Florida Child Injury Lawyer Blog

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Slip & Fall Injuries

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Education , Medical Care & Health Issues , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Boating Accidents , Child Safety , Day Care Centers and Child Care , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Violent Crimes

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Boating Accidents , Child Safety , Day Care Centers and Child Care , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Negligent Security , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Traffic Citations , Train Accident & Injuries , Trucking Accidents

Bookmark:

Crocs are great, convenient, and relatively inexpensive shoes. Kids in Jacksonville Florida and across the nation wear crocs and love them. Unfortunately, there are reported incidents where children in Crocs have suffered personal injuries on escalators. A recent incident took place at the Atlanta Hartsfield Airport when 3 year old Lexi Pregliasco had her foot trapped on an escalator. The foot was trapped for 15 minutes (according to her mother) before airport officials could get it loose. Lexi was later diagnosed with three fractured toes which required surgery. There is a video posted at the WJXT News 4 Website that covers this incident - Girl, 3, Injured on Airport Escalator. There have been other reported incidents of Croc Escalator injuries as well.

Kathy, the author and founder of www.safemama.com, also wrote an article about Crocs and Escalator Injuries. www.safemama.com is a good resource to check out safety issues, product recalls, and child health matters.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Child Safety , Medical Care & Health Issues , Slip & Fall Injuries

Bookmark:

"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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractive Nuisances , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries , Wrongful Death

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Crimes Against Children , Funerals , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , Medical Malpractice , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Statutory References (Florida) , Train Accident & Injuries , Trucking Accidents , Wrongful Death

Bookmark:

I often get calls from Jacksonville Florida people who have been injured at a business like Wal Mart, Target, Publix, and Winn Dixie.

One of the first questions from the prospective Jacksonville client regarding a personal injury matter concerns the incident report. "I fell at the store and the manager refused to give me the incident report." Typically, a business will not release the incident report regarding the slip and fall or other injury. In Florida, a business or any other person for that matter can prepare documents and investigate incidents in anticipation of litigation or a lawsuit. This is called the work product privilege. There are some strategies that have been used to get these reports through a subpoena but typically a Judge will not require the business to produce the incident report. Although an incident report may be helpful, it is not required to prove a case or claim of negligence. All businesses in Florida have a duty to maintain its premises open to the public in a reasonable safe manner. Children are especially vulnerable to injury when a business is not properly maintained.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Slip & Fall Injuries

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Gun & Firearm Safety and Injuries , Homeowner's Insurance / Injuries at a Home , Motorcycle Accidents , Pedestrian Injuries , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries , Swimming Pool & Aquatic Injuries , Wrongful Death

Bookmark:

Thousands of children suffer eye injuries in Jacksonville Florida and across the Nation each year. Prevent Blindness America is a non-profit organization with a mission of promoting eye safety and preventing blindness. According to their Website (www.preventblindnessamerica.com), many eye injuries are preventable if parents and caregivers following three steps:

1. Understand the dangers;

2. Find and remove the hazards; and

3. Watch your child closely.

Simple advice but very good advice nonetheless. Toys including pellet guns and swords can cause injury. Even basic household items put to the wrong use can also cause harm to your child's eye. Be safe . . . be smart and protect your children.

In many instances, the eye injury results from an automobile accident, slip and fall, or other type of unexpected event. As parents, we can do our best to protect our children but cannot always predict events, incidents, or the negligence of others

Of course, you cannot be with your children 24 / 7. As such, at times, you must rely on others including teachers, coaches, neighbors, and other parents to properly supervise your child. If your child sustains an eye injury or other type of injury while under the care or supervision of others, it is helpful to consult with a Jacksonville Florida Personal Injury Attorney to assess the situation and advise you of your rights and legal options.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Slip & Fall Injuries , Sport Related Injuries

Bookmark:

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.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Playground & Recreation Injuries , Slip & Fall Injuries , Sport Related Injuries

Bookmark: