Florida Child Injury Law Blog

Posts Tagged ‘Florida child injury lawyer’

Research in the past  has shown child bathtime injuries have been related primarily to burns, scalding and even drowning. When a parent tells their child, “It’s time to take a bath,” they might expect some resistance but they don’t expect a serious accident to occur.

 But an estimated 43,600 bathtub and shower-related injuries do happen every year to children resulting in a trip to the emergency room.  According to a study conducted by Dr. Gary Smith of Ohio State University, 81% of those accidents are brought about by a child slipping, falling or tripping.   

More than half of the injuries occur in the under 5 years of age group. Child injuries usually are lacerations and soft tissue injuries.

 Dr. Smith is quick to point out the problem shouldn’t be blamed solely on lack of parental supervision.  “They happen so quickly that a parent simply can’t react quickly enough to prevent them,” he said. “Therefore, it is important to prevent them from happening by using a slip resistant mat inside and outside the bath and shower.”  

 To read more information about the results of the study, please visit medpagetoday.com.

For additional information concerning child safety and injury protection, please visit our Florida Child Injury lawyer document and resource library on our website.

The next year and a half Jared’s family would travel five states and seek out top specialists at leading hospitals as he battled to recover.  Today, Jared is still recovering but his condition has improved and his doctors say the chance of reoccurrence is very low. 

 The hard truth though, is  strokes are among the top 10 killers of children.  According to the American Heart Association, the risk of stroke in children 18 and younger is 11 per 100,000, or about 9,000 incidents a year.  Strokes also occur in about 1 out of every 4,000 births. 

 For more information on strokes and how they affect children, please visit know-stroke.org.

Our Florida Child Injury lawyers are committed to providing consumers with the latest child health and safety resources, product recall information and accident and injury prevention news available.

Earlier this year the New York Times published a story every parent should read.  It gives a detailed account of a 7-year-old boy who suffered a stroke.

 Two years ago, Jared Dienst and his mother were enjoying a summer day walking in St. Catherine’s Park in the Upper East Side of Manhattan.  What happened next was about to change the course of their lives. 

 Jared became dazed, had a droopy left eye, became stiff and his speech was slurred, when suddenly,  he couldn’t walk or stand on his own.  His mother rushed him to the hospital where late that night after undergoing tests, a neurological team determined the 7-year-old boy had suffered a stroke.  Please see, Part 2

Our Florida Child Injury lawyers have been representing  victims of  injury throughout  the state of Florida, for over 25 years. Please call us for a free case evaluation @ 1-888-340-0840. There is no obligation to hire a 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.