In Jacksonville, Florida and other cities, drivers should be on the look out for pedestrians and bicyclists especially those who are young children. Drivers should slow down in school zones, residential areas, crosswalks, and anywhere else there may be a child pedestrian or child bicyclist. It should be noted that Florida is a comparative fault state. As such, the injured child and / or parents of an injured child can bring a legal action for personal injuries or wrongful death even if the child may have been partially at fault for the incident or accident. It should also be noted that children under the age of 6 years old cannot be held to be negligent or at fault as a matter of law in the State of Florida.
A recent tragedy was reported in Jacksonville, Florida. It was reported that a child was hit by a vehicle while attempting to cross a street with other children at the intersection of A1A and the Wonderwood Connector in Mayport – Jacksonville Florida. It was reported by the local media that the driver continued through the intersection on a yellow light. It was also reported that the child, who ultimately died as a result of the pedestrian – vehicle accident related personal injuries, was in the sixth grade. You can read more about this story at Boy Hit While Crossing the Street in Jacksonville, Florida (Mayport).
The wrongful death of a child has a ripple effect through the family, neighborhood, school, and community. It is heartbreaking for the parents and extended family. It is extremely upsetting for the school. It can be quite a bewildering experience to have a friend / classmate sit in front of a student one day and then never to return because of a tragic pedestrian accident.
316.2065 (9) A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.
As such, a bicyclist is essentially considered a pedestrian when operating a bicycle on a sidewalk and crosswalk. It is important for all drivers to be on the look out for bicyclists in the community whether the bicyclist / cyclist is a toddler, child, teen, adult, or competitive cyclist of any age. Florida weather permits bicycle riding year round. As such, drivers should always be on the lookout for cyclist at all times. Unfortunately, far too many bicyclist are injured every year due to the negligent driving of others and / or distracted driving of others.
In the State of Florida and across the nation, one of the leading causes of death for small children, and especially toddlers, is drowning. In Florida, there are private residential swimming pools, public swimming pools, and hotel/motel/resort swimming pools in just about every community. It is important for property owners, business owners, home owners, and government entity to properly safeguard the swimming pool and aquatic area for the protection of children. It is well known and expected that a child, especially one of tender years, under the age of 5 years old, to be curious and inquisitive about interesting areas and what is deemed under Florida Law to be an “attractive nuisance.”
Unfortunately and tragically, there are reports of drowning incidents every summer, spring and the rest of the year in Florida. Many such incidents are preventable with the proper implementation and maintenance of swimming pool fences and barriers, swimming pool alarms, proper adult supervision, proper lifesaving equipment, and the posting of trained and attentive life guards when appropriate. When a child suffers personal injury or dies as a result of a drowning incident there may be a case or claim to pursue on behalf of the child and the family. To establish a legal claim r case, there must be proof and evidence of the following four elements:
In Florida, swimming, boating, and aquatic activities are essentially year round activities. This is especially true during the spring and summer seasons. According to the Center for Disease Control and Prevention, 10 people die every day from drowning related incidents. Children under the age of 14 account for 2 out of the 10 deaths. It is reported that drowning is the 5th leading cause of unintentional deaths in the United States.
During the holiday season and all other times of year, it is important for parents, schools, and day care centers to be aware of the dangers that some toys cause to children. If a child is injured by the use, play, or contact with a toy, the owner of the home, day care center, or school may be held liable if there was an issue with the supervision of the child, if the toy at issue was known to be dangerous, or if the toy was inappropriate for the age and maturity of the child.
Federal safety standards are put in place in an effort to reduce the risk of injuries to children from toys. Even with these standards in place, it is estimated that every three minutes a child is injured by a toy and makes a trip to the emergency room. This equates to approximately 250,000 children going to the emergency room in 2013 alone. In addition, the U.S. Consumer Protection Safety Commission estimated roughly nine children died in 2013 from toy related injuries.
With internet shopping becoming more prevalent, more and more parents are purchasing toys online. A problem with online shopping is that parents are unable to physically view the toys for safety issues and are often unable to read all of the warnings printed on the package. Without the ability to physically see the toy to locate unknown dangers or to read all warnings, parents may be purchasing toys that are not fit for the age and maturity of their child. A lack of knowledge regarding the safety of a toy can lead to serious injuries to children.