June 28, 2009

Summer Time Fun and Child Injuries

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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.

June 18, 2009

What is the Difference Between Heat Stroke and Heat Exhaustion?

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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.

June 16, 2009

Florida High School Athletic Association Reprimands Okeechobee High School Football Program

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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.

May 14, 2009

Florida Boy Scout Dies on 7.7 Mile Hike

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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.

May 8, 2009

University of Florida Student Dies Surfing at Crescent Beach, Florida

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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.

April 28, 2009

Safety Tips to Prevent Accidental Injuries to Kids - Advise from the Florida Department of Health and Safe Kids

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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.

April 19, 2009

Bounce Houses Can Be Fatal - The Dangers of Bounce Houses

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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.

February 18, 2009

Sports Related Injuries to Florida Children - Learning the Basic Anatomy and Medicine of the Injury

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The National Institute of Arthritis and Musculoskeletal and Skin Diseases has a very helpful website on the topic of sports injuries. Every day, Florida children are injured as a result of sports related injuries. Some are just unfortunate occurrences. Many injuries, however, result from the failure to supervise children at practice or during free play. As parents, it is important to understand the nature and anatomy of the injury. The National Institute of Arthritis and Musculoskeletal and Skin Diseases Web Site is helpful in that it summarizes various injuries including injuries to the common areas such as the knee, ankle and shoulder.

December 15, 2008

Florida Supreme Court Strikes Down Parental Waivers of Liability for Children

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The Florida Supreme Court recently ruled on an important issue involving the validity of parental releases for children engaging in potentially dangerous activities that could cause serious personal injuries and death. In the case, a motorsports park had a parent sign a waiver on behalf of a 14 year old riding an all-terrain vehicle. The trial court dismissed the case due to the waiver / release. An appellate court ruled that the waiver / release was invalid and against public policy. The Supreme Court of Florida agreed and ruled 4 to 1 in favor of the family's right to sue the Defendant for the wrongful death of the 14 year old boy. The appellate attorney representing the family was Bard Rockenbach. I know Mr. Rockenbach and have worked with him in the past on some legal and appellate issues. He is a very knowledgeable attorney who has dedicated many years to legal issues to protect and enforce the rights of children and their families. The Supreme Court of Florida has paved the way for other families to bring actions against commercial enterprises and their employees who negligently cause personal injuries and / or the wrongful death to children. A child personal injury attorney who is knowledgeable to the current case law, statutes, and procedures can assist families of injured children in their quest to obtain rightful compensation for medical bill, pain and suffering, and the loss of enjoyment of life. You can read more about the Supreme Court's decision at Supreme Court of Florida Rules that Parents Cannot Waive Legal Rights of Children.

November 16, 2008

Attractive Nuisance Law in Florida

A landowner, business or homeowner, may be held liable in Florida for injuries to children on the property if the injury is caused by a hazardous or dangerous condition that is likely to attract or interest children who are unable to appreciate the risk posed by the object or condition. In Florida, children under the age of 6 cannot as a matter of law be considered negligence. Children over the age of 6 can be considered negligent in part for their own injuries. Cases of attractive nuisance may involve piles of lumbar or sand, abandoned cars, trampolines, swimming pools, electrical transformers, wells, and irrigation equipment. Florida cities from Miami to Jacksonville to Pensacola all have weather that permit a child to play outside year round. Child are curious and will play in just about any area. A dirty and dangerous area to an adult is viewed as something quite different to a child. Typically, businesses, government, and homeowners have liability insurance that cover injuries to children caused by an attractive nuisance.

November 11, 2008

Playground and Other School Related Injuries in Florida

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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."

October 24, 2008

12 Year Old Who Died During Football Practice Had a Heart Defect

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Rashad Wallace died during football practice on August 2, 2008. An autopsy revealed that Rashad died as a result of cardiac arrhythmia. It does not appear that Rashad died because of heat, dehydration, or the rigors of the football practice. See Twelve Year Old Who Died at Football Practice Autopsy Completed. Typically, children undergo a physical before playing in an organized football program. I am uncertain if a basic physical would have detected the abnormal heart beat. In many cases, cardiomyopathy is treated with medication and periodic examinations and testing. Rashad suffered from cardiomyopathy which contributed to the deterioration of the heart muscle. The American Heart Association has a good web site that describes different forms of cardiomyopathy and treatments for each type.

The autopsy of Rashad Wallace proved to be very helpful to explaining the cause of death and whether the football practice and conditioning were related to his death.

October 21, 2008

Florida Day Care / Child Care Standards - What are the Requirements for Supervision of Outside Play Areas?

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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.

October 14, 2008

What To Do for Child Sports Injuries? Tips for Assessing Injuries

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In Jacksonville, Florida and the rest of the Sunshine State, children are injured every day playing sports in school and at the local park. I recently read a great article that gave simple but informative tips on assessing or evaluating the child to determine the severity of the injury. Ideally, it would be best if there was a doctor on the spot for every injury. However, this is not realistic. As such, every day coaches, parents, and volunteers must assess the injury to determine if it is just a minor bruise or bruise to the body and / or ego OR if medical attention / evaluation is necessary. You can read the article at What To Do for Child Sports Related Injuries? I thought that the tips for coaches were especially on point which included the following:

*Work on stretching and conditioning exercises especially early in the sports season;
*Pay attention to the heat and make sure that the players get enough water;
*Do not deprive children of water as a way of punishment;
*Be aware of the medical history and condition of the child; and
*Always have a First Aid Kit available at practices and games.

Safety should be the number one priority for all child sports related activities. A big win at the expense of a child's health is no win at all.

October 7, 2008

Skateboard and Scooter: Child Safety and Injuries in Florida

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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.

October 1, 2008

High School Athletes: Overuse Injuries - Safety Tips for Our Children

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High school athletes in Florida are often times pushed to the limit and even pushed beyond their limits. As a result thereof, injuries (sometimes permanent injuries) occur that could have otherwise been avoidable. While high school coaches and student athletes should be dedicated to the chosen sport, the overall safety and health of the student athlete should be priority over the focus of conditioning and competition. The Miami Herald posted a good article on the issue ofOveruse injuries: When high school athletes play too much in Florida Schools.

Parents should pay close attention to children who participate in sports programs in high school, middle school, pop warner, baseball, soccer, football, and other leagues. While coaches are trained and most undergo a background check, the coach does not always know best or do the best thing for the children. The majority of coaches out there are volunteers and truly have the best interests and safety of the children at heart. Others coaches, unfortunately, put all the focus on competition and winning at the expense of the child's health, safety and well being.

Depending on the facts of the case, a Florida Child Injury Lawyer will represent an injured student athlete when the injury results from the negligence of a coach, volunteer or even another student athlete. The most important time to take action is before the injury occurs. Be proactive for the safety, well being, and health of the student athlete.

September 30, 2008

Golf Club Injury - Child Dies After Being Accidentally Hit by Another Child

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Simple household and sporting equipment / objects can be deadly in certain circumstances. In Holly, Michigan, a 7 year old boy after he was accidentally hit by a friend with a child sized golf club. The children were playing in or near the garage the other boy's father was doing yard work. The injured child was taken to Genesys Regional Medical Center in Grand Banc where the child died. See Blow to Head With Child-Sized Golf Club Kills Boy, 7, in Michigan.

I have a set of child golf clubs and bats in my garage. I do my best to supervise my children when they are playing baseball, whiffle ball and other sports. Teaching children to stay a safe distance away from a bat (even in a whiffle ball game) is important. Incidents like the one that happened in Holly, Michigan are tragedies but also teaching tools that the all parents and those who supervise children should pay close attention to in supervising and instructing children on safe play.

While a death of this nature is not an everyday event, injuries from common household objects and sporting equipment combined with the negligence of others (yes, that can include the negligence of another child and / or parent) do happen everyday. These type of injuries may warrant a claim against a homeowner's insurance policy depending on the facts and circumstances. As a Florida child injury lawyer and parent, I am sensitive and quite aware of these type of incidents and all of the legal, moral, and practical issues that go along with these cases.

September 4, 2008

Handling Child Sports Injuries in Florida: Needing Motivation Versus Needing Medical Care

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I read a very good article posted at the South Florida Sun Sentinel web site by Reporter Nick Sortel titled Field of Screams - How to Youth Sports Injuries. When dealing with an injured child, it is important for a coach, parent, and / or volunteer to find out the extent of the injury. Is the child just tired? Is the child scared? Is the child truly hurt? Parents and coaches alike tend to take child sport leagues very seriously. As pointed out in this article, is Urban Meyer or Billy Donovan really scouting out a 12 year old at the local park? The leagues and games really need to be put in perspective. Child safety and supervision are paramount to running a successful program. Winning is far from everything if a child is seriously injured and does not get the medical attention he or she needs.

August 27, 2008

Dangers of High School Football - Running Back (Milton Johnson) Seriously Injured in Baker County Florida

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A 10th grade high school football player, Milton Johnson - age 15, was recently injured during practice at Baker High School in Glen St. Mary, Florida. A news story (Baker County High School Wildcat Football Player is Critical) by Jim McGauley of the Baker County Press reported that that the injury may have resulted from Milton being struck in the neck region by another player's shoulder. Milton was transported to Shands Jacksonville Trauma Center in Jacksonville, Florida where he was placed on a ventilator.

Serious injuries result from Florida pop warner and high school football as well as other contact sports every day. These injuries are part of the risks of the sport. In some instances, sport related injuries can be avoided with proper training, instruction, and supervision. In other instances, the injury is an unfortunate result of timing and body positioning.

August 15, 2008

My Child Was Injured at a Florida Hotel: What Are My Child's Rights in Florida?

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Florida is a tourist destination for many people. Florida residents also travel throughout the State of Florida and vacation / visit many area. Florida hotels and their owners and operators have a duty to provide a safe and secure environment for their guests and visitors including children. The common areas and rooms need to be inspected and cleaned on a regular basis. If the hotel chooses to put an amenity in place like a pool, playground, or play area - the hotel must reasonably maintain the area for the protection and safety of the guests and visitors to the hotel. "What are my rights if my child is injured?" I am often asked this question and the answer depends on the facts and actions / inactions of the hotel owner, management, staff, and employees. While a hotel owner is not liable for every incident and injury on the premises, the hotel owner is liable for the injuries that were caused by negligence. To protect and understand the rights of the injured child, it is often times helpful to consult with an experienced Florida child injury lawyer.

August 6, 2008

Is a Liability Waiver or Release as to a Child's Injury Valid in Florida?

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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.

August 4, 2008

11 Year Old Boy Collapses at Football Practice at Normandy Sports Complex (Jacksonville, Florida) - Cause of Death Unknown

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An 11 year old boy recently collapsed while at football practice at the Normandy Boulevard Sports Complex in Jacksonville, Florida. The boy was taken by ambulance to Wolfson's Children's Hospital. An autopsy was performed by the Duval County Medical Examiner but no reports or information has been released from the medical examiner's office. Heat exhaustion is one of the possible causes of death being considered. The warning signs for heat exhaustion include heavy sweating, weakness, rapid pulse, nausea, and headaches. The death of a child is tragic. There are not enough facts present at this time to determine if the death was due to anyone's negligence or if the death was just an unfortunate / unavoidable incident. Of course, the family and community are searching for answers in this time of mourning and grief. You can read more about this story at No Cause Given for Death of Jacksonville, Florida Pop Warner 11 Year Old Football Player.

July 3, 2008

Sports Injuries, Play Areas, Day Care Centers, Bounce Houses and More - Are Releases and Waivers of Liability Valid for Florida Children?

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Many Florida sport leagues, tournaments, day care centers, pools, and play centers like Pump It Up and others require the execution of a release / waiver of liability for injuries for your Florida child to participate. A Florida family and its attorney challenged the validity of this waiver and actually won the case. The result of the case was that the release / waiver of liability was determined to be invalid in the case. While this may not mean that all releases and waiver of liability for child injuries are invalid, the case does provide good law and guidance for challenging these releases. I actually know the appellate attorney who argued the case before the appellate case and have used this attorney to handle some of my appeals. You can read more about this topic at Florida Youth Sports Liability Waivers Challenged. Proponents of the waivers state that lawsuits should not be filed due to negligence of coaches, leagues, property owners, or others. In addition proponents of the waivers state that the costs of insurance and operations will only increase if the waivers cannot be utilized to limit liability for negligently causing injuries to children. Opponents of the waiver state that the waivers are unfair and will encourage bad conduct without consequences. I believe that the waivers and releases are fair too broad and should not exempt or excuse negligence that causes serious injury to a child. When there is a child injury (with or without a waiver), it is important to contact a Florida Child Injury Lawyer to review the rights of your child.

June 27, 2008

Florida Anti Bullying Law - Can I Pursue a Legal Case for Damages Under this Law?

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The Florida legislature passed an Anti Bullying law for the protection of children in Florida public schools. The Florida law requires that schools set up procedures for reporting and dealing with acts of bullying. Schools have until December 1, 2008 to establish such procedures. The Florida Anti Bullying Law itself does not provide a civil remedy per se against a public school, day care center, summer camp, teacher, employee, student, or parent for acts of bullying. Since the law is new, it is difficult at this time to predict how the law will be interpreted or enforced. When dealing with most child injuries in the State of Florida, negligence standards apply in most cases. In other words, there must be a duty, breach of duty, causation, and damages to recover monetary damages / compensation for injuries sustained by a child. Dog bites in Florida are subject to their own statute. If a child is bitten by a dog, the owner is strictly liable for the damages or injuries. Negligence does not have to be proven for a dog bite case. For other cases including bullying cases, I believe that the negligence standards would still apply. When dealing with any child injury in Florida that is caused by the fault or negligence of a business, government entity, or person, it is helpful to have the advice and counsel of an experienced Florida child personal injury lawyer to guide you through the laws and represent your child's interests.

June 20, 2008

Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

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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.

June 19, 2008

Chaperone Liability: Can a person be held liable when watching a child?

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A recent Hawaii verdict for $700,000 should cause concern for schools, day care centers, churches, and other groups that take field trips within the community, the State of Florida, and abroad. Teresa Cleary, a chaperone on a cheerleading field trip, was charged with the responsibility of chaperoning and supervising the children on a trip to Hawaii. One of the students on the trip (an 18 year old) fell from a balcony to her death. There were reports of drinking prior to the incident. While an incident like this is uncommon, the verdict serves as a "wake up call" to all parents responsible for the health, safety, and welfare of children on a field trip. While it is important to have fun, see the sites, and have an education, the safety of the children is the most important thing when traveling with children. This applies to a field trip around the corner as well as trips to other countries.

The liability of a chaperone is similar to that of a teacher or neighbor watching your child. You can read more about the legal requirements for such a case in Florida by going to my article at Negligent Supervision in Florida by Teachers and Other Adults at Schools and Summer Camps: Do I have a legal case?

June 18, 2008

Risks of Injury at Summer Camp in Florida - Some Activities Are More Risky Than Others

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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.

June 13, 2008

Spinal Cord Injury in Florida Children - Causes of Injury

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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.

June 12, 2008

Traumatic Brain Injury - The Injured Child in Florida - What is a traumatic brain injury?

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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.

June 9, 2008

Quick Checklist for Safety on Florida Playgrounds - Preventing Child Injuries

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As a Jacksonville Florida child injury lawyer, I feel that it is my responsibility to share my experience and expertise with others not only as a lawyer but also as a safety advocate. Parents, teachers, volunteers, day care workers, and child care workers can take action to better supervise children and the playgrounds in the community. The National Program for Playground Safety is a non profit organization that promotes playground safety in Florida and other states. A Quick Checklist and other valuable tips can be accessed at the National Program for Playground Safety web site.

Unfortunately, many children are injured every year on Florida playgrounds due to defective equipment, poor maintenance, bullying, and the lack of proper supervision by adults charged with the responsibility of watching our children. If you feel that your child has been injured by negligence at a Florida playground, call a Florida child injury lawyer for advice and guidance.


June 5, 2008

My Child Was Injured in a Florida Day Care Center - What Can I Do?

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"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.

May 30, 2008

Jacksonville Florida Summer Camp Guide

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The Florida Times Union newspaper web site has a tool to research summer camps in Jacksonville Florida. The 2008 Summer Camp Directory should be used by every parent and caregiver making a decision about summer camps. Parents should be careful when selecting a summer camp. Look at the decision like you would for day care or school. The adult and teenage counselors will have the responsibility for watching over and supervising your children. Injuries to children and other incidents can happen at a summer camp in Jacksonville Florida. The careful selection of a summer camp may help avoid these problems in the future. Accidents do happen at summer camps. Some incidents are caused by the negligence of the summer camp and its counselors. Others are not. If there is an injury at a summer camp, day care center, or school - it is important to get legal advice from a Jacksonville Florida personal injury attorney to understand and pursue the rights of the injured child.

May 23, 2008

Jacksonville Florida Day Care Ratings - Parents Need to Know

A recent editorial opinion written in the Florida Times Union covered a program that rated local Jacksonville Florida day care centers on a five star system.

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As stated in the article, I also agree that the more information that a parent has - the better. It is important for parents to research and gather information regarding day care centers, schools, sport leagues, music schools, tutoring businesses, and all other entities that purport to care for, teach, or supervise children. Parents who retain my firm for a personal injury matter are often surprised to find out the history and track record of the at fault day care programs and other entities. It is important to be proactive before an injury takes ever takes place. If you have any questions about an injury at a day care center, school, park, sports, league, or other entity where a Florida child was injured, it is helpful to contact a Jacksonville Florida Child Injury Lawyer for consultation, advice, and representation. The laws and insurance issues can be quite complex and it is vital to have legal representation to enforce and protect the rights of the injured child. You can read more about the Jacksonville Florida Times Union editorial at Child Care Ratings - Parents Need Good Info.

May 15, 2008

Florida Children At Risk for Injury from Unanchored Soccer Goals

983280___play__.jpg Soccer is a great sport in Florida. Children of all ages and adults enjoy soccer. My kids have played soccer in various parks in St. Johns, Duval, Clay, and other counties throughout Florida. Most Saturdays, you can find many soccer games being played. While soccer is a fun sport, it can also be dangerous especially when soccer goals are not anchored for safety. Some soccer goals can weigh a few hundred pounds. When a soccer goal falls on a child, serious injury and death can even occur. To promote safety and awareness of this problem, a non profit group publishes a web site called www.anchoredforsafety.org. I thought that the site is a good reference tool that educates the Florida parents and the public about soccer goal related injuries and safety measures.
May 5, 2008

Florida Pediatric / Child Head Trauma Can Lead to Death

Trauma is the number one cause of death in children older than 1 year in the United States.

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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.

April 28, 2008

Florida Schools Are Reinventing Recess for Safety Measures

As a child, I loved recess and some of the classic games played at recess which included tag, Red Rover, King of the Mountain, and the Merry Go Round. Unfortunately, bigger and rough kids often times make these innocent games too rough to continue.

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Rough play can turn the school yard into a serious personal injury zone to Florida children.

Equipment such as swings, teeter tooters, and Merry Go Rounds have been removed from some playgrounds due to safety concerns. Games like tag and Red Rover have been discontinued since smaller children have been seriously injured by bigger children. The Dallas Morning News newspaper published an interesting article on this topic which can be viewed by clicking here.

Supervision is still key to playground safety. Kids will still be kids during recess. If you do not supervise them, trouble will happen. It is far easier to remove the Merry Go Round from the playground than the troublemaker and the bully.

If you feel that there are safety issues at school or a playground, contact the school administration, the local school board like the Duval County School Board or the St. Johns County School Board, and / or a Jacksonville Florida Personal Injury Lawyer.

March 30, 2008

Child Eye Injuries and Safety: Protecting Your Florida Child

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:

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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.

March 27, 2008

Florida Doctors See Increase in Child Knee Injuries

A report out of Miami indicated that doctors are seeing an increase in children's knee injuries in Florida.

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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.

February 8, 2008

Hockey Related Injuries in Children and Adults

According to an emergency room study, over 30,000 people suffered hockey related injuries in the United States between 2001 and 2002. Over 18,000 children under the age of 18 suffered injuries according to this study. Hockey is a breeding ground for injury due to the type of surface (ice), equipment used (sticks and blades on skates), the velocity of plays, checks, and collisions, and finally the frequency of fist fights. It is important for coaches, referees, and league officials to keep control of the games and practices to limit the amount of injuries that take place. You can read more about the study at Characteristics of Ice Hockey Injuries in U.S. Emergency Rooms.

January 9, 2008

Advice to Florida Coaches - Get Training . . . Otherwise Children Get Injured

Florida coaches should get training especially when they are responsible for the supervision and guidance of children. Winning and competition are sometimes emphasized over safety and sportsmanship. This mentality can result in serious bodily as well as psychological injuries to children.

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In Connecticut, football coaches were too zealous with their training and conditioning methods. In other to get several members of the team under the maximum weight for a Pop Warner 110 pound division, coaches put the children in garbage bags for drills to increase sweat and weight loss. While the conditioning methods were effective, it landed the coaches in jail for child endangerment.

Supervision and safety of our children are vital to their well being. I have handled numerous cases in which a child has been significantly injured or has died due to poor supervision or negligence maintenance of equipment and property.

Having a safe and healthy child is far more important than qualifying for or winning a game. I suggest that you attend practices with your children and speak with your children about their coaches and training. My daughter plays soccer in a local league. She was at a tournament out of town and had the privilege of playing in the championship match. The other coach told his team of 9 year old girls the following, "Second place is just another way of saying first place losers." I was appalled at such a statement. It really set a poor example for the children. No matter what our children do or win for that matter - we, as parents, should be supportive of our children. Coaches like this should have been shunned by the parents on his team, but parents (like coaches) get that mentality in their head to win at all costs. Well, in my opinion as an attorney and parent, winning is not everything. Safety and well being far outweigh the spoils of victory. You can read more details about the coaches who were busted for being foolish and careless by reading the article, Untrained Coaches Lead to Injuries of Young Athletes.

If your child suffered injuries due to the neglect of a coach or inadequate supervision of a coach, contact David Wolf - Attorney - Wood, Atter & Wolf, P.A. (904) 355-8888.