Florida Injury Lawyer Blog

A new study by a group of US researchers at the Center for Injury Research and Policy at Columbus, Ohio's Nationwide Children's Hospital has found that accidents and injuries involving children occur often during holiday times, but most holiday injuries are not related to the holidays. Most injuries during these times of year actually are related to common incidents, such as sports injuries or slip and fall injuries in the home.

Traditionally, many people have assumed that the majority of childhood injuries during holidays such as Memorial Day or Independence Day include burn injuries from fireworks or other holiday-related injuries. In fact, sports injuries, play-time-related injuries, and bad falls were the most common injuries reported for children during various holiday seasons during the year.

The study from the Center for Injury Research and Policy at Ohio's Nationwide Children's Hospital found that children’s injuries were most likely to occur around Labor Day. The second most likely holiday for a childhood injury or accident was Memorial Day, followed by Independence Day and Halloween. The study will be published in the May issue of Pediatrics journal.

In the meantime, parents may wish to plan for summer holiday time with this study in mind. While many parents may consider holiday-specific injuries and hazards, it seems that the real concerns are the everyday injuries which can always cause harm:

1) Trip and fall and slip and fall injuries. Keeping walkways free and clear of debris and toys is a great place to start. Cleaning up spills in kitchens and on floors is also a must in preventing these common injuries. During a holiday, there may be more traffic and bustle in a home, which can mean more clutter. Getting everyone involved in tidying up is a must to keep the house clean and safe.

2) Sports-related injuries. Sports-related injuries can often be prevented with good sports safety equipment and good supervision. Make sure that your child’s sports are well supervised by a responsible adult and insist on good sports gear, including a good helmet to prevent brain injuries in contact sports such as football. Good footwear can also help prevent falls and other injuries on the field.

3) Injuries related to play time. Play time should be about fun, but fun shouldn’t come at the expense of safety. Periodically, check your child’s games and toys. Are they age-appropriate? Check online for any poor safety reports or recalls that may affect your child’s favorite toys. Periodically, check the condition of toys. A chewed toy is no longer safe if parts are breaking off and posing a choking hazard. If areas of a toy have worn away with use, make sure no sharp edges are exposed. The way that children play with toys can sometimes render the toys unsafe.

Traditionally, airplane safety professionals and associations claim that where you sit on an airplane has no bearing on your risk in an aviation accident. However, a study conducted by Popular Mechanics based on three and a half decades of seating charts and NTSB reports suggests that areas in the back of an airplane are safer. The study suggests that passengers seated near the tail of a plane are approximately 40% more likely than passengers near the front of the aircraft to survive a crash.

The study relies on statistics gleaned over 36 years of raw data from the National Transportation Safety Board files. The files found that in many crashes, passengers seated in the back of the aircraft survived while those in the front did not. The statistics gathered during the study found that passengers seated behind the wing, in the rear cabin, had an average survival rate of 69%. Passengers seated near the wings and in the coach section immediately in front of the wings had an average survival rate of 56%. The seats in the 15% front of the airplane – which on many planes are the business-class or first-class section, had an average survival rate of 49%.

Despite the findings, however, experts are quick to note that there is no need necessarily to crowd towards the back and give up the perks of first-class flying. The statistical probability of being in an airplane is very low. It continues to be one of the safest modes of transportation, with only a few serious airplane accidents a year. In comparison, fatal car accidents occur every few seconds in this country. The average person is far more likely to be seriously injured or killed in a car accident than in an airplane accident.

As well, seating is not the only indicator of survival. There are in fact many things that passengers can do to help prevent accidents and injuries during a flight. Remaining seated with the seat belt on is a good place to start. In the event that the airplane encounters turbulence, remaining in your seat can ensure you don’t fall and injure yourself. If you are in an accident, remaining in your seat with the seatbelt fastened increases your chances of survival. In your seat, you will have access to the oxygen mask in front of you, the life vest under your seat if you need it, and you will be restrained and not flung about the cabin. Your seatbelt can easily protect you against spinal cord injuries, brain injuries, and other serious injuries as well.

Before flying, you can increase your chances of avoiding an accident and injury by checking the safety ratings and incident reports made against various airlines. Look for a commercial carrier with a good safety record. As well, get rest before your flight. Staying alert on your flight allows you to respond quickly in the event of any problems.

Once on your flight, familiarize yourself with the aircraft and your emergency exits. Review safety instructions and watch the safety demonstration at the start of the flight. Having this information fresh in your mind is important. In the event of any accident, you may have only seconds to respond, so knowing where to go and what to do could save your life.

Premises liability cases usually occur when a property owner has failed to take proper precautions for preventing foreseeable accidents and injuries which occur on the property. If a property owner does not secure against an accident, an injured party can seek damages and penalties against the property owner for their accident. Premises liability cases differ widely, but the most common include:

1) Serious slip and fall accidents. Often, these lawsuits occur when someone has been given permission or been invited onto a property and slips and falls, either sustaining a serious head injury or another type of serious injury. In these cases, the injured party must prove that the property owner has done or neglected to do something that has caused the accident. The owner is responsible for warning the person on the property – in this case, the victim – of any possible dangers and is expected to take reasonable precautions to prevent accidents and injuries on the property. These cases can be challenging to pursue because the person who has slipped is expected to take reasonable precautions. The fact that the slip and fall accident has occurred alone is not evidence of wrongdoing. The plaintiff must show that some negligence or action led to the injury.

2) Swimming pool accidents and near drownings. Owners of swimming pools need to take steps to make their pools relatively safe. The owner must ensure that there are reasonable provisions for safety, resuscitation, and life-saving devices. In a public pool, public pool owners are expected to have lifeguards or specific safety equipment available or must have warnings clearly posted about any possible dangers. Private pools are expected to be secured against uninvited children to a reasonable degree.

3) Assaults. The owner of a business must take reasonable precautions to ensure the safety of employees, clients, customers, and visitors. If there is a history of crime in the area, for example, the business owner must warn people visiting the business or must take steps to protect people who use the business regularly. For example, owners of automatic teller machines where robberies have occurred need to ensure that there is adequate lighting and security cameras in place to protect people who are withdrawing money.

4) Sexual assaults. As with assaults, business owners are responsible for taking reasonable precautions to provide for the safety of people who visit their business. How much care is considered reasonable relates to the type of assaults, how easily the assault could have been foreseen, and the history of sexual assaults in the area. Poorly lit parking garages, for example, may be more likely to provoke a premises liability case than a parking lot in a relatively safe area with good lighting.

If you have been in a slip and fall accident, you will want to start documenting the accident as soon as you are able to do so. Taking note of the details of your accident and noting the details are of your injury as well as the conditions of your accident are crucial in helping your attorney seek a settlement on your behalf if you decide to seek legal action. Seeking proof of your injury and the conditions that cause it can also be important when filing an insurance claim. It is especially important if you have sustained a serious injury, such as a broken bone, head injury, or other serious injury as a result of your fault. Among the things you will want documents are:

1) Weather conditions at the time of your accident. Weather conditions are rapidly changing. As soon as possible after accident, detail exactly what the weather conditions were like. Whether the conditions were slippery, icy, rainy, or clear can have a profound impact on your case.

2) Details about what you were wearing. Note what you were wearing on your feet as well as the clothing you were wearing on the day of your accident. If possible, put these items aside for examination. The tread on your shoes, the fit of your clothes, and whether your clothes loose or tight-fitting can be important clues in determining how the accident happened. Also, make sure that your note whether you wear glasses or contact lenses and whether you were wearing your contact lenses or glasses at the time of the accident. These are all clues and can impact your case.

3) Medical history. If you have a history of falling, dizziness, or taking any medications that make you dizzy, these are important clues and important information you must share with your personal attorney if you are pursuing a slip and fall case. These details can affect your case.

4) What you slipped or tripped on. If possible, take a photograph of the area where you slipped. Is there an uneven area in the area where you were walking? Is there an obvious obstruction which could have caused your fault? When you did fall, note where you landed. Did you land on a hard surface or on a grassy area? If possible, take a photograph of where you fell as well as what you may have slipped or tripped on.

5) Any witnesses to your accident. If there are any witnesses to your accident, including good Samaritans who helped you, consider securing their names and contact information at the scene of your accident. These witnesses can be important in helping your attorney establish what happened during your accident.

6) Any reports or documentation of your injury. If you filed an accident report with the police or the owner of the property, your attorney will want to know about this. This report will also add documentation towards your case.

Now that the warm weather is here, more time spent outdoors as well as more time off for the children can mean more personal injuries and accidents. You will want to make sure that your first-aid kit is stocked up and that you have a personal injury kit as well to help prevent personal injuries and accidents around your home. Your kits should include

1) The first aid essentials. You will want to have plenty of bandages of all sizes, sterile gauze, hydrogen peroxide or another substance for cleaning wounds, antibiotic ointments, and a first-aid manual at minimum. Many stores sell portable first-aid kits with everything you need. Look for the largest and most comprehensive kits you can find. If you already have a kit check the expiry dates of any over-the-counter medicines you have in your kit. You may find that you need to replace some items.

2) Insect sting prevention. Make sure that you have sunblock to keep the rays of the sun at bay as well as insect repellent and after bite ointment to help treat bites. It is also good idea to have on hand small tweezers for removing ticks and other bugs as well as long-sleeved items for wearing outdoors in wooded areas.

3) Trip and fall prevention. As the nights get warmer, we tend to spend more time outdoors. This is a great time to ensure that all outdoor areas and indoor areas are well-lit and free of debris and clutter. Try placing plenty of flashlights with fresh batteries in your emergency kit, at the entrance way of your home and near beds. This way, if anyone needs to get around in the dark, they can do so without tripping and falling.

4) Manuals and safety guides. The more you know about preventing accidents, the more likely you are to prevent them. Most police departments, fire departments, and even utility companies provide safety manuals for kids. Often, these come in the form of coloring books and activity books that allow children to have fun while also learning important safety rules. These can be a great way to teach children how to avoid burn injuries, bicycle accidents, and other serious incidents that are common during the summer months. These free guides and manuals also make a great activity for a rainy afternoon.

5) Proper rainwear. During the rainy spring months, slip and fall accidents are quite common. Invest in rubber boots for the whole family. Make sure the boots all have good treads that prevent slips even in slippery weather. Also, make sure that you have rainwear for bicycling and for walking. Look for products that have hoods but which do not obstruct vision. Look for bright colors that are easily noticed by pedestrians, bicyclists, and drivers.

A dog bite is usually a traumatic experience, especially when the victim is a small child. What a small child has been bitten by a dog or cat, a visit to a doctor or emergency room is often in order. Even with adults, more severe bites may require a trip to a physician. The treatment for dog bite varies considerably depending on the location and severity of the bite. However, typically after a dog bite your doctor will:

1) Check the injury for bone damage, tendon injury, nerve damage, and infection. In some cases, you may need to return to be checked for infection, since in many cases signs of infection do not develop for a few days. Redness, swelling, excessive fluid buildup, and pus can all be signs of infection. If you notice these after a trip to your doctor, you may need to visit a doctor again.

2) Clean the wound. Your doctor may need to remove damaged tissue while cleaning the wound. Usually, he or she will use a special solution which will help prevent infection and will help remove pus, fluid buildup, animal saliva, and other debris that may lead to infection.

3) Stitch the wound closed. If the wound is large or gaping, the physician may choose to use stitches in order to close the wound. If stitching is not strictly necessary, the physician will often avoid using stitches. This is because sutures increase the risk of infection as well as the risk of scarring after a personal injury.

4) Offer help for infection. Depending on the bite, a doctor may prescribe an antibiotic or the antibiotic ointment to help you avoid infection. He or she may also give you specific directions in order to help prevent infection. It is important to follow these directions carefully.

5) Provide you with shots. If you had a tetanus shot five years or more ago, your doctor may give you a tetanus shot to help prevent complications. In most cases, rabies shots are not necessary because in the United States most rabies infection comes from wild animals rather than domestic pets. If the pet that bit you appeared healthy at the time of your bite, it is unlikely that you will need a rabies shot. It is possible that the vaccination record of the pet will be located to determine whether you will need a rabies shots. After an attack, a dog will generally be quarantined to ensure that it does not show signs of rabies. If it does develop signs of rabies, you will be given a series of rabies shots. If the animal cannot be found after biting you, animal control or a local health department will likely try to find the animal and test it. If the animal that has inflicted the bite wound cannot be found, you may still wish to have a series of rabies shots just to be on the safe side.

6) Follow up. Your doctor may wish to see you again in two days or so in order to check on your wound, check on your stitches, and check for signs of infection again. If at that time your infection is not under control even though you have been taking antibiotics, you may need to visit a hospital or see a specialist. You may even need to be given intravenous antibiotics or additional treatment in order to help fight the infection. If you have a serious illness that affects your immunity, you may need to take these precautions up front.

At this time of year, most homeowners work on a major spring cleanup. It is a time to clean out the garage, get rid of clutter, and tidy up the house in time for warmer months. A spring cleanup can also be a wonderful time to check the safety of your home. If you are already giving your home a closer look in order to clean it, why not take the extra time to ensure that your home is safe and secure as well as beautiful and clean? There are many ways that you can turn your spring cleanup into a safety tune-up:

1) Check your fire alarms and practice safety escape routes. Fully check all smoke detectors, fire alarms, sprinkler systems, and other alarm systems at your home. Replace the batteries on any older fire alarms, and make sure that all alarms work efficiently. If you do not have enough alarms for your home, now is the perfect time to buy more. If you do not have fire extinguishers in your home, now a good time to fix that. If you do have fire extinguishers, make sure that they are still correctly pressurized and ready to deploy in the event of a fire. If you have a safety escape route for fires, practice your route with your entire family. If you do not have an escape route, take the time to devise one and practice it now. A good escape route as well as a home that is prepared for fire can mean fewer burn injuries as well as fewer fatalities in the event that a blaze does occur.

2) Check wiring in your home as well as appliances. If there is a burning smell your home or if it has been a while since your wiring has been checked, consider hiring someone to check your wiring. Faulty wiring and faulty insulation around wiring is a leading cause of fires and burn injuries. Be sure to check all your appliances and all the electrical cords in your home, as well. Any that are worn or damaged should be replaced.

3) Clean with an eye to safety. As you clean your home and get rid of clutter, keep an eye out for any possible safety dangers that you could remove. Are your paper-filled filing cabinets located near a heat source? Your spring cleanup is the perfect time to move them. Has it been a while since you have cleaned out the lint collector in your dryer? Now is a great time to do that to prevent a fire.

4) Tackle slip and fall accidents in the home. Look for areas where clutter tends to build up on the floor and set up a new system to insure that cluttered is taken care of. For example, if clutter tends to develop on the bedroom floor, buy a large hamper that is clearly visible and allows people to drop their dirty laundry right in the hamper, keeping walkways clear. If you notice slippery spots on the floor in the bathroom or kitchen, consider adding no-slip treads to these areas to keep floors safe.

5) Keep your home child-safe during and after your cleanup. During your cleanup, take extra precautions to ensure that your home is child safe. If you have small children and are using cleaning products, make sure that you keep the cleaning products well out of sight of children even while cleaning. Or, send children to stay at a friend’s house while you complete the cleaning. If you have to open up your pool in order to clean it, make sure that children are kept indoors and are constantly supervised until the job is done and the gates and fence can be secured again. Once you have cleaned up, make sure that you stow all dangerous chemicals and tools well out of sight and reach of children.

As the weather improves and becomes warmer, many people take their bicycles out of storage after a long winter. Bicycling in the springtime is a wonderful way to get exercise and some fresh air, but it does pose some dangers. Bicycling accidents are more common in the springtime as more people head outside on their bicycles. Many drivers are not used to sharing the road with bicycles in the winter and may not be prepared to yield. You can help prevent bicycle accidents and personal injuries with a few tips:

1) Tune up your bicycles. After a long winter, your bicycle tires, brakes, and wheels may be affected. Now is the time to make sure that your bicycle is working safely and well. Check the chains, wheels, tires, and brakes to make sure that they are working well or take your bicycle to a bicycle shop for a tune-up. Make sure that all your bicycles are ready to go for the warm weather. Be especially vigilant about children’s bicycles. Bicycle accidents are a leading cause of injuries to children and minors.

2) Review bicycle safety. If you have children, now is a great time to contact their school about having a bicycle safety demonstration or presentation in school. Many local police authorities offer such services for free. All your school has to do is phone and request the service. You can also review bicycle safety with your children by yourself. Even adults who have not been bicycling for a while should consider reviewing bicycle safety and hands signaling rules to ensure that they are ready for bicycling. You can forget a lot about bicycling in a few winter months.

3) Take it slow. Don not head out on the highways or freeways on your first spring ride with your bicycle. Stick to bicycle trails until you get used to your bicycle again. While it is true that you never fully forget how to ride a bicycle after you have learned it once, it is also true that your bicycle skills may be a little rusty after winter. Your legs may also get more tired more quickly if it has been a while since you have peddled. Take it easy at first and build up your strength and confidence before heading out on more challenging routes.

4) Check helmets. Before taking out your bicycle for the first time this spring, make sure that you check your helmet for fit and safety. If your helmet has any dents, scratches, or any visible damage, consider getting a new helmet. Make sure that your helmet still fits securely and properly. If it does not, have it refitted or purchase a new helmet at a bicycle store. Helmets can help prevent a majority of brain injuries caused by bicycle accidents, so this is the piece of safety equipment you never want to be without.

5) Invest in some fun safety gear. A great way to promote bicycle safety is to buy yourself some safety gear that you really love. This is especially effective with children, who may enjoy wearing safety gear more when it is new, trendy, and fun. Look for knee and elbow pads in bright colors, for example. Consider also purchasing bright reflective clothing that will help make you visible at all times. Sunglasses keep the winds and sun out of your eyes and a good helmet is also vital.

As the weather gets warmer in the springtime, many children and teens spend more time outdoors pursuing sports, recreational activities, and other fun activities. Unfortunately, while this is extremely healthy, it can also cause an increase in bicycle accidents, pedestrian accidents, and other accidents involving children and minors. Parents will want to encourage their children to spend time outdoors and pursue their favorite activities, but there are many ways to do this safely:

1) Review safety rules. If your child is taking out their bicycle for the first time this season, or is heading outdoors for a fun evening at the park, review household safety rules. If you don’t have any rules about safety in your home, this is a great time to formulate some with your children and post them in a visible spot in your home. Remind your children, for example, to look both ways before crossing the street, and to use correct signals when making a turn on their bicycle.

2) Ensure that children are not distracted when heading out. Whether your teen is heading out for a jog or your younger child is heading out on a bicycle for the first time, encourage your children to stay alert. Discourage your children from using cell phones, mobile devices, or headphones while jogging, bicycling, or even just walking. Headphones and mobile devices distract can prevent your children from noticing cars, other pedestrians, and bicycles on the road. This distraction can easily contribute to a pedestrian or bicycling accident.

3) Set limits. Make sure that your children know the limits of what they are and are not allowed to do. Younger children may have a specific curfew or may only be allowed to go within certain boundaries. Older children may have to be back home by a later time or may have to check in with you every few hours by telephone. Set the rules and make sure that children abide by the rules at all times.

4) Maintain good contact. Cell phones are great way for parents and children to stay in touch. They can be a great way for children to let parents know when they need a ride home or when they are going to be late. Encourage your children to phone home or text home every few hours or at specific times to let you know that they are safe and well.

5) Make sure your children have the knowledge to stay safe. Even if your child learned pool safety rules or bicycle safety rules last year, that does not mean they remember them now. Have your child get a few refresher lessons in their favorite sports and activities. These can be fun and can encourage your children to stay safe at their favorite activities.