Florida Injury Lawyer Blog

Many families are rightly concerned about the dangers to small children during the Halloween season. However, older children and teens also face several risks during this time of years:

1) Burn injuries. Children of all ages can burn themselves on candle decorations, dry ice used to decorate a punch bowl, jack o’ lanterns, and other Halloween accessories. Thin, flammable costumes only add to the dangers. Even makeup and face painting can cause skin reactions and burns if the chemicals used are harsh enough. Ensure that teens and children know good safety tips and ensure that children use face-appropriate make up. Keep a fire extinguisher near candles and jack o’ lanterns or use battery-powered lighting this Halloween.

2) Near drownings. Bobbing for apples and late-night dips in mild weather can pose a hazard. Ensure that your pool is properly secured if you will be having children and teens at your home. Ensure that any Halloween activities involving water – such as bobbing for apples – are correctly supervised.

3) Car accidents. Teens can easily get into accidents when swerving to avoid trick or treaters. Encourage your teen driver to practice good, defensive driving skills, especially on the days leading up to Halloween. Follow good driving rules yourself.

4) Pedestrian accidents. Children often get so excited about Halloween that they may dart out into road areas without watching, especially on Halloween night. Some Halloween costumes make it hard for children to see oncoming cars. For all these reasons, it is important to watch for children and trick or treaters around Halloween and be prepared to stop suddenly.

5) Skin injuries. Skin injuries are quite common during Halloween and can be caused by anything from reactions to makeup to injuries cause by sharp accessories. It’s a good idea to go over special effect makeup with your teens and children, to make sure that they are choosing safe options. Limiting or banning hard accessories that can cause accidents is also a good idea.

6) Choking. Children can easily choke on larger pieces of candy or on small accessories. Even badly-fitted vampire teeth or mouth accessories can become a hazard. Again, go over everyone’s costume choices to ensure that everyone in your family has a safer Halloween.

7) Eye injuries. Teens are often tempted by “special effect” contact lenses, but it is important to always order these from qualified eye doctors, who can show your teen the safe way to wear these accessories. Avoid buying special effect contact lenses from dollar stores or discount stores for less – these lenses may not be as safe.

If your children will be trick or treating this Halloween, you will want them to have an enjoyable time. A great Halloween means an injury-free Halloween, which is why you will want to have these tips on mind when you enjoy the holiday:

1) Consider parties rather than trick or treat excursions. Many families are now having parties rather than taking their children door to door. Parties allow you to supervise your children in a very controlled environment. This can be much safer than going door to door in the dark, when poor visibility, premises liability issues, and unfamiliar terrain can lead to trip and fall accidents and other dangers. As well, parties indoors reduce the risks of pedestrian accidents.

2) If your children are going out for Halloween, arrange for supervision. If your children do decide that they want to go out for Halloween, arrange for at least two adults to accompany them door to door. Ensure that both adults and children have flashlights to light their way and remain in familiar neighbourhoods.

3) Keep children supervised at all times. Whether at a party or during door to door trick or treating, children need to be supervised. Consider having adults offer supervision, instead of older siblings, who themselves may be distracted by Halloween. Adults can supervise groups of children and should take periodic breaks while other adults supervise for a while. This ensures that children are always supervised by a “fresh” pair of eyes.

4) Choose safer costumes. Look for costumes that are age-appropriate, visible, and well-made. Avoid costumes that limit your child’s visibility and costumes that pose a tripping hazard. Avoid costumes that have small parts which pose a choking hazard. Where possible, look for costumes made from non-flammable materials that provide an extra level of protection against burn injuries.

5) Check for the real dangers of Halloween. While many parents check candy for tampering, the biggest dangers during Halloween tend to be burn injuries, tripping, choking, near drowning incidents, and eye and skin injuries. Supervise children carefully and ensure that decorations and costumes are chosen carefully with safety in mind.

Although Halloween is a time to watch scary movies and listen to ghost stories, these are not the real dangers of this time of year. Although many parents carefully check their children’s candy for tampering, even candy safety does not cause as many injuries as fire during Halloween. For many children and teens, fires and burn injuries are the real personal injuries which are a risk at this time of year. There are many things that parents can do to help prevent these common injuries:

1) Light candles with lights rather than candles. Jack o’ lanterns are a major cause of burn injuries each year, as children peer into jack o’ lanterns or get too close with their costumes. The best way to prevent these accidents is to use specially-designed LED or portable lights in pumpkins rather than candles. These are not only safer, but they can light your carved pumpkin for a much longer time.

2) Look out for candles and dry ice. Many families decorate their homes with candles to create that “spooky” Halloween look. Some families also add ice to punch bowls to create steaming “witches brews.” While both these ideas can make your home festive, candles and dry ice can pose a burn hazard. If you have small children, you will need to either supervise carefully or avoid candles and dry ice for a few years, until your children know how to stay safe. At the very least, ensure that dry ice and candles are kept well out of reach of small children.

3) Choose costumes carefully. Look for age-appropriate costumes and ensure that you follow any safety precautions on store-bought costumes. Whether you are making your own costumes or renting or buying costumes, make sure that outfits fit correctly, with no dangling pieces that can cause trip and fall accidents, fires, or choking. Where possible, look for costumes made of non-flammable materials.

4) Read labels on makeup and costume accessories. Keep in mind that cosmetics can also cause burns and rashes on sensitive skin. Always buy high-quality makeup for costumes and check for freshness – throw out cosmetics that are expired. Test makeup on a small area for allergies before playing makeup over an entire face.

5) Do not leave jack o’ lanterns, candles, and other home décor accessories unattended. Dry ice, candles, lit jack o’ lanterns, external lights, lanterns, and other decorations can be a fire hazard if left burning all night without supervision. Make sure that someone is always present to supervise.

While some families buy ready-made costumes for Halloween, others spend considerable time creating their own costumes. However, homemade does not always mean safer. There are some advantages to homemade costumes: they often contain fewer plastics than store-bought costumes and therefore can be healthier, and they tend to be less expensive. If made correctly, home-made costumes can also be safer. However, if you are making your own Halloween costumes at home, keep these design elements in mind to keep your trick-or-treaters safer:

1) Choose the right shoes for the costume. Avoid giving your child adult shoes or shoes that are too large – these can increase the risk of tripping and put your child in danger of head injuries as a result. Look for shoes that fit your child correctly and ensure that the shoes have good treads to help prevent slip and fall injuries. Keep in mind that fall leaves can make sidewalks slippery. Consider adding some store-bought stickers to the bottom or shoes to give them extra traction.

2) Always carefully alter home-made costumes for a perfect fit. Many home-made costumes are made from adult clothes or large pieces of fabric. If this is the case for your costumes, make certain that you have the fabric altered to fit your child correctly. This is important to avoid trip and fall injuries as well as choking hazards. Use needle and thread to alter the costumes, as double-sided tape can easily become unglued, leaving dangerous dangling pieces of material.

3) Consider the flammability of the fabric. Many store-bought costumes come with a safety rating for flammability, although this is not true of all costumes purchased in stores. When creating your own costumes at home, look for materials that will be less flammable. Keep in mind that Halloween burn injuries are a major cause of Halloween injuries and hospital visits, as carved pumpkins lit with candles tend to attract children.

4) Choose makeup carefully. Makeup is often safer than masks, since masks tend to make it harder for your child to see properly. However, makeup has its own hazards. Alcohol and other harsh ingredients can cause burn injuries and serious rashes, for example. Look for makeup that is reliable and safe and always test the makeup on a small area to ensure your child does not have a sensitivity to the product. Check expiry dates on makeup and discard any products that are past their “best before” date.

5) Avoid small parts. When making your costumes, ensure that there are no small parts that your child can detach and swallow. For example, ensure that all beading is small or too large to swallow and is correctly attached to the costume. Check all buttons to ensure that they are firmly sewn to the costume. Small parts and accessories can cause a choking hazard for small children.

Many children and adults are putting the final finishes on Halloween costumes at this time of year, but many costume choices are anything but safe. According to the U.S. Consumer Product Safety Commission and other safety experts, there are many dangers present in some costumes. Some pose a burn injury hazard, while others are not visible enough and can put a child at risk of pedestrian accidents. There are many costume hazards that parents can avoid by following these safe Halloween tips:

1) Fit costumes well. Avoid costumes that drag on the ground or have long, dangling sleeves. Costumes that drag on the ground can make it easy for a child to trip and fall. Long sleeves and parts can cause a child to become entangled in the costume and can pose a choking hazard as well.

2) Consider costume shoes carefully. Some shoes that come with costumes are really meant to be worn indoors. On fall leaves, these can cause slip and fall accidents. With home made costumes, ensure that shoes fit well. Do not allow children to wear adult oversize shoes with their costumes – this can be a tripping hazard.

3) Ensure that child costumes are easy to see in the dark. Some ready-made costumes are made from lighter, reflective fabrics. If your child is wearing a darker costumes, purchase reflective tape at a hardware or sporting goods store and apply the tape to your child’s costume. Visible clothing can ensure that your child is visible to drivers at all times. As well, ensure that your child always carries a flashlight while heading out for Halloween. This can help your child see in the dark and can ensure that drivers can see your child.

4) If your child’s costume has accessories – such as swords or wands – ensure that these items are flexible and soft. Your child can accidentally harm another child in play with a play sword or accessory or can injure themselves in a trip and fall accident.

5) Ensure that your child can see correctly. Use face paint rather than masks with a costume, since masks can keep your child from seeing properly. Ensure that any hats or head wear that are part of a costume do not impede vision. Avoid costumes with veils or other pieces of fabric covering the head.

Among children between the ages of one and fourteen, drowning is the second major cause of injury-related fatalities. Most children who drown are swimming in an open water area or in a residential swimming pool at the time of the accident. However, parents do not need to worry just about pools and swimming areas. It is possible for a small child to drown in as little as one inch of water. Bathtubs, buckets, wading pools, toilets, hot tubs, spas, and even diaper pails can all pose a risk for drowning.

Drowning is extremely frightening because it can occur so quickly and quietly. In many cases, a drowning or an injury and near-drowning can occur in just a few seconds. In many cases, a drowning can occur in just a few moments, when a child is left unattended or is left unnoticed among a larger group of children. A child can easily panic and become submerged under water. A child can also hit their head and lose consciousness due to their brain injury, drowning before an adult can notice the child is in distress. Some children may get sucked under water by currents or by a pool drain and get stuck.

After a child becomes submerged and two minutes pass, the child will lose consciousness. Four to six minutes after submersion, irreversible brain damage has usually occurred. Time is essential. About 92% children who survive a near-drowning incident are discovered within two minutes of becoming submerged, while 86% of children who die as a result of drowning are found only 10 minutes after submersion. Studies have found that up to 20% of children who suffer a near-drowning incident suffer brain injuries or some neurological disability as a result of their experience. In many cases, this head trauma is a permanent injury.

Studies have found that 300 children ages 4 and under die in residential swimming pool drownings each year. About 33% of these incidents occur at a pool belonging to a relative, neighbor, or friend. About half of these incidents involve a pool belonging to the child’s family. In most cases involving a child’s fatal drowning, the child was under the supervision of one or two parents and was missing for less than five minutes before being found in the pool. In many instances, the child was last seen in the home and the adults supervising the child did not know that the child had gone into the pool.

About 62% of all drownings and near-drowning incidents occur between May and August, although they can take place at any time. States like Florida, which have warm weather longer into the year, tend to see more incidents outside of the May to August time span. In fact, states in the Southern areas of the United States have higher rates of drowning fatalities than states in colder climates. Rural areas have higher fatality rates from drowning than urban or suburban areas. About 40% of drowning and near-drowning incidents occur on the weekends.

Studies have found that installing fencing on all four sides of a pool and adding a locked gate to the fence can reduce residential swimming pool incidents involving children by up to 50-90%. In addition, there are many other devices on the market – including automatic pool covers, pool alarms, and pool gate alarms, for example – that can reduce the risk of drowning even further. Florida has laws in place requiring fencing around swimming pools. Arizona, Oregon, and California have similar laws.

While hopping on a motorcycle as a passenger can be exhilarating, passengers are much more problematic on a motorcycle than in a car. Passengers are often a bigger distraction for a motorcyclists because they must often sit right behind the motorcyclist. Passengers can also affect the balance of the motorcycle and this can sometimes lead to accidents. If you have a motorcycle, you can keep yourself and your passengers safer by following these tips:

1) Avoid passengers until you become very skilled on your motorcycle. Take a course for motorcyclists and practice driving your motorcycle in all sorts of conditions before you take on any passengers. To be safe, you need to be able to handle a motorcycle very well before you have any passengers.

2) Get a passenger’s helmet and insist all passengers wear it. Once you are ready to have passengers, you should purchase a motorcycle helmet and keep it on your bike at all times for passengers. Never allow a passenger on your motorcycle without a helmet. A helmet is the best defense you can offer your passengers against brain injuries.

3) Make sure that you start the motorcycle first and then have passengers climb on. This is usually more comfortable for the passenger and ensures that you can start the motorcycle unencumbered by your passenger.

4) Position your passengers correctly on a motorcycle. Your passengers sit behind you, with their feet on the footrests at all times. Make sure that your passengers understand that they should never remove their feet from the footrest. If they do so, you might move forward while your passenger is losing their balance. Have the passengers keep their legs away from the mufflers, as mufflers heat up during a ride and can cause burn injuries. Make sure that passengers hold into your waist at all times. There are no seat belts available – you are the stabilizing force for your passengers.

5) Instruct your passengers to lean with you when you turn. This will help keep your motorcycle more stable and will make it easier for you to control the vehicle.

6) Avoid passenger distraction. Due to the motorcycle’s noise, you will need to strain to hear your passengers talking, and this can distract you from the road. Have your passengers avoid talking and have them turn off their cell phones before hopping on your motorcycle as well – the sudden ring of the phone can startle you. On a motorcycle, a passenger’s movement can be distracting as well, so make sure your passengers remain still behind you.

Many Florida homes have a swimming pool in the yard and children at home. After all, Florida is not only a great place to raise children, but it is also a place where swimming pools can be enjoyed for much longer, thanks to a gorgeous climate. While children love swimming pools, though, adults need to take steps to prevent pool accidents. Whether you have a child at home or child visitors to your home, you need to keep your pool secure in order to prevent tragedy and premises liability cases. Since you cannot supervise your pool around the clock, make sure that you:

1) Put up a fence around your pool. Even if your yard is enclosed by a fence, construct a separate fence around the pool to keep visitors to your yard from accessing the pool area easily. Make sure that the pool fence is tall enough that it cannot be climbed easily and add a good gate and lock to keep trespassers out. Keep the gate locked at all times unless the pool is in use and correctly supervised.

2) Place a pool cover over the pool when not swimming. A pool cover prevents children from falling into the pool and injuring themselves. It can also help prevent leaves and other debris from falling into a pool. Keep in mind, however, that a pool cover still allows children access to your pool and is not a good alternative to a fence and locked gate.

3) As soon as you can, teach your child to swim and teach your child water safety. If your child does fall into a pool, he or she has a much better chance of survival if he or she is a good swimmer. Water safety courses can also teach your child the importance of not going near a swimming area when no supervision is present.

4) Set up set swimming times. Allow your child to enjoy the pool by establishing swimming times where you and another adult are present to supervise. It is a good idea to always have two or more parents supervising at once to ensure safety for everyone.

5) Put drain covers over your pool drain. Drains create suction and can cause children to get stuck under water. This can cause drowning before anyone is even aware that there is a problem. A good quality drain cover helps prevent this tragedy.

Motorcycle accidents claim many lives each year and also cause serious personal injuries, including broken bones, head trauma, and spinal cord injuries. Because motorcycles are much smaller than other vehicles on the road, a collision between a motorcycle and a passenger vehicle or a truck tends to result in severe injuries for the motorcyclists. Motorcyclists also tend to be more injured because they are not protected on all sides by metal, plastic, and airbags. Luckily, there are many things that motorcyclists can do to help prevent accidents:

1) Always wear a helmet and protective gear. A motorcycle has no windshield or airbags. In a collision, most motorcyclists are thrown and when this occurs, brain injury is a common cause of fatalities. Helmets are your best way to reduce traumatic brain injuries, but to be effective they must be worn each time you climb on your motorcycle. Look for a helmet that offers a face guard or visor. This will protect your face in an accident and will keep your visibility good, so that you can avoid accidents. In addition to a helmet, long pants, boots, gloves, and a jacket can help prevent scrapes if you fall.

2) Get a proper license and training for a motorcycle. All states require motorcyclists to be licensed. In addition to licensing, consider taking extra on-bike training and additional training classes designed especially for motorcyclists. This will teach you how to ride a bike in various conditions and how to avoid some of the common dangers that face motorcyclists.

3) Do not drive under the influence. Never drink and drive, but also check your over the counter and prescription medications. Anything that affects your vision or makes you drowsy can cause an accident, so leave your bike at home until you are no longer on medication.

4) Do not speed. Studies have shown that 40% of fatal motorcycle accidents involved a motorcyclist who is speeding. If you speed on your motorcycle, you are more likely to lose control and get into an accident.

5) Look ahead and anticipate. Large bumps and holes in the road will affect you more than they will passenger cars, so anticipate them and plan ahead. Look for cars pulling out of parking spaces and side streets, as well – they may not see you in time.

6) Keep your headlights on every time you ride your motorcycle, even in the daytime. This is a law in most states, but it is also a good practice since it makes you more visible to others on the road.