Articles Tagged with Florida Child Injury Lawyer

School Zone - Pedestrian AccidentIn Florida and other states during the school year, there is a common danger in and around schools.  Student pedestrians who walk to school or who are walking near a school are at risk for being hit, injured, and even killed.  Disturbingly, student pedestrians are hit far too often while doing someone we, as parents, encourage them to do – attend school.   It should be noted the Florida is a Comparative Fault state.  In other words, the negligence or fault for the incident does not have to fall 100 % on any particular person or party in order to pursue a case or claim on behalf of the injured student.  When a student / child is hit and suffers injuries or dies as a result of the incident, there can be a cause of action or case pursued on behalf of the injured child.  
When a child suffers a serious personal injury or dies as a result of the incident, there is a full incident report / police report completed as to the cause and preventability of the incident, injuries, and / or death.  It should also be noted that the conclusions of the investigating officer is not binding on a civil case or claim.  While it is helpful to the pursuit of the case or claim if the police officer cites the driver for the cause and fault of the pedestrian incident, such a finding or citation is not necessary to pursue a case or claim on behalf of the injured child or on behalf of the surviving parents of the child who tragically dies as a result of a pedestrian accident or incident.
Florida has laws in place for drivers and pedestrians alike as to the use of crosswalks, schools zones, speed limits, etc . . . Here is a link to read Section 316.130, Florida Statutes – Pedestrians and Traffic Regulations has the applicable rules and regulations for crosswalks.

Resort Florida Liability and NegligenceIn Florida and other states, children are welcomed as guests at hotels, motels, and resorts. There are a few vacation areas that are adult guests only; however, the vast majority of these locations are family oriented and set up in many ways to provide for the guests who are children.  Rooms and areas of the resort are constructed and designed just for children.   Because children are welcomed as guests, the hotel / resort staff and management should maintain the facility and activities at the facility in a way to takes into account the safety of children.  It is well know that children lack good safety awareness and judgment.  Because of this, attractive nuisances should be kept at a minimum or at least secured in a way that a child cannot go inside a dangerous area without proper access and adult supervision. Take for example, a swimming pool or aquatics area.   Proper fencing, enclosures, and alarms should be in place so that a child, especially toddlers, do not have access to or wander into the area.  Like other personal injury cases, the following elements must be established:
1. Duty;
2. Breach of Duty;

Alligator Warning.001
By David Wolf, Child Injury Lawyer
The State of Florida is a tourist destination for millions of visitors every year. In Florida, we have beaches, resorts, theme parks, water parks, lakes, rivers, ponds, lagoons, and a number of alligators.  Certainly, personal injuries caused by an automobile accident are far more common than personal injuries caused by an alligator attack.  As such, there are literally thousands of appellate cases and rulings associated with personal injuries and automobile accidents.  On the other hand, the laws and appellate cases associated with alligator attacks are quite sparse.  A recent incident at Walt Disney World Orlando made national headline news.  Unfortunately, it focused media attention in the State of Florida and Orlando for a tragedy rather than any kind of celebration.  More importantly and more tragically, a Nebraska family, who innocently was just trying to enjoy the “Magic” of Walt Disney World Orlando, will be heading home with one less family member who was attacked and dragged away by an alligator at the Seven Seas Lagoon.
In Palumbo v. State Game & Fresh Water Fish Commission, 487 So.2d 352 (Fla. 1st D.C.A. 1986), a personal injury victim (Christopher Palumbo) sought the review of a trial court order granting summary judgment for the defendant – the State of Florida. In other words, the trial court threw out the personal injury victim’s case.  The trial court ruled that the evidence, when considered in the light most favorable to the injury victim, was insufficient to support a claim or case for negligence against the State of Florida.  Mr. Palumbo was injured at the University of Florida – Lake Wauberg Recreational Park. He noticed that a boat had capsized.  Mr Palumbo decided to swim out to the boat to help the boaters with a repair.  As he was swimming towards the boat, Mr. Palumbo was attacked by an alligator and he was injured.   Mr. Palumbo later filed a lawsuit against the State of Florida Game and Fresh Water Commission.  The trial court threw out the case and determined that the State of Florida was not required to fence and was not required to otherwise keep alligators out of the area.  The trial court further noted that Mr. Palumbo disregarded warning signs that were posted at the recreational park / facility.  The First District Court of Appeal affirmed the rulings of the trial court.  The First District Court of Appeal noted that the State of Florida did not have a duty to guard the visitor against harm from an alligator unless the alligator was reduced to the possession of the State of Florida or the alligator was not indigenous to the locality.  The First District Court of Appeal further noted that Mr. Palumbo ignored clear warning signs at the facility which, in turn, was the sole proximate cause of his personal injuries.  In addition to “No Swimming” signs posted at the recreational park, there were a variety of signs warning of and referencing the presence of alligators in the area including one sign that read “Unlawful to Feed Alligators” and another sign that read “Don’t Feed or Molest . . . “ with a large graphic of an alligator on it.  In the Palumbo case, there were clear warning signs of alligators in the area which appeared to be an important part of the rulings of the trial court and the appellate court.

orlando-vector-doodle_GJ7pbFLO_LWalt Disney World Orlando advertises itself as one of the “Happiest Places on Earth”.  For millions of visitors every year, it is quite a happy and joyful place filled with rides, cartoon characters, and adventures; however, for many children and their families, Walt Disney World Orlando happens to be a placed filled with horrific memories, significant personal injuries, tragedy, and even the untimely and wrongful death of a visitor from children to teens to adults. Certainly, Walt Disney World Orlando welcomes children and families to its many theme parks, attractions, resorts, and hotels.  As such, it is important that Walt Disney World Orlando provide a safe and well maintained environment with the full knowledge that every day families and young children will be on the premises.   This duty extends to all areas of the park and resorts including but not limited to the attractions, rides, restaurants, hotels, lobby areas, swimming pool areas, recreation areas, and yes, the other aquatic areas whether man-made or natural in the form of lakes, ponds, canals, lagoons, and other areas.   It is incumbent upon Walt Disney World Orlando to patrol the areas, maintain the areas, clean up the areas, and post prominent signage about potential dangers that may include those related to electrical and wildlife.  If an area has the potential for significant injury or death, this particular area should either be closed off, modified, and / or posted with prominent signage.

A recent incident at Walt Disney World Orlando left a family and community in shock when an alligator from the Seven Seas Lagoon lunged out of the water and grabbed a 2 year old who was standing in or near the water with his father.  The boy, who was vacationing with his family from Nebraska, was attacked by the alligator.  While the father tried to do his best to stop the attack and save his son, he was unable to do so.  It was reported that there were signs in the area that advised visitors about the designation of a “No Swimming” area.  There may not have been any warnings or signage about the presence of dangerous wildlife including but not limited to alligators.  Certainly, this incident was and is a complete and utter nightmare for the family visiting the “Magic Kingdom” from Nebraska.  The incident was immediately reported to Walt Disney World Orlando officials, resort staff and management, local law enforcement, and Florida Wildlife Law Enforcement officers.  You can read more about this tragedy at KETV Omaha, Nebraska – Alligator Attacks and Drags 2 Year Old Nebraska Boy at Walt Disney World Orland Resort – Seven Seas Lagoon. 

The injury and / or wrongful of a child is a harrowing experience.  Certainly, as parents, we work day and night to provide for our children’s safety, health, and welfare.  When a child is injured or when a child dies as a result of the negligence of another person, business entity, or government entity, a parent is faced with a number of life, medical, and legal challenges. Certainly, it is important that these trying times to be supported by family members, friends, community, medical professionals, clergy, community, and, yes, when necessary an experienced and caring Florida Child Injury Lawyer.  Big businesses are supported day / night by in-house and retained legal counsel essentially on a 24 / 7 basis. There are risk management and insurance risk management adjuster in place to advise and protect the companies.  As such, injury victims and their families also deserve legal representation to make that legal rights are protected, enforced, and preserved as needed especially in the aftermath of significant personal injuries and /or wrongful death.

Kids Wooden Blocks Spelling Mom And Dad As Symbol for Parenthood

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.

mle_1935a-022614-calGun ownership is protected by the Second Amendment.  Certainly, there is a strong history and constitutional right to gun ownership in Florida and the United States.  With this right, there are also the responsibility of sensible and reasonable ownership and safety especially when children are present in a home or a location where guns are owned, maintained, and stored.   A homeowner / gun owner can be held liable for leaving a gun in a place or location that is accessible to a young child.   It is well known that children especially toddlers, preschoolers, and elementary school children are curious and do not always recognize the danger of touching or handling a gun.  Civil or legal responsibility for injuries or the death of a young child does not in any way abrogate or curtail gun ownership or rights.  Like driving an automobile or running an amusement park right, there must be responsible maintenance and operation surrounding the potentially dangerous activity.

An Arkansas woman was recently charged after her six year old nephew shot and killed himself with a gun she owned. The young boy was waiting in a car while the woman was in a nearby residence. The accidental death lead to the woman being charged with manslaughter. She was charged criminally because she was  alleged to be negligent or careless for keeping the gun in a place accessible to the young boy. With such a tragic event, this particular incident and others are wake up calls for all gun owners and homeowners to be responsible any time that guns and children are present in the same location.

Gun related injuries can happen to a child of any age. In fact, toddlers, aged two or three, are strong enough to pull the trigger of a loaded gun. Often, these toddlers are too young to understand what a gun is and the danger that it poses. Coupled with the fact that one in three children live in a home with a gun, this is all the more reason to practice proper gun safety.

School Bus CrashWhen a child is injured as a result of a school bus accident, there are often questions and challenges for a parent as it pertains tomedical care for the accident related injuries. A parent may think that a school bus or school district would automatically pay for the medical bills and provide for medical care if the accident or crash was the fault of the school bus driver. While this may seem to be reasonable and full of common sense, school bus companies and the related insurance companies do not automatically go into gear to provide for or pay the medical bills for the injured child. As such, a parent must often make arrangements on his or her own to get the child appropriately evaluated and treated. Here is a list of medical providers who may provide care following a school bus accident:
Pediatrician or Primary Care Doctor. The pediatrician or primary care doctor may be appropriate for medical care following an automobile accident if the injuries seem relatively minor and do not require much in the way of follow-up.
Emergency Room. If the child needs immediate medical care and there appears to be signs and symptoms of trauma related head injuries, back injuries, injuries to the extremities, internal injuries,  etc. . . the parent should take immediate action to get the child properly stabilized and evaluated at the emergency room. Many cities, especially the larger ones, have emergency room and hospitals that special specialize in the care of children. If such a facility is available, parents should take child to a pediatric emergency room or trauma center. Typically, a pediatric specialist the best position to have the best training in order to provide the proper evaluation and treatment of children following the school bus accident.

First Aid Kit - Child InjuryOver the summer and other times of year, children can spend hours of time enjoying the fun and activity in a bounce house.   It should be noted that with any bounce house activity or similar activity – a child could suffer injuries through no fault of the property owner, management company, or owner / renter of the bounce house.  Injuries happen; however, it should also be noted that many bounce house related activities result from a lack of proper set up and / or a lack of proper adult supervision. Let’s discuss an example.  Let’s say a homeowner rents a bounce house.  The homeowner’s four year old and his friend (also 4 years old) are playing in the bounce house.  The homeowner decides to leave the children alone to cook a meal and check on some e-mails.  While the boys are outside in the bounce house, another child, who is 12 years old and much larger than the other children, visits the home and bounces in the bounce house with the 4 year old boys.   The 12 year old is doing a back flip and lands on the 4 year old child who was visiting the home.   The boy suffers a fractured leg and is treated at a local emergency room and later by an orthopedic surgeon.   Under this general fact scenario, there would be a case or claim to pursue against the homeowner for failure to supervise the children.  Had the homeowner been properly supervising the bounce house area, the 12 year old would be been kept out of the bounce house until the 4 year old boys needed a break and then the 12 year old boy – who had visited the home on many occasions and was a friend of the family – could have safely used the bounce house on his owner.   Like other personal injury cases, there are essentially four elements to establish a claim or case against a homeowner for negligence:
1. Duty;
 
2. Breach of Duty;

Personal Injury ClaimsPlaygrounds are places where children can explore and interact with their friends. On most days and for most children, a playground is a wonderful for a child to be active and use his or her imagination while having fun with friends.  . Unfortunately for some children, a playground can be the site of a serious personal injury. If the injury results from the improper maintenance of the playground AND / OR the improper supervision by child care provider, friend,  neighbor, or relative, there could be a plate case or claim pursued on behalf of the injured child.As a Florida Child Injury Lawyer handling cases throughout the State Florida, the issue of damages is present in every case.  Essentially, what is a case worth? What should the settlement value be?  Should the case proceed to trial?  These are excellent and common questions.
It should be noted that thereare essentially two parts of each personal injury case whether the incident involves a playground injury, day care center abuse / neglect, or an automobile accident.  The two major parts of each personal injury cases on behalf of the injured are as follows:
1. Liability; and

Ambulance on Blue BackgroundFlorida roads, highways, and streets are far too often the locations of tragic automobile and trucking accidents.  Whenever there is a death on Florida roadways, the lives of surviving family members, friends, and neighbors are forever changed. There is a certain ripple effect from the death of even one person who untimely dies as a result of the careless driving of another person.   In Green Cove Springs (Clay County), Florida, there was a tragic accident reported in which 5 people died and 2 children were injured.  The Florida Highway Patrol reported that one driver drove over the double yellow lines and into the right of way of the there driver.  A fatal head on accident resulted with just tragic results. You can read more about this story at Fatal Accident Reported in Green Cove Springs, Florida. 
When a death is caused by the negligence or fault of another person, entity, or business in Florida, a wrongful death case can be pursued under Chapter 768, Florida Statutes.  It should be noted that when a person dies in the State of Florida, the civil lawsuit focuses on the loss, pain, and suffering on the surviving family member which may include a parent, child, or both.   Certainly, a person who dies as a result of an accident may have suffered extreme pain prior to death. There may have been an extended hospitalization leading to death.  However, once the person dies, the type of case that is pursued is a Florida Wrongful Death case assuming that the death was proximately caused by the trauma from the automobile accident or trucking accident. 
There are many twists and turns to the pursuit of a Florida Wrongful Death Case.  Because of this, it makes sense for family members to consult a Florida Personal Injury Attorney for advice, consultation, and legal representation.  The book titled – When a Parent’s World Goes From Full to Empty – The Wrongful Death of a Child – What You Need to Know About the Florida Wrongful Death Act.  The book has sections on Personal Representative, Settlement / Compensation, Damages, and other topics. You can get this book for free at From Full to Empty