Florida Child Injury Lawyer Blog

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?" »

A Christmas gift allegedly turned ugly last week, when a young child was given a toy pellet gun. Unfortunately, the boy (with his new present) shot his cousin who is Autistic. Christopher Fred Cady, age 39, then took away the gun from the child who shot his autistic cousin. According to the news story reported in The Miami Herald, Cady then shot the boy to show the boy how it felt. While the boy was definitely wrong for shooting a helpless and defenseless autistic child, Mr. Cady was not justified in shooting the offending child in the chest to show the offending child how it felt.

According to the St. Lucie, Florida Sheriff’s Department, Cady has been charged with cruelty toward a child without great harm. Read more about this incident at Man accused of using pellet gun on boy as a lesson.

It is not clear what Cady’s relationship was to the children in question, or if either of the children were seriously hurt by the pellet gun shots. What is clear is that the child was either too young or too irresponsible to be given any type of gun for a Christmas present. Even “toy” pellet guns can cause serious harm and children should not be allowed to play with them without strict adult supervision.

Of course, Mr. Cady will be entitled to the services of a Public Defender or a private criminal defense lawyer as to these charges. Witness statements will be taken and reviewed. Mr. Cady will also have the opportunity to present a defense and / or explanations for the events or incidents reported.

If a child is injured as a result of the actions or inactions of another person or child, it is important for parents to know the legal rights of the injured child. A consultation with a child injury lawyer can answer many questions including what laws and statutes apply, the availability of liability insurance, and responsibility for payment of medical bills and other related damages.

According to Florida Statutes, ATVs can only be operated during the daytime on unpaved roadways where the posted speed limit is less than 35 miles per hour by a licensed driver, or by a minor under the supervision of a licensed driver. Walton County, Florida takes it one step further, prohibiting any use of ATVs except on private property.

But the Walton County Sherriff’s Office has been inundated with calls from concerned residents lately, who report that four or five young people have been spotted driving at high speeds down Walton County Highway 1084 and in the county dirt pit behind the community center. Driving an ATV on public property in Walton County is not permitted, and is considered a second degree misdemeanor. The fine for violating the ordinance is $250.

Young people are especially likely to be injured by their own carelessness while driving an ATV; Florida statutes concerning ATVs have been passed for the protection of drivers and bystanders alike. These injuries from ATV accidents include fractures, abrasions, lacerations, head trauma, and in some instances death. Some ATV accidents can be avoided by following Florida statutes, driving at safe speeds, choosing roadways carefully, and paying attention to weather conditions.

Read more about unlawful ATV drivers in Walton County, Florida at ATV complaints pour into sheriff's office.

Charlie Hall, age 12, was riding in a go-cart with his sixteen year old brother, Christopher Hall, at a speed of about 30 miles per hour when Christopher lost control of the vehicle. According to witnesses, he slammed on the brakes to avoid a pothole, which caused the go-cart to flip, ejecting Charlie. Another passenger in the go-cart, 15-year-old Nitira Bazemore, was also ejected in the crash.

According to Palm Bay Traffic Homicide Investigator, Jennifer Cordeau, Charlie was up and walking around after the crash, but suffered cardiac arrest and died on the way to the hospital. The other two children suffered only minor injuries. You can read more about this tragic go-cart accident at Palm Bay Child Killed In Go-Cart Accident.

Over 15,000 go-cart/fun-kart related injuries are treated in U.S. hospital emergency rooms each year. Children under 15 years of age suffer about 65 percent of these injuries. When children are allowed to operate a motor vehicle, such as a go-cart or all-terrain vehicle (ATV), it is vital that they are provided with proper instruction, rules and adult supervision. Adults should check surface conditions, inspect the vehicle’s state of repair, and monitor the vehicle’s speed. Some go-cart and ATV accidents are not preventable, while others can be avoided with slower driving, better choice of surface areas, careful attention to weather conditions and visibility, and other safety measures.

Near Tampa, Florida, cheerleaders were injured in a van accident. While traveling on Interstate 275, the van reportedly blew a rear tire, crashed into a concrete wall, and then flipped over. Numerous Fire Rescue and police vehicles responded to the scene of the accident. The accident caused personal injuries to 13 of the cheerleaders who had just finished competing in Lakeland based cheerleading competition. The cheerleaders were treated at St. Joseph's Hospital and Tampa General Hospital. When investigating or evaluating a crash of this nature, it would be important to know the following:

What was the make, model and year of the van?

What the make, model, year, and number of miles on the tire that blew out?

What kind of maintenance was completed for the van during the 6 months to 1 year prior to the crash?

What person or organization owned the van?

What seatbelts were available for use on the van?

What passengers were wearing seatbelts?

What speed was the van traveling just prior to the tire blowing out?

Fortunately, there were no deaths or serious personal injuries reported regarding this crash. It was certainly a frightening experience for all involved as well as their family members. You can read more about this story at Cheerleading Van Crashes on Interstate 275.

Twelve-year old Jennifer Valdivia was attending a Florida Marlins vs. Philadelphia Phillies baseball game last July when Ryan Howard hit his 200th career home run. Jennifer was lucky enough to catch the ball, but Howard apparently wanted the ball back.

A representative from the Phillies ball club approached Jennifer in the stands, and told her that if she handed over the ball, he would have Howard sign it for her and Howard would give it back to her personally after the game. After the game, Howard was nowhere to be seen, but a security guard found Jennifer and gave her ball that had been autographed by Howard - a brand new ball, not the one she had caught.

Upon learning what happened, Jennifer’s mother, Delfra Vanegas, called the Phillies and asked them to give her daughter the ball back. The Phillies did not respond until the family’s attorney sued the club for $15,000 and the ball. The Phillies then returned the ball to Jennifer, who says she has no plans to sell it.

When a fan catches a ball in the stands, it is generally accepted that they are allowed to keep it. Taking a ball from a small child because it is believed to be worth a lot of money is an act that is bound to make both Howard and the Phillies look bad to the general public. The fact that they mislead the girl into giving them the ball with false promises would have undoubtedly helped the girl’s case if it had gone to trial.

Find out more about this story at Jennifer Valdivia 12-Year-Old Sues Philadelphia Phillies Over Ball.

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.

Florida has great beaches and many children and teens enjoy swimming in the ocean. With great fun also comes great danger. There have been many injuries and deaths that have resulted through the years due to rip currents in Florida. Brandon Martin went missing after a Saturday morning swim. He was found the next day as confirmed by officials with the Volusia County (Florida) Beach Patrol.

Rip currents are often times misjudged by children and teenagers. It is always best to use caution when swimming in the ocean. Speak to life guards and others experienced with this part of the beach and swimming area. If there is any question about the weather or rip currents, stay close to shore or just avoid going swimming that day.

The story about Brandon Martin was reported in the Orlando Sentinel Newspaper.

In Florida, rough waters, at times, claim the life of divers. In Miami Dade, Florida, Miami Dade Police reported that at diver (Antonio Gonzalez), age 24, recently drowned near the Fowey Rock Lighthouse near Key Biscayne, Florida. He was diving with two friends at the time.

I grew up in Miami and went snorkeling from time to time in and around Key Biscayne. Fortunately, I did not encounter any unexpected weather or ways. I also tended to swim close to shore and safety.

Since weather and waters can be very unpredictable, it is important to take safety precautions when diving, snorkeling, or swimming in Florida waters. While not all drownings are preventable, a great many can be avoided by take the appropriate safety precautions while participating in water related / swimming / diving activities. Boaters and swimmers should pay close attention to weather condition and always act on the side of caution and safety.

You can read more about the drowning in Miami Dade County at Diver Drowns Near Key Biscayne, Florida.

In New Port Richey, Florida, a terrible playground incident was recently reported involving a 3 year old girl. The incident took place at the Footprints Pre-School and Child Care Center. A teacher found the 3 year old girl unconscious with a tetherball rope wrapped tightly around the little girl's neck. I question why a tetherball set or rope was in place at a pre-school. The typical tetherball playset can be extremely dangerous to small children. This is especially true when the children are not properly supervised and use the equipment in a dangerous manner. It would be interesting to know what particular equipment was in place at the pre-school. In addition, what rules or protocols were in place at the day care center for sports equipment? What were the supervision procedures for playground activities?

A spokesman with the Department of Children and Families stated that DCF is investigating the incident to find out what happened and how a tetherball rope without a ball became wrapped around the child's neck. You can read more about this incident at Day Care Center Child Found With Rope Around Neck.

In Orlando, Florida, there are many water parks including several at Walt Disney World. For most, being at theme park is a pleasant and enjoyable experience. For some, theme parks are reminders of traumatic incidents, personal injuries, and even deaths at times. Recently, a 15 year old girl reported that a 51 year old New York man pulled off her bikini top and touched her chest. The Orange County Sheriff's Office reported that Robert Chester Double, Jr., age 51, was arrested for the incident at the Typhoon Lagoon Water park. He was charged with the crime of lewis and lascivious molestation. Newspaper reports did not indicate what legal defense, if any, Mr. Double had regarding the charges. The evidence in place, whether through video or other eyewitnesses, was also not reported. This story shows that even in large crowds at theme parks - there are dangers lurking for small children and teenagers. You can read more about this story at Man Charged with Crime at Orlando, Florida Water Park - Molestation of Teen Victim.

Parents, coaches, and volunteers work hard to raise money for little league baseball around the State of Florida. It takes a lot of time and hard work to raise money for children's sports leagues. Unfortunately, some people steal these funds that are raised for the benefit of the children. In St. Petersburg, Florida, a Florida little league coach, Almir Zuhric, is accused of stealing funds from the Northeast Little League Association bank account. Mr. Zuhric is accused of using routing numbers on a check to purchase $2,600 worth of jewelry. Mr. Zuhric was arrested for fraud and is being held on $5,000 bond. If the charges are true, Mr. Zuhric should be banned as a coach or volunteer from any baseball or sports league. You can read about this story at Baseball Coach in St. Petersburg, Florida Accused of Fraud.

In Florida and other states, summer time brings warm weather and an opportunity to enjoy various swimming and aquatic activities at theme parks, water parks, public pools, and other areas. Unfortunately, these activities and locations also have been targets of child predators and sexual offenders. There have been several incidents reported at Wet N Wild (rape of a 14 year old girl) and Seaworld's Aquatica (molestation of three girls). Parents should only have to worry about sunscreen and supervision while swimming. In today's world, parents and caregivers must be diligent about supervising their children and keeping them safe from child predators and sex offenders. This includes supervision in locker rooms and changing areas. You can read more about this story at Sexual Incidents at Water Parks in Orlando, Florida Prompts Review.

In Florida, summer time gets kids outside. It is a time for swimming, bicycle riding, running away, going to the beach, and playing all kinds of other sports. It is also a time for kids to get injuries from minor ones to more serious personal injuries. It is helpful for parents, counselors, caregivers, and others to have some first aid essentials available for children including: sunscreen, hydrocortisone cream, antibiotic creams and ointments, bug spray, bandages, band aids, gauze pads, hydroperoxide, and other essentials.

It is vital that children stay well nourished and hydrated during these hot summer days. Parents and caregivers should do their best to prevent problems or injuries from taking place at all. When there is a problem, use your first aid kit. For more serious problems and injuries, consult with your pediatrician or go to a local emergency room. You can read more about common summer time injuries at Summer - A Time for Fun and a Time for First Aid.

In the blistering summer heat especially in Florida, children are at risk for heat exhaustion and heat stroke. What is the definition of these terms?

Heat exhaustion usually involves a fever of 104 degrees or less, thirst, fainting, cool & clammy skin, weakness, aching muscles, sweating, slow heartbeat and dizziness.

Heat stroke is a condition that may result from untreated or unrelieved heat exhaustion. Heat stroke takes place when the body temperature rises and the cooling system of the body stops working. This is a potentially life threatening condition that may involve shortness of breath, nausea, vomiting, fatigue, rapid heart rate, and decreased urination.

See Children's Hosital (Aurora, Colorado) Webiste.

Both heat exhaustion and heat stroke take place due to exercise in hot weather. Preventative or safety measures can be taken by parents, coaches, summer camp counselors, and other to help prevent heat exhaustion and heat stroke. Measures include providing children with frequent breaks, good hydration, and limits to the total play or exercise time for the children.

The Florida High School Athletic Association (FHSAA) sets forth standards for sports programs including football for Florida high schools. Many policy and procedures are in place to promote the health, safety, and welfare of the student athletes. In addition, standards also help "level the playing field" for competition. Recently, Okeechobee High School was reprimanded by the FHSAA for policy violations involving Okeechobee's football program. Violations took place at the beginning of spring football practice which included having a Sunday practice, having 8th graders practice "full-contact" with upperclassmen. In high school sports, some violations are minor and others are more severe. The severity or importance of the violation should not necessarily be measured on the physical harm done or personal injuries caused. At times, coaches ignore rules, regulations, and policies in the spirit of competition and winning. Principles and policies should not be abandoned to win a game. After all, high school sports, by its definition, is a sporting program for children. In addition to sports competition, there is also an education along the way. You can read more about this story at FHSAA Issues Reprimand to Okeechobee High School.

In Naples, Florida, officials have reported that a 17 year old boy scout (Michael Abelman) died while on a hike in the Big Cypress National Preserve. Collier County, Florida Sheriff's Office reported that the death may have been related or caused by a medical problem. Due to the age and circumstances of the death, I suspect that an autopsy will be performed to determine cause and manner of death. It is certainly tragic that Michael Abelman died at such a young age. Typically, young men who remain in the boy scouts through their late teens are dedicated individuals with a bright future ahead of them. You can read more about this story at 17 Year Old Boy Scout Dies While on 7.7 Mile Hike in the Big Cypress National Preserve.

In Florida other coastal States, even experienced swimmers and surfers die. Recently, a University of Florida student, Roland Earl Stiles, III, age 25, was found in the waters off of Crescent Beach after he was reported missing. He was taken to Flagler Hospital in St. Augustine, Florida where he was pronounced dead. Witnesses reported that Stiles went out beyond the breakers to catch some waves. When he was not seen by friends, there did not appear to be a cause to panic or worry since Stiles had been surfing his entire life. Later, a white surfboard was found without Stiles on it or nearby. Rescuers were called in for assistance. Unfortunately, Roland Earl Stiles, III died as a result of accidental drowning during this surfing outing. You can read more about this story at UF Surfer Dies at Crescent Beach, Florida.

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.