Florida Child Injury Law Blog

Archive for January, 2010

 Every year there are tens of thousands of serious accidents related to All-Terrain Vehicles.  Safety should be of utmost importance to all drivers, but especially to those children under the age of 16.  Make sure you understand state by state regulations that apply in terms of children’s operating restrictions.

 The following is a list of safety tips from the US Product Safety Commission:

• Children and young people under the age of 16 should not ride adult ATVs.
• All ATV users should take a hands-on safety training course.
• Always wear a helmet and safety gear such as boots and gloves while on an ATV.
• Never drive an ATV on paved roads.
• Never drive while under the influence of drugs or alcohol.
• Never drive a youth or single-rider adult ATV with a passenger, and never ride these vehicles as a passenger.
• Some ATVs  are designed for two riders. Passengers on tandem ATVs should be at least 12 years old.

 The ATV Safety Institute reports that 90% of child injuries on ATVs are caused by improper  driver behavior. A child should not operate an all terrain vehicle without the supervision of an adult.

Find additional information about  What To Know About the Dangers of ATVs and Children on our Florida Child Injury website.

For a FREE consultation with a Florida Personal injury lawyer about your accident case, contact our office @ 1-888-340-0840.

All-Terrain vehicles have been popular since their inception almost forty years ago. 

 Naturally, the risk for accidents involving children is high.  The American Academy of Pediatrics recommends that children under the age of 16 be prohibited from operating ATVs.  State by state, regulations differ in terms of restrictions placed towards adolescents.    

 In 2008, 74 children died and another 37,000 had accidents related to ATV’s that required them to go to the emergency room.  These figures actually represent a drop from the previous year.  Rachel Weintraub, director of product safety for Consumer Federation of America isn’t certain what caused the decrease, but said more needs to be done.  “Is it because incidents with recreational off-highway vehicles (ROVs) were taken out of the report; is it because fewer children are riding ATVs that are too large for them; is it because of higher gas prices; or is it because educational efforts are becoming effective?” she asks. “We need to replicate what is going right and do more to reduce these numbers significantly.”

 In Part 2 of this report we will look at ATV safety tips that all families should  follow.

Information surfaced this week related to a diet study led by a team at the University of Washington.  The report shows that when restaurant menus list calories, parents limit how much fast food their kids eat.

In the study, close to 100 parents in two groups ordered food for their children and themselves from McDonald’s- type menus.  One group’s menu included the calorie content next to the price for each item.  Generally, parents whose menus did not list calories selected a meal of approximately 670 calories, while those who had access to the calorie information ordered a meal with 100 less calories.

Only a few states nationwide have passed mandates requiring chain restaurants to post calorie information.  But researchers insist its importance.   “One hundred calories may seem like a small amount, but over time it could make a significant difference,” said Dr. Pooja Tandon, a pediatrician at the University of Washington, who led the study. For example, she said, an extra 100 calories per day in adults can lead to 10 extra pounds in a year.

Children playing with fire cause hundreds of injuries and deaths each year. Preschoolers and kindergartners often start these fires, usually  by playing with matches and lighters, and are most likely to die in them.

Facts & figures

• In 2006, children playing with fire started an estimated 14,500 structure fires that were reported to U.S. fire departments, causing an estimated 130 civilian deaths, 810 civilian injuries and $328 million in direct property damage.
• Nearly two-thirds (63%) of all fatal victims of fires by playing are children 5 years old and younger.
• Nearly two out of every three child-playing fires — and four out of five associated deaths and injuries — involve matches or lighters.
• The items ignited by home fire-play are principally mattresses, bedding or clothing.

Source: NFPA’s “Children Playing with Fire“

Schools and day care centers are a very important element in the care of children.  The well-being of  young children is often assumed.  The trust parents and guardians place in the day care facilities and schools is often rewarded with outstanding care.  However there are occasions where these environments don’t provide the proper supervision and safety that children require…and need.  Injuries can come as a result.  When a child is hurt, there are a number of potential legal suits that can be taken.  A  potential law suit would depend on the severity of the injury, as well as the incident that occurred.        

 Children need to be protected; their safety needs to be ensured.  When their well-being is not handled properly and they are injured, some of the possible legal claims include the following:  failure to provide a safe environment, failure to keep the child away from hazardous items, failure to prevent the child from being injured or bullied by other children, and failure to provide adequate supervision and monitoring.  

 Florida law offers grants of immunity to public schools from being sued.  An experienced Florida child injury attorney can determine if these legal obstacles can be overcome by studying the specifics of your case and advising you on the merits of your claim.

Public playgrounds are a vital part of a child’s growth, both socially and physically.  Unfortunately, playground injuries are very real.  They happen every day and they can be quite serious.  The proof is in the numbers.  

In fact, the CDC reports that more than 200,000 children ages 14 and younger are rushed to the emergency room annually for accidents that take place on a playground.  Roughly 90,000 of those injuries are severe.  Children suffer fractures, concussions, internal injuries, dislocations and in some instances even amputations. 

Approximately 75% of nonfatal accidents occur on public playgrounds with the majority of these occurring at schools and daycare centers.  In some instances these playground accidents result in fatalities.  In the ten year span between 1990 and 2000, 147 children died on playgrounds.  Fifty-six percent of these deaths were the result of strangulation and 31% happened because of a fall on a playground surface.  The vast majority of these deaths occurred at a play area at home.

 Defective playground equipment, a lack of protective safety procedures as well as negligent supervision are just some of the claims that could be filed on behalf of a family’s legal counsel. 

Because many playgrounds accidents do take place on school property during daytime hours there are legal challenges that may inhibit a claim even for a very serious injury to be filed.  It is in your best interest and the interest of your child to seek the counsel of an experienced Florida Child Injury attorney as early as possible after an accident has taken place.

Stories like this inspire us all!  Last week, a 12-year-old boy, Danny Happy stood front and center at the Citrus Bowl in Orlando.  He was being honored at the East-West Shrine Game.  Cameras followed his every move, the mayor shook his hand and introduced himself.  For Danny, being alive was indeed a special feat. 

 Just two years ago, he suffered burns over 95 percent of his body when a private plane crashed into his Sanford, Florida  home.  His little sister, 4-year-old Gabriela Dechat, like the neighbors next door, was killed. Since that time he has survived 42 surgeries and some unimaginable suffering. 

 The family’s lawyers settled the lawsuit with the plane’s owner, NASCAR.  It’s reported that the terms are enough to take care of all future surgeries.  It’s not known what future health concerns he might have as a result of the accident, since it is so rare for someone burned so badly to survive.

 Despite the enormous adversity, Danny maintains a positive outlook.  As the cameras circled around him he said, “Today I feel very alive.  I am very happy to be here.”

Read the entire article here.

The Dodson Law Firm is committed to providing safety resources  to prevent child injury.  We want to help parents ensure a happy, healthy and safe life for their children.

 Pet access doors are an area of concern of which every parent should be aware.  Millions of these doors have been installed for convenience of allowing a cat or dog to access the outdoors. More than 70 cases have been uncovered in which a child died or nearly lost their lives after leaving their home through a pet door.  Most fatalities and accidents result from a child drowning in a pool or another hazardous place.  In all reality, that number could be much higher since often times it is not recorded how a child accessed the outdoors.

 Naturally parents and guardians of young children and toddlers always have to be on guard and never leave a child unsupervised and unattended.   According to PetAccessDangers.org, warnings by most pet door manufacturers are either insufficient or totally lacking.   

Manufacturers of products have a solemn responsibility to warn and alert consumers of the potential dangers associated with their product.

Tampa Mom, Katie Guice, was concerned about the potential dangers the unsafe playground equipment at her neighborhood park posed for her young son.  A sign posted at  the entrance of Ballast Point Park warns parents that a fall to a hard surface from the playground equipment could lead to death for a child. Parents have reported incidents of  fall accidents on the playground.

This was troubling to Guice whose  three year old son, Rylan, enjoys playing with his friend at the park on equipment intended for older children (ages 5-14), not toddlers like Rylan.

A recent post to our Florida Child Injury website describes this young Mom’s determination and efforts to gather local community support  and to provide a safe and  developmentally appropriate  area for toddlers to run and play.

Hernando County police are searching for a man who tried to abduct a 12-year old girl near her bus stop Thursday morning.

 The man, described to be in his late 30s, chubby and dark-skinned, wore all black clothing with a black beanie and black gloves.  It was reported that he was riding a large frame dark bicycle with white lettering. 

 The incident happened between 6:30 and 6:57 on Sterling Hill Boulevard in Spring Hill.  The man approached the girl and told her to get on his bike.  When the girl said no, the man tried to grab her but she was able to break free and run to her bus stop. 

 If you have any knowledge about this incident or the identity of the subject, please contact the Hernando County Sheriff’s Office at (352) 754-6830.