Articles Tagged with florida child injury attorney

Kids Wooden Blocks Spelling Mom And Dad As Symbol for Parenthood
In the State of Florida, corporal punishment is prohibited in day care centers.  There are strong public policy and safety reasons for having such a law in place.  It does not matter that the teacher of the day care center was subjected to corporal punishment as part of his or her upbringing.  Furthermore, a parent cannot and should consent to the imposition of corporal punishment at a day care center since it is against the law.   Toddlers and small children should learn by instruction and restrictions that DO NOT involve physical harm, pinching, punching, withholding of food, false imprisonment, or other acts that are neglectful and / or malicious in manner.   Because of this, it is important that Florida day care centers are staffed with trained and caring individuals who have the personality, patience, and maturity to deal with the stresses and demands of the job.  Certainly, it is challenging to be a day care center worker or child care provider.   When the stress intensifies, the day care worker / child care worker should step back and assess or reassess his or her current actions, his or next actions, and the rest of the day.

In Quincy, Florida, it was reported that a day care center worker at All My Children Learning Center is facing criminal charges of battery and cruelty to a child.  It was reported that a day care center teacher pinched a 4 year old child under her care to the point that the child was bruised and needed medical attention.
There may be a number of legal cases that result from corporal punishment cases or incidents including the following:

Very High Scorching Temperature Shown On A Big Thermostat

Hot Cars – Risks to Children

In Florida and other states, the heat during the summer months as well as other times of the year present a constant danger to children being transported by day care centers, summer camp, schools, parents, relatives, and friends.  It is vital that children are removed from a vehicle when the destination is reached.  A quick run in to the dry cleaners, school, convenience store, and other locations can result in serious personal injuries and even death to a child left behind.   For this article, the focus is heat related complications and illnesses; however, a child, who is left alone, in a vehicle can choke on small object, get his or her head caught in a power windows, become entangled or even strangulated by a seat belt, mobile phone wire, or other object, and otherwise get injured or harmed in other ways.  It is important that all hazards are removed form the vehicle and that a child is never – ever left unattended in a vehicle.   The safety of the child should always take priority over the convenience of the driver or adult supervisors.   In this day and age, we just have too many distractions in place that take our attention away from what is the most important job at hand – the proper supervision of children.   Here are some tips to keep in mind and use when transporting children.  Following these and other safety measures can save a child from the harm or injury associated with heat exposure.

*Never ever leave a child unattended in a vehicle;

Bicycle - Child InjuryIn Florida as well as other states, it is still common to read about children being injured in bicycle accidents with motor vehicles.  Let’s face it – a bicycle is no match for a vehicle of any size.  When a child is hit while riding a bicycle, tricycle, or riding toy, there can be significant personal injuries and, in some instances, the tragic death of a child.  It is important for drivers of all ages to slow down any time that there are children in the area whether they are pedestrians or bicycle riders.  It should also be noted that children have poor safety awareness.  As such, a driver should be on the alert for any sudden or unsafe actions by the children in the area.
When a child is injured as a result of the negligence or carelessness of a driver, there are many issues and challenges faced by the parents and the injured child.   Who is going to pay for the medical bills? Is a parent’s wage loss a covered expense under insurance policies? Where can the child get follow up care and treatment if there is no health insurance or Medicaid?  What insurance is required for the at-fault driver?  What insurance is required for the at-fault vehicle owner?  When can a child get the compensation he or she deserved for the accident related personal injuries?   Are there any restrictions when dealing with the settlement on behalf of a minor child?  These are just a few questions of many that arise in these situations.  Because of the complexity of these cases and the importance of acting in the best interests of the injured child, a parent should seek out legal representation from a Florida Child Injury Lawyer  for advice, guidance, and, yes, legal representation.
A crash or accident can take place at any time of the day and at any location.   A child could get run over or hit in a driveway, near a park, and even while just casually walking on or riding on a sidewalk.   In Florida, there is a concept called the Dangerous Instrumentality Law.  This means that the owner of a vehicle is liable for the injuries caused by an automobile / bicycle accident if the owner consented to the driver’s use of the vehicle. There can be implied consent and there can be express consent.

Pedestrian Crossing Sign - Child SafetyIn the State of Florida, there are duties on the part of the pedestrian and duties on the part of the driver.  Florida has adopted a comparative fault set of laws.  This means that a pedestrian can pursue a case or cause of action even if the pedestrian was partially at fault.   Furthermore, there still can a cae or claim pursued on behalf of an injured child pedestrian or the family of a child pedestrian who died as a result of the pedestrian / automobile accident.  Of course, pedestrians should only cross in crosswalks and when the pedestrian signal is green and it is otherwise clear and safe to cross the street; however, in life, this does not always happen.  If a driver sees a pedestrian cross the street, the driver should do everyhing within his or her abilitiies to try to avoid hitting and / or running over the pedestrian.  Just because a pedestrian is jaywalking or otherwise cross at a place and time when it is unsafe to, there are still duties and responsibilities on the part of the driver to slow down and when necessary – take evasive action.
If a child is injured as a result of the negligent or careless driving of another person, a case or claim can be pursued for the following types of damages:
Past Medical Bills;

106-1113tm-vector2-2936Trampolines can provide hours of enjoyment and exercise to children.  Unfortunate, a trampoline can also be the site or location of a serious personal injury to a child.   There are three major reasons why children are injured while playing on a trampoline:
1.  Improper Maintenance / Repair of the Trampoline.
There are far too many homeowners, summer camps, schools, and day care centers with trampolines that are older and / or without proper safety measures and equipment.   Many trampolines lack side netting and barriers.  Alternatively, the side netting or barrier is in place but in disrepair.  There are also trampolines in use and available for play with issues with the legs or footing of the trampoline.  Some have missing springs and holes in certain areas.   When a trampoline is not properly maintained, children can be harmed even during simple light use.