Florida Child Injury Law Blog

Posts Tagged ‘death’

Understanding and protecting the rights of children is imperative.  No parent, guardian or caretaker of a child should ever leave a child unattended in a motor vehicle.  This applies not only to family members but naturally to babysitters and day care centers as well.    

Children suffer serious bodily injuries and death being left in a car from a variety of dangers such as: extreme heat  or hyperthermia, strangulation from activating power windows and crashing when a car is knocked into gear. 

Florida State Statute:  FSS 316.6135 states  the following about leaving children unattended or unsupervised in a motor vehicle and the penalty of doing so.

“No parent, legal guardian, or other person responsible for a child younger than 6 years of age shall leave such child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes; however, no such person shall leave a child unattended for any period of time if the motor vehicle is running or the health of the child is in danger.” “Any person who violates the provisions of subsection (1) is guilty of a noncriminal traffic infraction, punishable by a fine of:  Not more than $100; or not less than $50 and not more than $500 if the motor vehicle was running or the health of the child was in danger at the time of the violation.”

Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove him from the vehicle. If the child is removed from the immediate area notification should be placed on the vehicle.

Twelve states have laws specifically prohibiting leaving young children alone in cars. Child advocacy organization, Kids and Cars has been an influential lobbying group in the effort to toughen up legislation addressing the problem. “We’re trying to get people to realize it is just as dangerous to leave a child alone in a vehicle as it is to leave him near a body of water,” said founder and president Janette Fennell.  She reports “There are more states that make it illegal to leave an animal alone in a car than a child,  there has to be a specific law to make it illegal to leave a child alone. We want people to understand the dangers.”

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“

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.

More than 30,000 children are struck by cars each year in the United States.  Additionally, Florida is home to 4 of the 5 most dangerous cities for pedestrians in this country.

Nothing is more precious than the safety of one’s child. As a Florida Child Pedestrian lawyer, undertaking the representation of an injured child in a pedestrian accident case is extremely difficult. Yet, the fact is that child pedestrian injury is the second leading cause of unintentional injury-related death among children ages 5-14.  Why? Simply because children are exposed to traffic threats which far exceed their cognitive and developmental abilities. Children are impulsive and lack the ability to sense danger.

Their vulnerability  is  further compounded by Florida’s lack of adequate infrastructure to prevent child pedestrian accidents. More and better sidewalks, reduced speed limits, wider medians, adequate pedestrian signage, intersection signals and well marked crosswalks are all needed.

At the same time, let’s not overlook our need to educate our children about pedestrian safety, the dangers of the road and our responsibility to adequately supervise our children to prevent accidents from happening.

We all know how much children love to play.  It’s part of how they lead active and happy lives.  Falls among children are common, and at certain stages of their development happen almost every day.  However they can be serious…in fact falls are the leading cause of accidental injury for children. 

 Statistics from SafeKids.org  state children, 4 years of age and under, have the greatest risk for falls.  This age group accounts for 56 percent of childhood fall-related deaths and more than 40 percent of child injuries.

 Parents must be vigilant and keep a keen eye out in their home.  In fact, 80 percent of fall-related injuries among children ages 4 and under, occur right in their own house. 

 Knowledge is key to safety and injury prevention!  For tips on what you should know to prevent fall injuries and the steps to take, if your child does suffer a fall at home, please follow this link to an article posted in our Florida child injury website document library for more information.

Teens who have their own car are more likely to have a car crash than those who share a family automobile.  This came from an interesting study released earlier this year by researchers at Children’s Hospital in Philadelphia.

The statistics are staggering.  One out of every four teenagers who possess their own car has been in a crash.  That percentage drops to 10% for teens who share a car.  Traffic crashes are the leading cause of death for U.S. teens, killing more than 5,000 each year. 

In 2007, 7,000 people nationwide were killed in automobile accidents involving a teen driver.  3,000 of these individuals were teenagers. 

Our firm website provides important safety information in an effort to educate young drivers to avoid accidents and injuries, such as “Make Rules for Your Car”. There are also links to resources about subjects such as distracted driving and video links to teens and their own personal experiences with driving  and accidents.  

If you need more information, request  Jim Dodson’s  free accident book  and learn common mistakes to avoid if you or a loved one have been involved in a Florida Accident. Although the book is available at no cost, the information is invaluable.

 A new research study reported on the link between lead exposure to children and permanent brain damage. According to the article, “the study was presented Tuesday at an annual meeting of the Radiological Society of North America in Chicago, looking at the long-term effects of childhood exposure to lead. Researchers from Cincinnati Children’s Hospital Medical Center found that lead poisoning at a young age caused damage to the regions of the brain that control how decisions are made, and the brain damage from lead exposure persists into adulthood.”

Lead poisoning is a child common injury and can result in: nervous system injury, brain damage, seizures or convulsions, growth or mental retardation, coma and even death.

Within the article, the U.S. Centers for Disease Control and Prevention (CDC) reported that approximately 250,000 children in the United States have blood levels greater than 10 micrograms of lead per deciliter of blood, which is the level that the CDC considers deserving of public health action.

Many child injury cases with lead have been brought against landlords and property owners  for failing to maintain older rental properties where children and their familes live. Parents should also be aware of chemicals in certain toys which have been recalled due to product defects.

For additional information find a related link here  from a previous blog posted on our Florida Child Injury website.

An 18-month-old toddler died after falling from a ground-floor window in Orange County, Florida.    Paramedics and deputies were called to the Lake Margaret home after a 911 call. 

 Authorities have not released any details, but neighbors say that the couple who reside there are foster parents.  Lt. Paul Hopkins said that while there was no clear sign of foul play, the Sheriff’s Office will conduct an investigation and an autopsy will be performed. 

 Any accident concerning a child is tragic.  The leading cause of death in children over one year of age is trauma. Each year, more than 6,000 children die from accidental injury. Over 14,000,000 children are hurt each year from carelessness.

 Home injuries are one of the top causes of children under the age of three being rushed to the emergency room. Almost 70% of children who suffer fatal, accidental injuries at home are ages 4 and under. 

Young children should never be left unsupervised. Adults  have a responsibility to  protect a child from foreseeable risks and harm.