Florida Child Injury Lawyer Blog

When a child is injured in an automobile accident, slip and fall accident, day care center, school, theme park, or other location, there are several factors that are considered when valuing a child injury case. It should be pointed out that each child injury case should be evaluated on its own facts and merits. Every child is different. Similarly, every personal injury claim is different. Individual attention should be given to the child's case by the Florida Personal Injury Attorney, the parent or guardian, and any other individuals involved with assisting a child with the pursuit of damages and compensation for the child injury case. The are various factors that may be considered when valuing a child injury case.

Liability (Fault). Liability refers to the cause of the incident or accident. In Florida, with the exception of a dog bite case, a plaintiff or claimant must prove that the child was injured due the fault or negligence of another person or business. In other words, a person or business failed to do something in a safe manner for the protection of the minor child or alternatively acted in a careless matter that caused the child injuries. With better care and attention, on the part of the at fault person or business, the injuries would have been avoided.

Damages. Damages refer to the losses that are sustained due to the child injuries. Damages can be classified as either Economic Damages or Non-Economic Damages.

Economic Damages. Economic damages refers to expenses that are incurred in the past or future due to the child injuries. Economic damages are expenses that can be calculated and estimated with some reasonable certainty as follows:

Past Medical Bills;
Future Medical Bills;
Past Wage Loss (when applicable);
Future Wage Loss (when applicable); and
Education / Tutoring Expenses (incurred due the injuries).

Non-Economic Damages. Unlike economic damages there is no strict formula and no set number for non-economic damages. Non-economic damages typically refer to the following:

Pain;
Suffering;
Loss of Enjoyment of Life;
Loss of Companionship; and
Loss of Services.

The value of economic and / or non-economic expenses will depend, in part on the following factors:

Age of the child;
Condition of the child prior to the incident / accident;
Permanency of the child injuries;
Severity of the child injuries;
Impact on the child's activities of daily living;
Impact on the child's cognitive abilities;
Impact on the child's education; and
Impact on the child's future income / employability.

Evaluation of a minor's personal injury case can be quite complicated and often times requires the services of a child personal injury attorney to evaluate the case and advise the parent/guardian regarding value legal options and settlement opportunities. On the issues of liability and damages, there are two books available to parents for free that contain information regarding Liability, Damages and other topics. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, Theme Park Injuries, and other topics. Get this book for free at The ABCs of Child Injury. Florida Day Care Center Injuries - Building Blocks of Knowledge for Parents - has chapters on Day Care Center Regulations, Outdoor Equipment and Playgrounds, Indoor Facilities, Record Keeping, Emergency Procedures, and other topics. This book will be released in February 2012. Visit the Wood, Atter & Wolf Website in the near future to get a free copy of this book. If you have a question or concern about a child injury and or the valuation of the same, contact a Florida child the injury lawyer for advice, consultation, and legal representation. All initial consultations are free of charge and all of these cases are handled on the contingency basis meaning that there will be no payment of fees unless there is a financial recovery for the injured child.

A toddler escaped serious personal injury after she fell from the top floor a four-story Florida hotel and was caught by a British woman. 16-month-old Jah-Nea Myles apparently slipped through the balcony railing and fell into the arms of Helen Beard. Beach was at the hotel's pool when she saw the toddler hanging from the railing and ran underneath her to catch the child. Investigators with the Orange County Sheriff's Office described the child as playful after the incident. Helena Myles, Jah-Nea's mother, told police her friend Dominique Holt was watching her child in the adjacent hotel room. Holt, 21, told police she went to the bathroom and all of a sudden heard screaming and saw the balcony door ajar. Holt ran out onto the balcony where she saw Jah-Nea in Beard's arms. Police said no criminal charges are pending. For more read 16-month-old toddler escapes serious personal injury after falling from balcony of Florida hotel.

This child is incredibly lucky. She could have sustained serious personal injuries or death. Direct supervision of children is a key method in preventing many child injuries. Of course, some incidents happen so fast that they are difficult to predict or prevent. Parents, day care providers, teachers, babysitters, and others should be mindful of any areas that may endanger a child like balconies, swimming pools, parking lots, and other locations.

An unidentified 23-month-old boy recently fell from a second-floor balcony of a building in Homestead, Florida. The toddler was transported by air rescue to Miami Children's Hospital where he was listed in serious but stable condition. According to officials, the boy's father was at a pediatrician's office located inside the building. The father stepped outside to make a telephone call, and, while he was on the phone, the toddler climbed onto the railing of the balcony and fell onto the pavement below. For more read 23-month-old boy falls from second-story balcony in Homestead, Florida.

Many accidental injuries to children are preventable. Accidental injuries are one of the leading causes of permanent physical impairment, traumatic brain injuries, fractures and other serious personal injuries. Proper, incessant and direct supervision can prevent many accidental injuries.

http://www.news4jax.com/news/27627451/detail.html

Kyle Conrad, 21, of Jensen Beach, Florida, died after sustaining fatal personal injuries to his head after falling from a railroad bridge in downtown Fort Lauderdale, Florida. Conrad was crossing the bridge with his friend Joe Cundall. The young men were using the bridge as a shortcut when the bridge rose while they were crossing, trapping them in the air. Conrad fell into the river, striking his head; Cundall fell to the ground sustaining personal injuries to his back and ankle. Conrad was taken to Broward General Medical Center where he was later pronounced dead.

The dual-track bridge is 32-years-old and although "No Trespassing" signs are posted on the bridge, access to the bridge is not blocked off. The bridge is controlled remotely and lowered automatically to let trains pass. In 1992, a 24-year-old man was trapped on the bridge when the bridge began to rise in the middle of the night. The 24-year-old was rescued by firefighters and later charged with trespassing. No one has been charged regarding the accident involving Conrad and Cundall. If you would like to read more on this incident please see Two young men cross railroad bridge, one sustains fatal head injuries, the other sustains personal injuries to back and ankle.

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.