Florida Child Injury Law Blog

Posts Tagged ‘Florida child injury lawyer’

The U.S. Department of Health and Human Services has a great deal of information for parents concerned about Bisphenol A, also known as BPA.

 Here are some safety tips  the HHS lists for families to limit a newborn’s exposure to BPA.     

 *Follow Recommended Guidelines to Feed Your Infant – HHS supports the American Academy of Pediatrics’ recommendations for infant feeding and supports breastfeeding for at least 12 months whenever possible, as breast milk is the optimal source of nutrition for infants.  

 *Discard Scratched Baby Bottles and Infant Feeding Cups -Worn baby bottles and cups are likely to have scratches that harbor germs and – if they contain BPA – may release small amounts of the chemical.

 *Temperature Matters – Be careful how you heat up your child’s breast milk or formula.  Studies have found there is a very small amount of BPA in plastics and other packaging materials that can transfer to food and liquids. 

 *Check the Labels On Your Bottles and Food Preparation Containers - As a good household practice, only use containers marked “dishwasher safe” in the dishwasher and only use “microwave safe” marked containers in the microwave.

BPA is one of the world’s highest production-volume chemicals and is used in making baby bottles, pacifers, sippy cups and baby toys.  Many states have passed laws banning the use of the chemical BPA in products intended for children under the age of three. Playtex and Gerber have announced they will stop using BPA in the production of their baby bottles. For more consumer information on child injury protection and child safety, visit our Florida Child Injury Lawyer section of our law firm website.

A USA Today Greenhouse report states that a dozen states are moving forward in considering restrictions this year on bisphenol A, an estrogen-like chemical implemented to solidify plastics in products such as bottles and cups, and widely used in  baby bottles.  The chemical is also present in the linings of metal cans, including infant formula, in order to hold up to high sterilization temperatures.

 According to WebMD, millions of tons of BPA are made annually. The Centers for Disease Control and Prevention estimates that more than 90% of Americans have measurable levels of BPA in their bodies.  Children have higher concentration levels of the chemical than adolescents or adults. 

 Last month, the FDA which in years past had deemed BPA safe, expressed “some concerns” due to new studies regarding the chemical’s potential side effects on the brain development of fetuses, infants and children. 

 The Greenhouse report states that Connecticut and Minnesota passed the first state mandate on BPA in food and drink containers intended for those 3 and younger.  Bills are now pending in Oregon, Maryland, Missouri, New Jersey, New Mexico, New York, Pennsylvania, Vermont and Washington, D.C. 

Here are a few things to know about BPA, as summarized from an advisory by the Department of Health and Human Services:

    •    Plastic containers have triangular recycling codes on the bottom. Some   numbered 3 and 7 may contain BPA. Those numbered 1, 2, 4, 5 and 6 very likely do not.
    •    Do not put warm or hot liquids into BPA containers.
    •    Do not use them if scratched.
    •    Most baby bottles are BPA-free because of voluntary changes by major manufacturers. Pacifiers and toys use materials without BPA.

The Dodson Law Firm is dedicated to providing  consumers the latest information and news related to child safety issues and injury protection. For additional  resources please visit our Florida Child Injury Lawyer website @http://www.jwdodsonlaw.com/practice_areas/child-injuries1.cfm

Early Friday morning a New Port Richey couple were about to retire to bed when the unexpected happened. 

 “We were walking into the bathroom and we heard this … crash. I came outside, saw the car where you see it now.”  A teen driver lost control of her car, sideswiped another vehicle, drove through the front yard and crashed into the home of Michael Whaley.  The impact pinned a van inside the garage.  Troopers cited the 17-year-old driver with careless driving.

 “I asked both kids… if either were hurt,” the retired police was quoted as saying.   Very fortunately for the teen and her passenger, there were no serious injuries in the car crash. Whaley’s home, though reportedly,  has $20,000 in damages. The accident could have had  serious injuries and consequences  had he and  his wife  been in the area where the car crashed. Whaley, it seems from a news report,  had a fairly calm reaction to the evening’s events and was relieved  no one was injured.

He remarked,  ”I got insurance…everybody got insurance.” Fortunately, in this case it sounds like insurance is not an issue, but that’s not always the case.

Many drivers in Florida are extremely underinsured and unprepared if they are responsible for damages far beyond the coverage they bought.  The damage to property caused in this accident may be covered by the driver’s Property Damage insurance on any policy insuring the car. Too many Floridians opt for the minimum Property Damage coverage of $10,000. Such coverage would pay for only half the reported loss to the home in this accident, leaving the driver on the hook potentially for the rest. Far too many crashes involving expensive cars cause property damaged liablity well in excess of $10,000 and drivers need to be aware of such potential liabilty and get the coverage they need. 

In addition,  many injured people I see in my office after an auto accident believe they have full coverage or are unclear about what they do have. Unfortunately, there are many uninsured or underinsured drivers on our roads – as many as 665,000 Florida drivers have no insurance, according to a 2004 report.  The Dodson Law Firm stresses the importance of uninsured motorist coverage - the least expensive and best bargain when it comes to your coverage. Check your policy’s coverage today!

For more information on car insurance from Florida Car Accident and Child Injury Lawyer Jim Dodson, request a FREE copy of his consumer guide about Buying Car Insurance in Florida It’s available on Amazon for $12.95 but offered at NO COST to Florida drivers on our website www.JWDodsonlaw.com.   

Last week news came from the U.S. Product Safety Commission, as they announced that U.S. subsidiaries of Japanese retailer Daiso, had agreed to pay a $2 million  penalty upon accusations they imported lead-tainted toys and dangerous children’s products. The companies based in California and Washington will not be able to import children’s products until they prove them to be safe. 

 CPSC Chairman Inez Tenenbaum said, “This landmark agreement for an injunction sets a precedent for any firm attempting to distribute hazardous products to our nation’s children.  We are committed to the safety of children’s products and we will use the full force of our enforcement powers to prevent the sale of harmful products.” With this fine, Daiso has initiated a new product quality and safety program.

Lead is a dangerous substance for young children.  Young children and babies are more susceptible to the dangers of lead poisoning  because they frequently put their fingers and hands into their mouths. Young children’s bodies also absorb more lead because they are growing and their brains and nervous systems are more sensitive to the damaging effects. When lead poisoning is not detected early, children can suffer: brain damage  and nervous system damage, headaches, behavior and learning problems,  slowed growth and hearing problems.

If you suspect there is  lead in your home or that your family has been exposed to lead, have their lead levels measured with a simple blood test.

If your child suffered an accident or an injury because of the negligence of another person, contact our Florida Child Injury lawyer for a FREE consultation @ 1-888-340-0840.

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.”

 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.

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.

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.

Information surfaced recently that TASER International, a leading provider in technology solutions, would be unveiling a new platform designed to help parents monitor their children. 

 The product is called PROTECTOR.   It’s an extraordinary toolset that gives parents the ability to monitor  their child or teen’s cell phone usage as well as driving habits. Parents will have the opportunity to manage the contact lists and content of their child’s mobile phone.  The intent is to help parents help their children.   Calls, texts, emails, photos and videos can all be monitored.  Phone functionality can also be limited to stop dangerous distractions while driving.  

 PROTECTOR works on multiple devices and is accessible through smart phones, PC’s Mac’s or smart TV’s.  Permissions and settings can be changed in real time.  Interested parties can call TASER International at (800) 978-2737 or visit their website at www.TASER.com.