Florida Child Injury Lawyer Blog

In Central Florida, a toddler drowned in his family's swimming pool a week before his second birthday. The toddler was identified as Maxwell Spears. According to the Gilchrist County Sheriff's Office, Maxwell was unresponsive after his grandfather pulled him out of the pool. The accident happened in an above ground pool, and, investigators say, the child could have walked directly into the pool via a deck connecting the pool to the home.

Maxwell and another friend of his were being watched by Maxwell's father and grandfather at the time the accident occurred. The grandfather was leaving the laundry room of the family home and saw the back door open and Maxwell in the pool. Both the father and grandfather attempted to perform CPR on Maxwell until an ambulance arrived. If you would like to read more about this tragic accident see Toddler drowns in above ground pool.

Pools, in-ground and above ground, hot tubs and beaches are places of fun, excitement and also provide exercise for children. Constant supervision is key when children are around the water. If you would like to read more articles on water-related injuries and children please see:

1. Dangers of Hot Tubs - Children At Risk for Drowning, Death, and Personal Injuries
2. Dangers of Pool Drains - Importance of Strong Laws and Regulations to Protect Children
3. Dangers to Children on Florida Beaches - Truck Runs Over 4 Year Old Child

Florida is a great destination and tourist State. It can be great fun to swim in pools and visit theme parks. Unfortunately, some vacations take a tragic turn especially when there is a serious personal injury to death to a young child. In Clermont (Lake County) Florida, a child reportedly drowned in a hotel pool. The child (Mahki Smith) was 4 years old and was visiting Florida with other family members. The child was discovered in the pool by his grandmother about midnight in the swimming pool of the Bay Resort in Lake County, Florida.

What are the legal rights and responsibilities of the hotel?

What are the legal rights and responsibilities of the family?

What are the legal rights and responsibilities of the child?

There are all valid questions when there is a serious injury or death to the child. Many cases of this nature are evaluated based on the facts and circumstances of the incident. In particular, it would be helpful to know the following:

What pool enclosures or fencing was in place for the hotel?

Was the pool locked at night?

How did the children especially a 4 year old get into the pool area so late at night?

What security measures were in place at the hotel?

Did any surveillance cameras videotape the incident or other portions of the night?

There are dangers in and around every pool and body of water in the State of Florida. The dangers and risks are especially high when there are children present. Safety precautions and supervision are key to keeping children safe in and around pools.

The loss and tragic death will be Mahki Smith will be felt in the family and community. You can read more about this story at Boy from New York Drowns in Lake County Hotel Pool.

Children have a lot more free time to engage in horseplay, activities or sports during their summer vacation and, as a result, emergency room visits increase during the summer months. Many of these accidents, however, are preventable. A release by Rapides Regional Medical Center revealed that last year the hospital treated about 50,000 patients, 14,517 of which were infants, children and teenagers.

The release also stated that the leading cause of death for people between the ages of 1-20 was drowning. Because participation in water activities is higher during the summer months, parents, guardians, babysitters and daycare providers and workers should maintain constant and close supervision. Basic water safety tips include: never leave children unattended around water, children should always wear a life jacket when around water, home swimming pools should be surrounded by a safety fence and all entrances to the pool should be locked and be made inaccessible to children.

Kids also like to ride bikes, skates or skateboard. Therefore, another easy way to prevent common injuries is helmet use. By wearing a helmet a child can decrease their risk of death by 42% and risk of head injury by 62%

All-terrain vehicles are another common contributor to child injury during the summer months. To read more information on the safety hazards presented by ATVs see CBS News Reports on Dangers of Personal Injury to Children from ATV (All Terrain Vehicles).

There are several other types of risks that increase during the summer months. These include but are not limited to trampoline-related injuries, heat exhaustion and hyperthermia. To read an in-depth explanation of these injuries see Summertime Injuries. A great, effective and inexpensive way to prevent these types of injuries is to maintain constant supervision of children - adults, caretakers, daycare providers, babysitters, etc. should always maintain a watchful eye on their children.

In Florida, there are many counties / beaches that allow vehicles to drive on or near the beach. It is a great convenience for beach visitors . . . it also poses a significant danger and risk to children and other visitors to the beach. Tragically, a 4 year old boy (Aiden Patrick) was run over by a truck in New Smyrna, Florida. The incident was reported / investigated by the Florida Highway Patrol (FHP). It was reported that the incident occurred as Aiden was running toward the water. The truck driver did not see the child as the front right tire hit / ran over the unsuspecting little boy. A fun day at the beach transformed itself into a tragedy that will affect the family of the boy, driver, and the community. You can read more about this story at Tragic Death of 4 Year Old Boy in New Smyrna, Florida.

Pedestrian deaths, including those in Florida beaches, make news headlines. Many of which are avoidable with better safety measures in place. Serious consideration should be given to removing vehicles off of Florida beaches. Walking that extra distance to the beach from your car can actually save a life.

Continue reading "Dangers to Children on Florida Beaches - Truck Runs Over 4 Year Old Child" »

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.

Some common household areas may seem harmless to children when these areas pose a real and present danger to the safety of children. Hot tubs are the unfortunate locations for many children across the nation. One sad incident took the life of Christian Cunningham, age 2 1/2, the son of former NFL football star - Randall Cunningham. The risk of drownings is real anytime there is a body of water or even a collection of water around small children. It is well known that children lack good judgment and lack the safety awareness that is so important in and near swimming pools, hot tubs, and other areas. Safety precautions and adult supervision are key to preventing drowning injuries from taking place. It is estimated by the Consumer Product Safety Commission that 70 % of drownings take place even though there is the presence of a parent or both parents nearby. The use of gates, barriers, alarms, and other safety devices save lives and help keep children away from or out of the zone of danger. You can read more about the dangers of hot tubs, swimming pools, and drownings at The Sad Facts and Circumstances of Child Drownings.

A little after 10 PM on Saturday, June 19 the residents of a Jacksonville home found their neighbor's children, ages 3 and 6, unresponsive in their pool. The Jacksonville Fire and Rescue Department transported the children to a nearby hospital where they were pronounced dead. The children were later identified by the Sheriff's Office as Gerard Chinonso Ibeagwa, 6, and Blessing Chinonyesen Ibeagwa, 3.

The home with the pool is located on the 2600 block on Sunrise Ridge Lane, surrounded by a privacy fence and has a security sign on the gate.

The Florida Department of Children and Families is investigating the case for the presence of neglect, said the agency's spokesman John Harrell. DCF investigators are trying to determine whether the children had been left alone, and if so, for how long. To read more about this accident see Two children drown day before Father's Day in Arlington home.

Drowning is the leading cause of death for children ages 1-4. During the summer months backyard or community pools and area beaches are visited more often by children. Parents, caretakers and babysitters should protect children from water-related injuries. Inform children of the dangers about water, keep an eye on children at ALL times, NEVER leave a child unattended in a body of water and teach them how to swim are just some basic safety methods parents and caretakers can use to protect their children. To see more water safety tips see Importance of Water Safety for Children - Tips for Parents, Camp Counselors, Teachers, Day Care Providers and Others.

Drowning-related deaths and other water-related injuries are on the rise during this summer time. Unfortunately, the State of Florida sees its fair share of drowning related deaths and injuries. Some result from the negligence of others including improper supervision and inadequate fencing and barriers. The American Academy of Pediatrics reported that the leading cause of injury-related death in children is drowning. Each year, more than 1,400 children, under the age of 20, drown. Also, it is estimated that for every drowning at least 1-in-4 children suffer a non-fatal injury requiring hospitalization. Non-fatal drowning-related injuries can cause brain damage, long-term disabilities, memory problems, learning disabilities, and permanent loss of brain function.

The two most important preventative measures a parent or caregiver can take is to maintain constant supervision and learn to swim. Parents and caregivers should never, not even for a brief moment, leave a child alone or with another young child in a bathtub, pool, hot tub, spa, kiddie / children pools, near irrigation ditches, ponds, lacks, rivers, creeks, oceans or other open standing water.

An article by HealthNewsDigest.com provided other safety measures a parent or caregiver can take to prevent drowning or other water-related injuries:

1. Children who cannot swim should always wear an approved personal flotation device (PFD) in and around the water.
2. Children should NEVER be left alone in the water.
3. Know the area you and children are swimming in. This includes tides, rip currents, deep and shallow areas and approved diving areas.
4. Do not mix alcohol and drugs with swimming.
5. Do not go swimming in unfavorable conditions such as bad or rough water.
6. Keep a phone nearby at all times to call 9-1-1 in case of an emergency.
7. Enclose pool areas with safety gates and keep lifesaving devices nearby.
8. If a pool is covered, completely remove these covers before swimming.

You can read more about this topic at Water safety tips.

As the temperatures increase during the summer so do crowds at communitym public, residential, and hotel pools. Although pools are a great leisure activity for children, they can be extremely dangerous. Consumer Product Safety Commission reported that the number one cause of accidental death of young children was drowning for the year 2008. In fact, one out of every four deaths involved children younger than 14-years-old. For every fatality, four children are sent to the emergency room for water-related injuries.

The Daytona Beach News-Journal reported safety steps parents could take to protect their children from drowning-related death or injury:

1. Teach the basics:
Instill in your children, at a very young age, to never run or push others at a pool.
Also, teach them to swim in the presence of an adult.

2. Water is dangerous:
Explain to children that being in the water is not all fun and games; they will not
be able to breathe while under water.

3. Install safety devices:
Portable gates and alarms will keep children from wandering into a pool
unattended.

4. Drain covers:
Hair can get sucked and tangled into the drains of pools or hot tubs. Drain covers
prevents this from happening.

5. Purchase Swimming lessons:
Research has shown that the earlier a child receives swimming lessons the less
likely he or she is to suffer from a drowning-related injury.

To read more on this topic see Swimming Pool Safety.

A 3-year-old Nassau County, Florida boy tragically drowned in the St. Mary River on Saturday, June 5. The child was on a camping trip with his family when the horrible event occurred. The father of the child stated that briefly before his son died the boy was wearing a life jacket and playing with other children along the shoreline of the river. Once the father noticed a storm approaching, the father removed the child and his brother from the water, it was at this time when the child’s life jacket was removed by another adult in order to dry off. At the same time, the father received a phone call on his cell phone and distracted him for no more than 2 minutes. However, those brief 120 seconds happened to be enough time for the child to wander back into the water. After searching for about 45 minutes, the father found his child’s body in a shallow area of sandy water. The child was pronounced dead at the hospital.

The father of this young boy gave a strong and important message: “Just watch your kids around the water. Don’t take your eyes off them.”

All parents should heed this father’s advice. Parents, babysitters, day care providers, teachers, camp counselors and others should always be aware of where their children are and their children’s surroundings. It only takes a few seconds, as seen here, for a child to wander off and tragedy occur. If children are in or around areas that are more dangerous than others, like water, parents and adults should take extra preventive measures to protect these children from such dangers. Although this child was wearing a life jacket while in the water, he only had if off for no more than a few minutes before wandered away.

If you would like to read more about this incident see 3-year-old Boy Drowns on Family Camping Trip.

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.

Florida has thousands upon thousands of swimming pools. Many provide hours of great fun for children. Unfortunately, some pools are the site of tragic child personal injuries and even drowning deaths. It was reported that a 2 year old boy drowned in a Volusia County (near Ormond Beach) swimming pool. At the time of the incident, the child was under the care of his uncle and his grandparents. SInce this drowning incident involved a death, an investigation will be conducted by the Volusia County Sheriff's Office and the Medical Examiner's Office. The death of this 2 year old boy is certainly a great loss for the family, neighbors and the community. Due to the number of swimming pools and water ways in Florida, there probably will be other similar incidents reported through the Summer months. You can read more about this story at 2 Year Old Boy Drowning Death - Volusia County (Ormond Beach), Florida.

Swimming pools, water theme parks, and other water ways can be great fun for children over the summer and during warm weather months. These areas can also be areas of great risks and danger for children. It is paramount that child safety is top of mind. Here are some key safety tips to follow:

Supervision. Consistent supervision can and does help avoid personal injuries related to drownings. Supervise your child so that you can your child easily and quickly should there be a problem. Supervision at a great distance can lead to serious problems for the child in need of quick help.

Clothing. Have your child wear bathing suits that are bright in color and that help cover the child to help reduce the amount of sun exposure the child.

Buddy System. Make sure that your child always swims with a buddy and that the buddies have adult supervision when necessary.

For more water safety tips, see Tips to Protect Children Around Water.

In Florida, there are swimming pools in virtually every neighborhood. Each swimming pool is a danger zone to small children and those children who are not strong swimmers. Parents, teachers, summer camp counselors, babysitters, day care providers, and other child care providers should recognize that children have poor safety awareness and judgment especially when it comes to swimming pools, lakes, ponds, and other waterways. Swimming pools are "attractive nuisances" that intrigue children and make them explore further even though they are told not to and even though there may be a lack of parental or adult supervision. In a matter of a few seconds, a child can suffer serious personal injuries and even a tragic death as a result of a drowning incident.

In Orange County, Florida, the Orlando Sentinel recently reported that a child was transported to a hospital after being retrieved from a swimming pool. The incident took place in the Pine Hills area of Orange County. Fire Rescue was dispatched to the area and CPR was performed. The child was later taken to and treated at Arnold Palmer Children's Hospital. See Small Child Rushed to Arnold Palmer Children's Hospital After Being Pulled from Swimming Pool.

A personal injury to a child from a drowning incident is one too many especially if the drowning incident could have been prevented. Make sure to fence and appropriate secure all swimming pool areas.

In Florida and other states with waterways and boaters, safety should be a primary focus for those operating boats, jet skis, and other watercraft. In addition, passengers should also be aware of safety measures that can be taken to help prevent boating accidents and related personal injuries. In Delray Beach, Florida, the Associated Press reported that a Florida boating accident resulted in the death of Christopher Smith (age 31) when he was thrown from a boat that struck a navigational marker in the Intercoastal Waterway. See Bond Set for Boat Operator in Delray Beach, Florida Fatal Boating Accident.

Since there was a crash with resulting death, a full investigation will be conducted. It was reported that none of the passengers on board the vessel were wearing a life jacket. It is uncertain if the wearing of a life jacket would have made a difference as to the injuries and resulting death of the boat passenger.

As Floridians go through Spring and Summer, there will be other boating accidents. Because of the dangers of being in a boat accident or the dangers of a drowning in any of Florida's multitude of waterways, people should take precautions by wearing life jackets, checking and re-checking weather conditions, operating a boat at a safe speed, checking and re-checking engines and mechanical equipment, having other life saving devices onboard, and making sure that there is proper supervision especially for children when boating.

Florida has wonderful theme parks, attractions and beaches. Unfortunately, at times, children suffer injuries while at play. In New Smyrna Beach, Florida, it was reported that a 10 year old girl from Orlando, Florida was

10-year-old Orlando girl bitten by shark at New Smyrna Beach, Florida. Volusia County Beach Patrol responded to the scene. The girl suffered puncture wounds to her right ankle. While the injuries were not life threatening, it was still frightening to know that a child can be bitten by a shark in ankle deep water. You can read more about this story at 10 Year Old Girl Bitten By Shark in New Smyrna Beach, Florida.

In Florida, the Spring and Summer weather bring out boaters and swimmers. With these activities, there are unfortunately reported incidents of drowning personal injuries and drowning deaths. In Hollywood, Florida, it was reported that a 15 year old boy died after a canoe flipped over. The teen and his friend were just 50 yards from shore at the time of the incident. Tragically, the teen did not make it. The other child was able to swim to shore. The body of the 15 year old teen was later located by divers. It was not reported in the story whether or not the teens were wearing life jackets or not. Furthermore, it was not reported what safety measures or supervision was in place at the time of the incident. Drowning deaths like these show how far and dangerous just 50 yards can be for a child or an adult who falls out of a boat, canoe, or other watercraft. See Hollywood, Florida - 15 Year Old Dies After Falling Out of Canoe that Flipped.

In Florida, children have poor safety awareness. As such, it is important for children to have supervision in and around pool areas, playground areas, and clubhouses. I am often asked if a waiver would protect the owner or manager of the pool area, playground area, or clubhouse. This is a relatively simple question. Unfortunately, the answer is more complex. Waivers that allow a person or business to act with negligence that causes injury are often times look upon with disfavor by Courts and juries. As such, some courts have struck down waivers as against public policy. If you own or run a pool, playground area, or clubhouse, a waiver may not been effective in preventing a lawsuit. Furthermore, it is the child's own safety and welfare that is most important. Here are some tips that an owner or manager may want to implement at a pool, clubhouse, or playground:

1. Require adult supervision for all children under a certain age. I would suggest 12, 14, or even 16 as the age requirement.

2. Post signs, bulletins, and e mails to announce and implement the policy.

3. Enforce the rule with consistency. A rule with no enforcement is like having no rule at all.

4. Prevent or limit access to children unless the age requirements are met.

Pools should be supervised with more stringent standards. Barriers, pool fences, and locks should be used to prevent entry of young children into pool areas. When possible, a lifeguard should be posted at the pool.

The use of a liability waiver may not be an effective way to prevent a lawsuit or liability. Furthermore and more importantly, a liability waiver will not prevent a child from serious personal injuries or death. Implement reasonable rules and provide supervision when possible to help prevent injuries to children.

Florida has beautiful weather and virtual year round boating and swimming. Because of the weather and access to waters of the ocean, rivers, lakes, ponds, and pools, there is plenty of risk to children and those who do not know how to swim. In an effort to educate parent, child care givers, teachers, and others, the Bonita Springs (Florida) Fire Control and Rescue District published a safety packet that includes a CPR Instruction Sheet, Expert Water Safety Tips, and a Safety Survey.

The Bonita Springs Fire Control and Rescue District personnel would certainly rather educate residents than respond to a tragedy. Safety precautions are paramount for children near any area of water. A drowning can happen in a matter of minutes and can take place in a mere inches of water. You can read more about the Bonita Springs Fire Control and Rescue District efforts at Safety Packet to Promote Water Safety.

Warm sunny spring weather meant that Daytona Beach Florida was packed with beachgoers last Saturday. Ellie Bland, a four year old girl visiting Florida from England, was enjoying the weather with her family as she walked along the beach in front of Sun Splash Park, holding her uncle’s hand. But the day turned tragic when she was struck by a Lincoln Towncar driven by Barbara Worley, who was visiting Florida from Georgia.

According to witnesses, Worley initially struck Ellie, knocking her down. When onlookers alerted her that she had hit the child, she panicked and stepped on the accelerator instead of the brakes, causing the vehicle to drive over the girl. A Volusia County spokesman said that she was killed instantly.

The Florida Highway Patrol has been very busy interviewing at least seventeen eye-witnesses and is carefully considering whether to bring charges against Worley. Cars are allowed on the beach and Worley was reportedly driving below the posted 10 miles per hour speed limit. A spokeswoman for the Florida Highway Patrol said that even though cars are allowed on the beach, accidents are very rare. She could not remember the last time a pedestrian was hit by a car on Daytona Beach.

Read more details of about the little English girl killed after being struck by a car on a Florida beach at Tributes to Nottingham girl killed on Daytona Beach.