Florida Injury Lawyer Blog

Many Florida parents are concerned with preventing injuries to children and minors. Serious childhood injuries are the dread of every parent, but childhood injuries continue to be a major cause of emergency room visits each year in Homestead, Hollywood, and Miami. Worse, some childhood injuries – such as Florida burn injuries or brain injuries – result in life-long impairments. Since parents cannot supervise their children around the clock, a major part of parenting involves teaching children basic safety rules. The best way to do this is to:

1) Be specific. Children might not understand what you mean when you say “Don’t play near trucks.” Children need to know exactly what to do and what not to do in various situations. Role playing is a good way to teach children safety rules. For example, practicing a fire escape plan is better than explaining to your child what to do in the event of a fire. Most communities and emergency response departments have educational material for parents and teachers that makes learning safety rules fun.

2) Make and enforce consequences. Children should know that when they break safety rules, they will miss out on special treats or fun. This will help enforce the importance of the rules and will ensure that children are motivated to follow them.

3) Let children make their own safe choices. Getting children involved is a great way to help teach them about safety and is a great way to ensure that they actually follow the rules. For example, bicycle helmets can help protect your child from serious injury in a bicycle accident; let your child select a helmet they actually like and will enjoy wearing. Or, let your child help you come up with fair punishments or consequences if they fail to follow safety rules.

4) Explain the reasons why you have specific rules. Children will respond better to more rules if they understand why those rules are in place. What can seem obvious to parents – not swimming alone can help prevent pool accidents and drowning – may not be clear to a child. Many parents worry about scaring their children, but explaining frankly and calmly why certain rules are in place empower children to make the right decisions.

5) Go over rules regularly and make rules easy to understand. Sometimes, children ignore safety rules because they forget or get too excited about a special event. Even children that have been taught to look both ways before crossing the street, for example, will dart out into traffic if they are following a favorite toy. For a small child, it sometimes seems like there are a lot of safety rules (and there are!). Frequent, gentle review will help make these rules safe habits.

6) Account for peer pressure. Children want to fit in and sometimes peer pressure means they make poor choices. Your teen may know that texting and driving can lead to a car accident, but when friends are present, it can be hard to ignore a ringing cell phone.

At this time of year, many festivities include fireworks and many stores make fireworks available for purchase. While fireworks are a fun way to celebrate the Fourth of July and other summertime holidays, however, they are also a cause of serious injuries to minors and children. Fireworks can cause burn injuries, skin lesions, broken bones, brain injuries, eye injuries, and other serious injuries.

Unfortunately, although many fireworks injuries are preventable, they still do occur far too frequently. According to the Consumer Product Safety Commission (CPSC), in 2007 alone, roughly 7,000 people were admitted to ERs due to fireworks-related injuries and about seven injuries related to fireworks proved fatal that year. About half of the serious fireworks-related injuries that year involved children under the age of 15.

According to the CPSC, 2007 was not an unusual year. Each year, thousands of people are seriously injured by fireworks and a large percentage of these victims are children. During most years, the CPSC reports an increase in fireworks-related injuries in the weeks surrounding July 4th. During this time of year, fireworks are often most available in stores and homes. Men and boys are more likely to be injured by fireworks than women and girls. As well, statistics have shown that people who are simply watching fireworks are less likely to be injured than those who are handling fireworks.

Many parents and caregivers assume that some types of fireworks are more dangerous. For example, parents understand in many cases that roman candles, traditional firecrackers and bottle rockets are dangerous. However, many parents allow their children to play with sparklers, assuming that these are safer brands of firecrackers. In reality, however, sparklers can reach temperatures of more than 1000°F and account for about 10% of injuries caused by fireworks each year. About half of all children under five who sustain fireworks-related injuries are injured by sparklers. The truth is that there are no safe fireworks for children. Since all fireworks and firecrackers create sparks and involve high temperatures, none of these products are child-safe.

According to the American Academy of Pediatrics, the best way for parents to avoid fireworks-related injuries is to avoid buying fireworks for home use. Instead, the American Academy of Pediatrics recommends attending public displays of fireworks. Since these displays are usually organized by professionals, they tend to be safer. Professionals know how to set off fireworks in a controlled and safe fashion. As well, in public fireworks displays, the public is usually kept at a safe distance, preventing the types of injuries which can occur with close proximity to fireworks.

According to the CPSC, the hands are the most often injured body part in fireworks-related incidents, followed by the eyes, head, and facial area. In more than half of fireworks incidents, burn injuries were the resulting injury. However, fireworks-related injuries can also include lacerations, contusions, foreign objects in the eye, blindness, and other serious injuries. In some cases, fireworks can also cause car and home fires.

Summer time is a great time to kick back and enjoy the warm weather. Unfortunately, summer is also a dangerous time for burn injuries. Hot surfaces, grills, summertime fireworks, and campfires can pose real risks. Children and minors are especially subject to summertime burn injuries. Among the offenders at this time of year:

1) Campfires. Everyone loves toasting hot dogs, marshmallows, and s’mores around a roaring campfire while telling ghost stories. Make sure that your campfire memories are all positive ones, however. Never allow children or teenagers to light their own fires unsupervised. Have an adult present at all campfires and keep a bucket of water as well as other extinguishers nearby to properly extinguish the fire and to keep it in check. Avoid having very young children around a campfire – they will be curious about the flames and may not know to avoid the fire.

2) Fireworks. Fireworks injuries cause not only burn injuries but also facial and head injuries each year. Fireworks are powerful enough to cause amputations and serious life-threatening injuries. Rather than having your own fireworks (which will necessitate having fireworks at home), visit a public fireworks display, where professionals work to ensure a safe fireworks display for everyone.

3) Fuel used in generators. If you use a generator at your cottage or summer home, make sure that the fuel for the generator as well as the genitor itself are kept well out of reach of children. Teach children to avoid the generator.

4) Camp stoves, grills, fire pits, and barbeques. When the kitchen gets overheated in the summer, many of us head outdoors for a grilled meal. However, the smells and food of your grill or barbeque may intrigue children. Always supervise grills, camp stoves, fire pits and barbeques closely and do not walk away from them, even for a minute. A minute is all it takes for a child to open a grill and burn themselves. Buy child-proof lighters and keep these as well as fuel sources well out of children’s reach. Finally, make sure that you set up your grill or barbeque well away from eaves, trees, bushes, and buildings to prevent a fire hazard.

5) Hot surfaces. In the summer, plastic toys, slides, and even asphalt sidewalks can all get hot enough to hurt a small child. While these injuries are not severe, they can hurt and can be severe enough to cause blistering and heat rash. Encourage your children to wear shoes rather than heading out barefoot. As well, cover outdoor playground equipment or set it up in the shade so that the surface remains cool. Keep a windshield cover in your car or run the air conditioner for a few minutes before seating your children so that they do not burn themselves on hot car interiors or seat belt buckles.

Summertime is a great time to check the batteries on your home fire alarms and a great time to review your family’s fire escape plan. Don't forget these two vital activities before you dive into summer fun.

At this time of year, many Americans head to the cottage. Whether you own a vacation home or rent a cottage for a few days or a few weeks, having a home away from home provides a much-needed respite from ordinary life and from the urban summer. However, life at the cottage also means an increased risk of some injuries:

1) Drownings and water-related injuries. Many cottages are located near a lake and offer plenty of water sports opportunities. Many cottage-dwellers love to swim in the lakes near their homes and love to try their hand at boating. While these activities can be exhilarating, they can also increase the risk of boating accidents and water-related injuries, especially if you are not used to water sports. It’s important to keep in mind that lakes are very different than pools. Lakes have undertows, currents, changing weather conditions and risks such as wildlife and underwater plants – risks which simply do not exist with pools. It is vital to emphasize to your entire family the importance of using a buddy system when swimming. It is also useful to swim and play in lakes with lifeguards, where possible.

2) Injuries to minors and children. It is often much harder to supervise children and minors in cottage country. You can place a large fence and sturdy gate around your home swimming pool, but you cannot do the same with a large lake. It takes more effort to supervise children near a cottage, where conditions are less child-safe.

3) Head injuries. Head injuries can easily happen in cottage country as a result of bicycle rides along rough hiking trails or as a result of boating accidents. Going to the cottage means more activity for most families, and many of the activities we take part in on vacation carry with them the risk of head injuries. It is important to use proper safety gear (such as life jackets on boats) during all activities. Proper gear can help prevent many of the more serious accidents that take place each year.

4) Broken bones, cuts, and scrapes. Bruises, scrapes, and bumps are an inevitable part of spending time in the great outdoors, but these minor injuries can still cause misery and suffering, especially for the younger members of your family. It’s a good idea to pack a first aid kit to prepare yourself for any minor incidents. Also, keep allergy medication as well as a bug kit (complete with insect repellant and after-bite ointment) on hand.

5) Slip and fall injuries. Trip and fall as well as slip and fall injuries are quite common in cottage country, where roads tend to be unpaved and families tend to trek along unpaved (and sometimes unmaintained hiking trails). Packing sturdy hiking and walking shoes is essential when heading out to the cottage. Using extra caution around the cottage is equally important.

It’s every parent’s worst nightmare: a phone call from summer camp, announcing an injury. Fortunately, serious injuries at camp are relatively rare. However, if your child has sustained an injury at summer camp, there are a few things you need to do:

1) Focus on your child’s medical attention first. While you may be angry or upset, stay calm and find out where you child is right now, what medical attention he or she is getting, and what the prognosis is. Then, contact the doctor or hospital in charge of your child’s care. Make sure the staff have all information about your child’s allergies and any existing medical conditions your child has. You do not want a medical error to complicate your child’s recovery. As soon as you can, you will want to travel to see your child and help him or her through the injury.

2) Start getting answers and gathering documentation. Once you are calmer and have ensured that your child has had proper medical care, contact the adult in charge of supervision at the camp and ask for details about what happened to cause your child’s injury. Make sure that you find out – and write down – who you spoke to, the details of the conversation, and the time and date of the discussion.

3) Ensure an investigation is launched immediately. Ask the camp supervisor to fill out an incident report, take witness statements, and start an investigation into the incident. Ask to be appraised of progress. Then, follow up to ensure that an investigation has actually been launched.

4) Ask a lot of questions. Determine how and when your child was being supervised. Ask what safety precautions were in place when the accident took place. Ask your child about what happened. The more you know, the more likely you will be able to determine whether the accident was preventable.

5) Contact a personal injury attorney. Do not sign anything until you speak with a personal injury attorney. Even if you are not sure you have a case, it is a good idea to contact a good Florida personal injury attorney. He or she can advise you of your rights and can even launch and independent investigation if the camp is not willing to look into the incident. If you are not sure where to find a qualified attorney, contact the Flaxman Law Group.

Although definitions vary widely, many Florida personal attorneys use terms such as “low-ball offers,” “fair settlements,” and other specialized language. A good Florida personal injury attorney will take care to explain pertinent terms to you. For example, the attorneys at Flaxman Law Group take pride in making even the most complex legal terms easy to understand. In any personal injury case, you may encounter a few new terms:

1) Low-ball offer. Although precise definitions of this term vary, a low-ball offer usually refers to a claim made by an insurance company or another party which is deemed too low. In many cases, a low-ball offer is low because it will not adequately cover all the costs, lost income, medical care, and other expenses in a typical case. It is quite frequent for parties to offer injured persons a low-ball offer, which is why it is important to consult with a qualified personal injury attorney before accepting any offer.

2) Liability. Liability refers to legal responsibility, and is used to determine who (if anyone) must pay damages to an injury victim. In many cases, there are multiple persons who can be held partly responsible in a personal injury case. For example, in a truck accident, a driver can be held liable for the accident. However, the manufacturer of the truck, the trucking company, and even the company that repairs the roads may be partly liable for an accident. In a personal injury case, it is important to seek out everyone who may be liable, as this can help ensure a fair settlement for the accident victim.

3) Plaintiff. The plaintiff is the party who launches a legal case. In a personal injury case, the plaintiff is usually the accident or injury victim. In most personal injury cases, an insurance company or larger company is the defendant, or the party answering the charges or claims made by the plaintiff.

4) Out-of-court settlement. Many personal injury cases end in an out-of-court settlement, which means that a defendant agrees to pay the plaintiff a settlement rather than risk going to court with the case (where the plaintiff may be awarded an even larger settlement by a judge). In addition to an out-of-court settlement, personal injury cases can also go to court, where a judge can rule in favor of the plaintiff or against them. In some cases, a plaintiff decides to drop a case.

5) Contingency basis. Many accident victims who have been injured in a car accident or other serious mishap do not have the financial resources to take on a large insurance company or larger firm. However, most companies are covered by powerful insurance providers who have virtually unlimited financial resources. This can create an inequality, which is why many Florida personal injury attorneys work on a contingency basis, meaning that they are paid out of the settlement proceeds. When attorneys work on a contingency basis, they take on all the risk of a case. They are only paid if and when a plaintiff wins a settlement. If the case is lost or dropped, attorneys will not charge the client legal fees.

At this time of year, many homeowners open their pools for the summer. If you have an outdoor pool, you may hire someone to open the pool or decide to open it yourself. After the pool cover has been lifted and the water cleaned and ready, however, you need to finish opening your pool by inspecting your pool area for safety. Whether you open your pool yourself, or have someone else do this for you, you need to personally:

1) Check the pool area for any signs of damage. Check handrails, ladders, diving board, pool cover, and the pool itself. Wear and tear as well as damage can make swimming in your pool less safe and can make you vulnerable to injury. For example, you will want to check your diving board carefully. A poorly maintained diving board can break and cause a swimmer to go into a free fall, which can lead to spinal cord injuries or brain injuries. If your diving board has any stress cracks, replace it. Your board should have a non-skid surface. If the surface is smooth, there are refinishing kits which allow you to add a non-skid surface to your diving board for a reasonable cost.

2) Pay attention to your fencing and gate. Premises liability cases can easily result if your fence and gate are not well maintained. Now that you will be entering and leaving the pool area regularly, you will need to make sure that the gate and fence are secure. Consider installing an alarm to alert you to when someone enters the pool area. This will prevent children from wandering near the pool unsupervised. Studies have suggested that isolation fences are the best defense, and can prevent 50 to 90% of child drownings when used correctly. Considering that drowning is the second-leading cause of toddler deaths related to injury, according to reports by the CDC (Centers for Disease Control), isolation fences are a good idea. Isolation fences can also help prevent injuries. According to some research, for every child who drowns in a pool, between 3 and 8 other children are taken to an emergency room for pool-related submersion injuries, which can result in permanent damage. In addition to isolation fencing, homeowners with pools may want to install property-line fencing as an added layer of protection. All isolation fences around pools should include a self-latching, self-closing gate, as these gates offer the most protection.

3) Go over pool rules. Many pool injuries are preventable. Make sure you review basic safety rules – such as no running near the pool, no swimming alone, and always lock the gate behind you – with your entire family. Write up the pool rules and post them near the pool for guests.

4) Set up a pool cleaning and inspection schedule for summer. Proper maintenance and inspection will ensure that your pool area is safe and any maintenance issues are dealt with right away – before they cause an accident.

5) Add safety features to your pool. This is a good time to add some safety features to your pool. A non-skid surface near the pool, for example, will help you prevent slip and fall accidents. Good handrails or an alarm system can also help protect your pool. If you add a safety feature or two each year, you will soon have layers of protection, making your pool safer. According to the National Drowning Prevention Alliance, layers of protection are the best way to avoid drownings and pool accidents.

Suffocation and strangulation are two risks that cause many fatalities and injuries to children each year. Since children and infants have smaller airway passages, they are not prone to suffocation. As well, young children and infants simply have not developed enough to know what to do if they suddenly cannot breathe. An infant does not have the motor skills to move and gasp for air, while a young child who is suffocating will often panic. According to The American Academy of Pediatrics, the U.S. Consumer Product Safety Commission, and Centers for Disease Control and Prevention (CDC), there are several things that parents can do to help prevent suffocation and strangulation:

1) Watch out for plastic bags. Plastic bags from consumer product packaging or from the grocery store can pose a serious hazard for small children and infants. If you have small children in your home, dispose of all plastic bags and wrapping materials at once. Be sure to remove packaging and wrapping material from all children’s toys and products as well.

2) Watch out for small toys and objects. Marbles, coins, and a dozen other smaller items around the house can pose a choking and suffocation hazard for infants and small children. Children who are just learning to crawl are especially vulnerable, as their curiosity may lead them to sample any small items found under furniture or on the floor. It is essential to be vigilant to avoid any small items from falling into the hands of small children.

3) Be wary of food – especially food fed by others. Small children can easily choke and suffocate on nuts, peanuts, candies, hard biscuits, and other like foods. However, an infant’s older siblings may not understand that a treat is not safe for baby and may attempt to feed a younger brother or sister such dangerous foods. It is important to explain to your baby’s older siblings the importance of never offering any small items to a baby.

4) Check children’s toys regularly. Online recall notices and warnings can tell parents when a child’s toy has been recalled due to choking hazards or other hazards. In addition, online news items can alert parents to product liability claims made against children’s products – even when those products have not been officially recalled by a manufacturer. However, it is important to keep in mind that just because a toy has not been recalled, it does not mean that it is safe. And even safe toys can be unsafe if they are used by younger children or become worn with use. Make certain that your child is not using toys intended for older children – these toys may have small parts which can be dangerous to a younger child. As well, check the condition of toys regularly. Even a safe toy can become unsafe if a child has partially broken or chewed the toy, creating small pieces which may break off.

5) Do a regular check of your home. When tidying your home, it is a good idea to keep an eye out for any strangulation or choking hazards. Many times, perfectly innocuous objects – a jar of small seashells or a lamp with a pull cord – can pose hazards to children, so it is important to review one’s home with an eye to safety regularly.

6) Place babies to sleep in a crib with a correctly fitted mattress and no pillows or other objects that can cause suffocations. Each year, 50 babies strange or suffocate due to unsafe cribs, so check regularly to make sure your crib design has not been recalled and is in good condition.

7) Do not allow younger children to wear clothes with drawstrings or long ribbons. Between 1985 and 1995, 17 children died and 42 suffered inquires after getting drawstrings from clothing tangled in furniture, playground equipment, and fences.

Warm weather is a wonderful thing for just about everyone, but for the elderly who are in care or in nursing homes, hot weather can mean a whole new area of risks. While most nursing homes are contentious about providing quality care year-round, not all facilities take extra precautions during the summer. Unfortunately, some instances of negligence and abuse occur in nursing homes at this time of year because some facilities are simply not prepared for the warm weather. If you have an elderly loved one in a nursing home or other care facility, now is a good time to check that the facility is taking care of your loved one. Some questions to ask include:

1) Does the nursing home provide air conditions, fans, or other devices for cooling the air? Extremely warm temperatures are uncomfortable and for the elderly they can be dangerous. Very high temperatures can lead to weakness, trouble breathing, and other health problems. High temperatures can also be dehydrating and can lead to slip and fall accidents or trip and fall accidents if patients get weak. Make sure that the facility is kept at a reasonable temperature at all times.

2) Does the nursing home provide plenty of fresh water and drinks that are in easy-to-reach places? During the warm weather, proper hydration is essential as the body loses more water. Plenty of fresh water and other drinks should be available, but should be available in such a way that each patient can easily reach a drink at any time. For example, bed-ridden patients should be provided with plenty of fresh water and drinks right by their bedside.

3) Does the nursing home or facility provide safe outdoor activities in the summer? Residents should be encouraged to enjoy the grounds and even to go swimming, where possible. The summer is a great time to enjoy some activity. However, it is important that all residents are carefully supervised at all times to prevent injuries and accidents. If the facility has a swimming pool, for example, that pool should be carefully locked up when not in used and should be guarded by a qualified lifeguard when in use to prevent pool accidents. Similarly, during outdoor activities, care should be taken to ensure that all residents wear sunscreen and hats and are not left in the sun for extended periods of time.

4) Does the nursing home or facility pay close attention to food storage in the summer? In the summer, food spoils more easily, so care must be taken to remove food from the table before it spoils. Care must be taken with condiments and other items typically left on tables, especially.

5) Does the nursing home or facility keep track of resident’s diet and appetite in the summer? During warm months, appetites may wane and it is important that facilities keep track of residents to ensure that residents do not lose too much weight or get too week. During the summer, seasonal fruits and vegetables can be added and should be added to most resident’s diet as fresh produce is cooling, nutrient-rich and water-rich for the summer months. It can help keep residents hydrated and healthy.