estimated that about 10,000 people per year go the emergency room from escalator-related injuries; 20% of these injuries involve trapped feet, hands or shoes. In 1997, the Journal of the American Academy of Pediatrics a group of physicians reported, "Young age, inadequate adult supervision, improper activity while riding on the escalator, and escalator-related mechanical problems all increase the risk of injury."

The CPSC offered these safety tips to people who wish to continue to use escalators:

1. Make sure a child's clothing is not loose or dangling. Shoelaces, drawstrings, scarves and mittens can become easily entrapped by an escalator.

2. Always hold your child's hand.

3. Children should not be allowed to play on the steps of an escalator.

4. If you are carrying your child in a walker, stroller, or cart, use an elevator.

5. A parent, caretaker or babysitter should always face forward and hold the handrail. If you fall, you place your child at a higher level of risk for sustaining escalator-related injuries.

6. Avoid the edges of the escalator's steps; this is where entrapment occurs.

7. Always pay attention and be alert while on an escalator with your children. Know where the emergency shut off is.

Parents should always supervise their children as well as prohibit their children from running or playing while riding an escalator. Parents should model the appropriate way to ride an escalator and inform their children of basic safety measures. To read more about this topic is Escalator safety tips.

Children falling from windows and balconies may seem rare but these tragic events occur more frequently then you may think. In fact, falls cause approximately 2.5 million injuries, which require hospital treatment, in children 14 under. Accounting for more than 50% of those falls, are children under the age of 5-years-old. Plus, 80% of these types of accidents occur within the home.

It has been suggested by child experts that a window screen is an insufficient method to protect one’s child from falling out of a window; a child window guard would be the optimal preventative measure.

It is a parent’s primary responsibility to protect and supervise his or her child. However, even the most attentive parent can be distracted. Inevitable distractions coupled with the fact that the majority of falls occur during the time of day when children are most active (e.g., during the hours of playtime) are the main factors to support the installation of a child window guard. These factors present themselves too frequently. A parent can be watching their child, mid-afternoon, and the phone rings. The parent leaves the room to answer the phone and is gone for no more than 10 seconds. Although short in time, this duration is actually long enough to result in a terrible accident. Installing a child window guard would not only shield parents and their children from experiencing a fall, but it would also give an additional sense of security throughout the home; something every family could use. Window guards at homes, schools, day care centers, and other locations where children are present can also protect other children as well. The investment in a proper window guard system is well worth the protection it can provide to children.

To read more about this topic see Child Window Guards.

In Florida, the state is covered with hotels and motels. Florida is a vacation spot / destination for many visitors seeking to enjoy the Florida weather, attractions, and theme parks like Walt Disney World, Sea World, Busch Gardens, and Universal Studios. Florida law requires railings on balconies at hotels / motels. Pursuant to Section 509.211, Florida Statutes - Safety Regulations, a public lodging establishment (i.e. hotel or motel) is required to have safe and secure railings on all stairways, platforms, and balconies when the public lodging is three or more stories in height. Furthermore, all such railings shall be properly maintained and kept in good repair.

In Florida and other states, hotels and motels are everywhere. Many parents do not realize it but there dangers at hotels and motels where there are balconies. Children typically like balconies as they give a view of the rest of the hotel, the pool, the beach, and other fun areas to watch. Children have poor safety awareness and judgment. As such, there are reports of children falling from balconies or out of windows. In Daytona Beach, Florida, it was reported that an 8 year old girl fell off a Comfort Inn and Suites balcony. She was complained of back pain after falling from the first floor balcony. ( See 8 Year Old Falls from Hotel Balcony in Daytona Beach, Florida).

When staying a a hotel, parents should check for the following:

*safety bars and locks on sliding doors / doors to the balcony;

*proper railing around the sides of the balcony; and

*furniture on the balcony (when possible, keep furniture a distance from the railing).

In addition, parents should supervise children on or near balconies to insure the safety of children.

If a child has been injured as a result of an improperly maintained hotel or motel or the negligence of others, contact a Florida Child Injury Lawyer for advice, consultation, and representation.

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.

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.

In Boynton Beach, Florida, a 6 year old fell out of a second story window. It was reported at the Florida Times Union that the girl suffered a fractured leg as a result of the fall. She also injured her shoulder and chin. The girl apparently fell through a window screen. Fire Rescue reported that it would have been difficult to prevent such a fall. There have been other falls from windows reported in other States as well. Parents should be careful and exercise caution any time a window is open with or without a screen on the window.

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.

The Associated Press reported an incident that recently took place at Busch Gardens, Tampa, Florida. Maikon Bonani, age 20, was working at the theme park at the Skyride Attraction which takes park guests on a gondola ride. Maikon thought that one of the gondola doors was unlocked and held onto the door to check on it. Apparently, he held onto the door as the ride left the platform area. Thereafter, Maikon let go and fell 35 feet into a landscaped area. Maikon was later taken to the hospital.

As an employee or Busch Gardens, Maikon's medical bills and injuries should be covered by worker's compensation. In Florida, a worker can recover benefits for an on the job injury even if the injuries were caused by the acts of the employee. From news reports, it is uncertain what safety precautions were in place to prevent an injury of this nature.

The circumstances regarding the injury were released by Busch Gardens. You can read more about this story at USF Football Player Injured After 35 Foot Fall at Busch Gardens.

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.

Children are at high risk for head trauma as compared to other age groups. The two children groups identified to be at the highest risk for head trauma are 4 year olds and the age range between 15 and 19 years of age. Head injury symptoms include headaches or neck pain, confusion or mood change, light headedness, loss of balance, nausea, ringing in the ears, memory problems, concentration problems, decision making problems. and sensitivity to light. If any of these symptoms are present and last longer than 15 minutes, medical experts recommend that the child be examined by fire rescue and / or a local emergency room department. Time is of the essence in diagnosing and treating a head injury.

Dr. Duane E. Dede, a co-director of the Mild Traumatic Brain Injury Clinic based at the University of Florida Health Center, advises that any brain injury should be treated seriously and necessary medical precautions should be taken.

It is estimated that 1.4 million suffer traumatic brain injury by a bump, jolt, or blow to the head every year. The primary causes of TBI (Traumatic Brain Injury) are automobile accidents and falls.

You can read more about brain injuries, risks, and tips at A Head's Up on Trauma - Even a Simple Bump Should be Treated as a Serious Injury.

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.

In Florida and the rest of the United States, 1000 children per week head to a local emergency room for skateboard and scooter related injuries. In Jacksonville, Florida, children frequently are seen at Wolfson's Children's Hospital, Nemours Clinic, Baptist Hospital, St. Vincent's Medical Center, Memorial Hospital Jacksonville, and Orange Park Medical Center. Some parents take their children to urgent care clinics like Solantic Urgent Care Center and other facilities. Most injuries from skateboard and scooters are injuries to the extremities (i.e. arms and / or legs). Fractures to the wrists and ankles are the most common injuries.

Most injuries result from falls from the skateboard. I have read articles and recommendations that children 5 and under should stay off of skateboards and scooters due to balance and coordination development. If a child rides on a skateboard or scooter, the following safety tips are recommended:

1. Helmets. Proper head gear is vital for children. It is suggested that your child use a helmet that complies with the Consumer Product Safety Commission standards.

2. Padding. Padding is available for wrists, knees, and elbows.

3. Basic Clothing / Shoes. Long sleeve shirts and long pants could help reduce or avoid road rash and lacerations.

4. Parental Supervision. Parental supervision is vital to keep your child safe and other children safe as well. Keep your child on a flat smooth surface. Make sure that your child plays it safe and avoids tricks and stunts that can land your child or a friend in a local emergency room. You can read more about Skateboard and Scooter Injuries and Safety Tips at the Riley Hospital for Children Web Site.

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.

Florida children suffer personal injuries from slip and fall incidents every day in Jacksonville and other cities in Florida as well as the rest of the United States. People say that accidents happen and child will fall. These statements are true; however many injuries result of the carelessness of another person. A property owner has a duty to maintain the premises in a reasonably safe manner. Customers and visitors do not visit areas open to the public at their own risks. Whether it is a supermarket, Wal Mart or Target type of store, or any other business for that matter including government offices, the floors, common walk ways, bathrooms, and other areas need to be maintained in a safe condition. If there is a danger in place whether it is a hole in the floor or a leaking air conditioner, the property owner or manager should repair the problem at least post signs, cones, and / or barricades to warn visitors especially children of these dangerous areas and conditions. It is also important for parents to keep an close watch on their children. If you have any questions about a slip and fall type of injury, it is helpful to have the advice and representation of a Florida child injury lawyer. Each case is different and evaluated on its own facts and merits.