Florida Child Injury Lawyer Blog

Organized, school sports are just around the corner. It is our job as parents, coaches, teachers, guardians, etc. to ensure are children are in good health in order to reduce the risk or injury. According to Dr. Peter Indelicato, chief of the division of sports medicine in the University of Florida College of Medicine's orthopedics department, the best way to keep children in the game for life is to warn young athletes and their parents to play it safe.

Youth sports-related injuries are reaching all-time high numbers. And, among middle and high school students the main cause of injury is overuse. The most common injuries in young athletes typically include strains, sprains and bruising.

Any young person interested in playing sports needs to have a physical examination before he or she is certified to play. The exam is a good time for parents and the young athlete to ask about any specific issues related to potential injuries.

Parents should also educate themselves of who will be educating and coaching their children, understand their child's school policy regarding sports-related injuries and the coaches educational background and certification. If you would like to read more on this topic see Keep children safe during organized sports.

Child safety advocates and parents are upset with the Consumer Product Safety Commission's position regarding pool and hot tub safety involving drains. The Virginia Graeme Baker Pool and Spa Safety Act was enacted in 2007. This law required that public hot tubs and pools have drain covers and a back up system in place if the drain has an obstruction in place. The CPSC has interpreted this law to eliminate the need or requirement for a back up system. By having a back up mechanical system in place, suction related personal injuries and deaths to children can be prevented.

Some suction or drain related deaths have resulted right before the very eyes of parents who were rendered helpless by the mechanics, force, and physics of the situation. Safety measures are vital to protecting children in swimming pools and spas. While supervision is a key element to child safety, construction and mechanical standards are very important as well. You can read more about this story at Swimming Pool and Spa Safety Advocates Upset with CPSC Interpretation of Safety Standards.

Two children were injured in Destin, Florida after a line broke on a parasail. At the time of the incident, the parasail boat was being towed in due to bad weather. The children sustained minor injured and were taken to a hospital in Pensacola, Florida. The incident is being investigated to determine if charges will be brought.

An accident like this raises many legal issues:

What was the business's procedures for bad weather?

Should the children have been taken down from the parasail at the first sight of bad weather?

Who is liable for the injury? The children's medical bills?

Parents and child supervisors should always be concerned with the safety of their children. Watersports are very popular during this time year and although watersports like parasailing, sailing, scuba diving, snorkeling, and water skiing may be fun there are still dangers involved. Many watersport businesses will have an adult or guardian sign an injury waiver for the child. It is important to read the waiver and ask for a copy so you are knowledgeable about what rights you as an adult or guardian have waived. In some circumstances the injuries waived are different than the ones sustained and you may still have a valid claim. Furthermore, Florida Courts have frowned upon release waivers that are against public policy. Recreational areas and businesses have a duty to act reasonably and to provide safety measures and devices to children. The failure to do so cannot and should not be excused by the signing of an overbroad and often times unenforceable "waiver".

A personal injury lawyer will be able to guide you on these questions and issues.

To read more about this see Child Injured in Parasail Accident.

According to The Children's Hospital Trauma Center, there are some main causes for traumatic related accidents or personal injuries to children. These include the following: automobile accidents, non-accidental traumatic accidents, bicucle accidents, and pedestrian accidents. Many accidents (while unexpected) can be prevented with better supervision by adults and more attentiveness by drivers and others.

The Children's Hospital, in addition to collecting statistics for the incidents of injuries, provided helpful tips for avoiding such accidents and incidents. The tips included the following: wear a helmet when skateboarding and bicycling, have a first aid kit available, talk to your kids about safety, talk to your children about the dangers of drugs and alcohol, and other helpful tips. See Preventing Unintended Injury Before It Happens.

In Florida, children engage in sports activities every day. There are thousands of dedicated coaches and volunteers in youth sports in Florida. These coaches provide hours of instruction, coaching, and mentoring to children every week. The majority of coaches are caring individuals who have the child's best interest in mind. There are some coaches out there who prey on children or otherwise ignore the needs and best interests of children. In some cases, the child suffers serious personal injuries as well as psychological injuries when a coach fails to provide adequate supervision or when the coach himself or herself actually preys on the child and engaging in illegal and inappropriate sexual molestation and assault of the child.

In Osceola County, Florida, a martial arts instructor (John Durinick) is accused of molesting / assaulting / raping a former student. Mr. Durinick was arrested on charges involving a 14 year old girl. The allegations are that Durinick attacked the girl at the John Emmons Tae Kwon Do Martial Arts Studio in 2008. This case is interesting in that the accusations are against a person trained and skilled in subduing another person. Mr. Durinick will be entitled to defend himself against these criminal accusations by a Florida criminal defense lawyer / attorney. Prosecutors and the public defender / private criminal defense counsel will argue over the testimony and evidence presented on this matter. See Former Osceola martial-arts instructor accused of raping 14-year-old girl.

While background checks would not prevent every incidents from happening, background checks are a valuable action to take to insure that those with a known criminal history are kept away from children. It is also important for parents to attend all practices and games / matches of their children. Of course, this is not practical for every parent or every practice; however, active parent participation can help prevent incidents from taking place.

Coaches have a duty to protect and mentor children. Government entities, sports organizations, and businesses engaged in youth sporting activities have a duty to hire competent coaches and properly supervise the coaches. Competition is great and playing a sport can be great fun. All parents and coaches should keep in mind that safety is the most important part of youth sports.

In Florida and other States, children play organized sports throughout the year. Our great weather and facilities make Florida a haven of sorts for children who want to play sports. Go to any Florida community and you will find children playing football, baseball, basketball, soccer, softball, volleyball, lacrosse, golf and other sports. According to a report released by Safe Kids USA, there are more than 30 million children who participate in sports every year. With this vast number of children engaged in sports, there millions of injuries every year that are related to sports. In particular, there are approximately 3.5 million injured children who seek medical attention every year. There are some basic tips that a parent can follow that can help avoid a sports injury or lessen the impact of a sports injury. These include the following:

1. Have your child play different sports
Playing different sports through the year may help avoid the overuse of a body part. For instance, it may be a good idea to play tennis part of the year and soccer for the other part of the year.

2. Keep Your Son or Daughter Off the Field / Court if He or She Has Pain
According to doctors, playing through pain means that the body has not healed or the underlying problem is still in place. When possible, rest your child to give his or her body a chance to heal.

3. Know the Recommended Limits for the Particular Sport
Recommended limits are in place for baseball and other sports. A child should throw only so many balls or pitches. Overuse injuries in children are common and can be avoided with reasonable limitations being put in place by parents and coaches.

4. Find Out About the Coach's Experience, Philosophy, and Medical Training as They Pertain to Injuries
It probably is not in a child's best health or medical interest to be paired with a coach who believes that winning takes precedence over everything else. A coach should be there for the best interest of the child and to promote the child's well being rather than promote a win at all cost philosophy.

5. Read Up and Be Familiar with Common Injuries Associated with the Sport
It is helpful for parents to be aware of the injuries that are often seen with a particular sport. For instance, there can be elbow and shoulder injuries associated with tennis, shin splints associated and running, and head injuries associated with football and soccer. Parents should diligently attend practices and games to keep an eye on their children to make sure that there are no health problems that are affecting the child. Getting medical attention for a health concern or injury early can make a big difference for a child suffering a sports related injuries.

You can read more about this topic at Ways to Help Your Child Avoid Sports Related Injuries.

Holidays are a time for family run, recreation, and sports. . . . They are also a time in which child suffer injuries ranging from minor child personal injuries (cuts, scratches, and minor bruises) to significant child personal injuries (fractures, brain injury, and death). A study completed by the Center for Injury Research and Policy at Nationwide Children's Hospital in Columbus, Ohio studied data from approximately 100 emergency room departments to determine the number and frequency of injuries resulting in emergency room treatment during holiday time periods. The study reported 5.7 million child holiday related injuries during the time period from 1997 - 2006. You can read more about this study at Labor Day Tops List of Holiday Related Child Personal Injuries.

When children are out of school or formal supervised activities, parents should be diligent in their supervision of children. It is well known that many children lack safety awareness and often times have poor safety judgment when engaged in recreational and sports activities.

While not all child personal injuries can be avoided since accidents do happen, we should all do all part to supervise children and step in when there is a potentially dangerous situation or activity engaged in by children.

Florida lawmakers are supporting a bill that would address the validity of waiver of liability forms for children engaged in recreational, sports, and other activities. An important amendment to the bill would still allow a parent to file a lawsuit against the business if there was negligence on the part of the business. It appears that the bill as proposed would only apply to the inherent dangers of the activity rather than injuries suffered as a result of poor supervision, inadequate maintenance, or other negligence. You can read more about this bill at Lawmakers Considering Bill Regarding Liability Waivers for Children.

In Florida and other States, millions of children participate in organized sports. Children play in team sports like basketball, baseball, football, soccer, or lacrosse. Children play in individual sports as well like tennis, golf, and bowling. While there are many health and social benefits to playing in sports, there are also some health and safety risks. While not all injuries can be avoided in sports or life for that matter, many injuries can be avoided with proper training, instruction, and supervision. The risks probably rise with age and the competitive nature of the sport. It was reported by the National Athletic Trainers' Association that over 700,000 high school sport related injuries are reported every year. On a daily basis, there are 8,000 children seen, evaluated and treated in emergency rooms.

March is designated as National Athletic Training Month. It is important for NATA and other child safety advocates to get the message out about safety and sports. Parents should do their part to work with their children, coaches, and schools to help promote the safety and welfare of children engaged in sports. You can read more about children and sports related injuries at Safety - A Priority for Children Participating in Sports.

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.