Florida Injury Lawyer Blog

Florida is the leading state for drowning deaths involving children under the age of five. It is also one of the leading states for boating accidents. Florida's many waterways provide countless hours of fun, but they can also be deadly. There are many things that can be done to help prevent tragedies this summer:

1) Be careful of any water that is two inches or more in depth. A child can drown in minutes in just two inches of water, so it's not just pools that need to be secured. Wading pools, inflatable pools, and even a bathtub can be dangerous for small children.

2) Secure all access to water. Most parents know that they need to secure a pool. However, a vacation home near a lake can pose new challenges, since toddlers are drawn to water. In many cases, drowning and water-related injuries occur when a small child wanders away from a supervised area and into water.

3) Teach children swimming skills and early. There are many swimming classes and courses available during the summer, and many focus on water safety. These classes can teach children the basics about water – such as the importance of never swimming along and the importance of not swimming after a meal – as well as the skills needed to get out of the water. For their own safety, children should be taught to swim early and should receive instruction until they are proficient swimmers and have a healthy respect for the water.

4) On a boat or any water recreational device, wear life jackets. Recreational boats – such as kayaks for kids and paddle boats – are more accessible and affordable than ever before. However, any water craft – even one that looks like a toy – poses risks. Have your children wear life jackets each time they get on a watercraft.

5) Rely on supervision. Good supervision is vital for ensuring that children do not take risks around the water. Supervision also ensures that children who do get into trouble in the water get help quickly. It is best to have groups of adults supervise children around water. Take breaks and work in shifts to ensure that adults stay alert and can focus on talking and relaxing as well as keeping everyone safe.

6) Teach your teens about diving safely. Older children and teens are inevitably drawn to Florida's many water holes and swimming areas. Unfortunately, children and teens often take risks around the water, including diving into natural waterways. This behavior leads to many Florida spinal cord injuries and brain injuries, since in some cases the water is simply not deep enough for diving. Prohibit your teens and children from diving anywhere but the deep end of a pool. As well, teach your children and teens to evaluate the depth and safety of water before diving.

Continue reading "Preventing Florida Drowning and Pool Injuries" »

Many parents across the state already know that summertime is a high-risk time for Florida injuries to children and minors. After all, summer is a time when most children are home from school and taking part in all sorts of activities – including activities that are less supervised. Most children are also taking part in swimming and in sporting activities, which pose their own dangers. Older teens may be driving about for the first time, and even going on road trips, leaving parents worried about Florida car accident rates.

However, many parents may in fact be surprised to learn about the most common injuries to children and minors at this time of year. According to a recent article in the Sun Sentinel, gun accidents and drowning are among the biggest risks to children in the summer. The good news is that these types of accidents are in fact very preventable.

Many parents do not expect firearm injuries to be a leading concern for summertime injuries. However, the Centers for Disease Control and Prevention and the American Academy of Pediatrics report that firearm injuries are the second leading cause of death for children year-round. Only car accidents cause more childhood deaths. Statistics show that in Palm Beach County, Florida, one child dies per month, on average, due to firearm injuries.

In 2010, a 4-year old shot himself in Miami Gardens after picking up a handgun belonging to a visitor. In May, a teen in Palm City was showing a handgun to a friend when the gun accidentally went off and shot the teen. In Miramar this year, a toddler accidentally killed his mother after picking up a handgun in the home. In all these cases and in other Florida firearm injury cases, officials say that the problem was an unsecured and easily accessible handgun. According to authorities, the summer poses an especially high risk for firearm incidents involving children because children are home for longer stretches of time, during which they have access to any unsecured weapons. Police authorities as well as pediatric physicians have expressed concern that parents check their weapons to ensure any firearms in the home are secured and safely stowed out of children's reach.

The risk of Florida drowning and pool injuries is also very high. The number of waterways and pools as well as the weather mean that there are simply more people in the water – and therefore more children and adults at risk of injuries. More children in the under-5 category die of drowning in Florida than in any other state, according to the Florida Department of Health. In many cases, children are unsupervised when they drown. According to authorities, teaching children swimming skills early and being vigilant about securing any water areas – including pools but also including any area with more than two inches of water – is a must.

Continue reading "Summer is a High-Risk Time for Some Surprising Injuries to Children and Minors" »

Research has show that many individuals complete tasks on autopilot – without thinking about them – and this may place children at risk of serious injury. According to the study created for the Child Accident Prevention Trust less than half of parents store cleaning products safely or move hot drinks away from children, simply not thinking of the dangers. The study surveyed 5000 parents and found that 25% could not remember stopping at traffic lights. Another 50% had to turn back to remember whether they had locked the door.

According to the researchers, much of the problem is that people have so much to remember, that many simply function of autopilot just to get through the day. Katrina Phillips, the chief executive of the Child Accident Prevention Trust, says that the study results actually show that parents can keep their children safer – simply by creating safety routines that become part of autopilot. When safety habits are second nature, parents will automatically do the safe thing, reducing the risk of injuries and accidents. There are many ways that parents can do this:

1) Make it a habit to put away cleaning products as soon as you are done cleaning. This way, there is less risk that a child will open the product. Store cleaning products high, where children cannot get at the items.

2) Get into the habit of placing hot beverages (such as coffee) in higher places, where young ones can't reach. This will mean that children are less likely to suffer Florida burn injuries caused by hot liquids. After a while, it will become second nature to look for a higher shelf to set down your coffee.

3) Close the safety gate behind you quickly as soon as you walk through one. According to Dr. Pat Spungin, a parenting psychologist, repeating an action regularly allows it to become a habitual behavior. While learning the behavior may require some thinking at first, it will soon become a behavior done on autopilot.

4) Open windows at the top and push furniture away from windows. When opening a window, automatically secure it. Better yet, create safety features in your home – such as windows that only open at the top or windows that have installed safety bars which do not need to be removed – which do not require you to remember any safety precautions when opening a window. According to a study in Child Safety Week, 4,000 children are injured every year as a result of accidents involving windows. Falls usually prove fatal or result in serious Florida brain injuries or spinal cord injuries.

Continue reading "Researchers Find that Autopilot Parenting Contributes to Injuries to Children and Minors" »

Now that summer is well under way, many states – Florida among them – want to put a stop to drunk boating accidents. While Florida drunk driving accidents are a cause for concern, many people do not realize that boating while intoxicated causes some of the same dangers. Many states this year are creating initiatives to help reduce boating accidents caused by alcohol consumption.

Studies show that alcohol is the chief reason behind boating accidents. According to the US Coast Guard, there are 12.4 million registered boats in the US. In 2010, there were 330 alcohol-related boating accidents across the country, resulting in 126 deaths and 293 injuries. Florida has a special role to play in preventing boating accidents. The state has many waterways, a larger percentage of boat owners than most states, and a significant percentage of boat accidents.

Many experts point out that the comparisons between intoxicated boating and drunk driving and apt. Boats can weigh a ton or more – as much as a passenger vehicle. Unlike a car, however, boats do not travel along lanes of traffic and do not have the advantage of traffic signs and brakes. This can make it even easier for an intoxicated boater to plow into another boat or into a swimmer.

As well, boating involves some additional dangers. Boaters experience direct sunlight, the vibration of the boat, wind and noise on the open water, and the heat of the sun. These can amplify alcohol's effects, warn experts, especially in Florida, where temperatures and sunlight can be more intense. According to boating safety coordinator, Maj. Chris Huebner, quoted in a news article, one third of the alcohol required on land to become impaired can make a boater impaired. This is due to the stress factors of boating which can intensify the effects of alcohol.

Some legislation has been proposed to fight drunk boating. The National Association of State Boating Law Administrators, for example, has proposed a national standard for marine field sobriety tests. If passed, the proposal would allow authorities to test boaters' blood alcohol levels while the boaters are seated. Some states – including Oklahoma and Iowa – have lowered the legal blood alcohol level of boaters to the levels required of drivers (0.08%). Each year, authorities and police departments across the country also take part in "Operation Dry Water" to raise awareness about boating under the influence and to remove intoxicated boaters from waterways. In 2010, 12 boaters were charged with boating under the influence (BUI) during the Operation Dry Water weekend.

Continue reading "Florida Wants to Crack Down on Boating Accidents Caused by BUI" »

If you have an elderly loved one in a nursing home or care facility, the summer poses some unique challenges. Elderly loved ones can be especially susceptible to heat stroke, dehydration, and other common summer ailments. It is important to visit loved ones in the summer and look for problems such as:

1) Inadequate time outdoors. Once the weather is pleasant, elderly loved ones should spend some time outdoors, enjoying fresh air. However, outings should be supervised to ensure no trip and fall accidents. In the summer, outings can ensure that patients do not suffer from bed sores and other types of neglect.

2) Ground maintenance issues. Care facilities may need to water lawns and gardens but any areas where patients walk should be kept free of debris, overhanging branches, and puddles. Even the puddles which form from sprinklers can increase the chances of a Florida slip and fall accidents, so it is important to ensure that the grounds are well-maintained and safe.

3) Insect bites. For bed-ridden patients and patients with decreased mobility, bed bites can be a serious problem. They can cause considerable discomfort and can even become infected if not attended to. Care facilities and nursing homes should have screens and netting in place to ensure that insects do not get into the facility too easily. Patients who go outside should not be left unattended for long periods of time. Any insect bites that do occur should be treated to ensure the patient's comfort.

4) Heat stroke, sunburn, and dehydration. These common summer ailments can affect anyone, but elderly loved ones can be especially vulnerable if they need help with everyday tasks. Look for signs of problems, such as slurred speech, confusion, obvious signs of sunburn, and chapped lips. Patients should be given plenty to drink and should not be left outdoors in the sun for more than a few minutes. Elderly loved ones should get help applying sunscreen when they do go outside and there should be fans or air conditioning in use indoors to maintain a safe temperature.

Continue reading "Summer is Time to Be Concerned About Florida Elder Abuse and Nursing Home Neglect" »

In Florida, bounce houses and inflatable slides are a fun way to celebrate children's birthdays and summer festivals. These amusements are especially ever-present during the summer. However, a spate of injuries has some parents and experts questioning the safety of these amusements. According to Rideaccidents.com, there have been 10 reported accidents involving inflatable slides, bounce houses, and other similar inflatables over the past two months alone. More than 40 people suffered injuries as a result of these accidents.

High winds are a major risk factor with such amusements. Reputable operators report closing down this type of entertainment when winds exceed 15-25 miles/hour. However, there are multiple cases of accidents caused by winds. In the past month, a number of injuries were reported in Oceanside, New York, when inflatable rides were carried away by the winds at a sporting tournament. One woman was critically injured in the incident.

According to the National Association of Amusement Ride Safety Officials, such accidents are in fact quite common because in many cases the rides are not correctly inflated or installed. The National Association of Amusement Ride Safety Officials notes that such rides and inflatables have different standards from different manufacturers, and these must be followed very closely to ensure safety. In most cases, the inflatables need to be installed with metal stakes rather than sandbags.

Another problem may be that there are no laws in Florida which regulate inflatables such as bounce houses. While reputable operators follow manufacturer directors and the standards outlined by the American Society for Testing and Materials, no operators are required to adhere to these standards and face no penalties if they fail to do so. Florida's Bureau of Fair Rides Inspection is responsible for inspecting fair rides, but inflatables are not part of their responsibility. In fact, these amusements are exempt from inspections by the Bureau of Fair Rides Inspection in Florida.

There are safety precautions available with some of the higher-end slides and inflatables. Some, for example, have safety air bags which give children extra time to leave the inflatable if it starts to deflate. As well, reputable operators supervise rides carefully to ensure that there is no running down slides and no overcrowding – two risk factors which can contribute to Florida personal injury accidents on these slides.

Continue reading "Personal Injuries to Children and Minors Possible with Inflatable Slides and Bounce Houses" »

A new research study by The Center for National Truck and Bus Statistics at the University of Michigan Transportation Research Institute (UMTRI) of fatal bus accidents across the country found that school bus drivers have the best safety record of all bus drivers but there are more deaths linked to school bus accidents. This may be due in part to the fact that there are more school buses on the road than other types of buses. Researchers compared charter buses, school buses, transit buses, intercity buses and other buses as part of their study.

School buses accounted for more than 39% of the total number of buses. According to researchers, the number of fatal school bus accidents rose 7.5% between 2007 and 2008. About 40% of all fatal bus accidents involved school buses. As well, researchers found that about half of all fatal bus accidents took place in two time periods – between 2:00-4:59pm and between 6:00-8:59pm – as these were the hours in which school buses were most busy.

Transit buses across the country were involved in 86 fatal accidents in the time frame of the study. Intercity buses were a factor in nine fatal bus accidents and charter buses were involved in 27 fatal bus accidents in the same time period. About 41 "other" buses were involved in accidents during this time period and 10 "unknown" types of buses were involved in fatal crashes during this same time.

According to researchers and the Center for National Truck and Bus Statistics at (UMTRI), a large part of the reason why school bus accident rates are so high is simply because there are more school buses on the nation's roads. In 2009, there were 480,000 school buses on the roads and these school buses made 10 billion trips, for example, while transit buses made over 5.4 million passenger trips. As well, researchers at the UMTRI found that in half of fatal school bus accidents, the bus drivers were not at fault. In the study, 25 of the fatal school bus accidents occurred when a vehicle struck the school bus head-on. About 11 of the accidents occurred when a vehicle rear-ended the school bus and in nine of the accidents a vehicle swiped the school bus.

One unfortunate statistic is that fatal Florida bus accidents involving school buses were most common. Of all the states, Florida had the most such accidents, with 14 occurring in the state. Georgia, New York, California, Texas, Illinois, and Ohio had between six and nine fatal school bus accidents. Other states had less than five fatal school bus accidents the same year.

The NHTSA FARS shows that for the 2007-2008 school year, 21 fatal pedestrian accidents and seven fatal bicycle accidents occurred due to school bus collisions. However, the study by UMTRI researchers found that school bus drivers were safer, ob average, than other bus drivers. 91 of the 120 school bus drivers involved in fatal bus accidents had no previous accidents while 15 of the drivers had only one prior accidents. According to researchers, this presents the best pre-accident record of all bus drivers.

Continue reading "New Research Could Give Insight into Florida Bus Accidents" »

Underage drinking is a serious problem in Florida, leading to many Florida drunk driving accidents. However, according to Mothers Against Drunk Driving (MADD), it also leads to many other types of injuries and health issues. In fact, underage drinking leads to 5000 deaths each year, and about 1900 of these are due to drunk driving accidents. According to MADD, the dangers include:

1) Injuries to minors and children. When teens and youths drink, they often take risks, such as boating under the influence or attempting daring feats. Many young Florida spinal cord injury patients and brain injury patients sustained their injuries while under the influence. According to MADD, underage drinking is a contributing factor to 1600 homicides across the country each year.

2) Sexual abuse. Underage drinkers are more likely to have unprotected intercourse. They are also more likely to become targets for predators. When drinking, teens are less able to defend themselves and less able to anticipate and get out of dangerous situations.

3) Substance abuse. Underage experimentation with alcohol can also lead to experimentation with drugs, according to MADD. As well, teens who start to experiment with alcohol early are more likely to become dependant on alcohol. MADD statistics suggest that teen who start drinking before their 15th birthday are four times more likely to become dependant on alcohol than peers who start drinking at the legal age.

4) Brain injuries and damage. Teens who drink are more at risk of sustaining brain injuries in accidents and pranks. However, drinking itself can also cause brain damage. When drunk in excess, alcohol can impact developing brains and cause permanent brain damage. The biggest risk is with binge drinking, which for a teen girl can include as few as four drinks at a time.

Continue reading "Underage Drinking Doesn’t Just Lead to Florida Drunk Driving Accidents" »

About 250,000 individuals across the US suffer from severe spinal cord injuries. In Florida, car accidents, violence, and falls are the leading causes of such injuries. Many Florida residents do not realize the high costs of spinal cord injuries until they are faced with the high medical costs after an accident. According to research done by The University of Alabama National Spinal Cord Injury Statistical Center, the costs for an initial hospitalization after a spinal cord injury can be $140,000. For a High Tetraplegia (C1-C4) injury, the costs for the first year alone can be $626,588 Thereafter, the first year of recovery costs an average of $198,000, although it can be much higher, depending on the type of injury sustained. The average lifetime cost of a spinal cord injury for paraplegics who are injured at the age of 25 is $428,000. For quadriplegics patients injured at the same age, the total is $1.35 million. According to The University of Alabama National Spinal Cord Injury Statistical Center, 47% of spinal cord injury patients are quadriplegic.

These costs do not even take into consideration the incidental, non-medical costs to spinal cord injury patients. According to the National Spinal Cord Injury Statistical Center, 87.9% of spinal cord injury patients are released back home after initial hospitalization and 5.6% are released into nursing homes. This can create a host of additional costs.

For example, Florida spinal cord injury patients released back home will generally need to pay for transportation to and from the hospital for treatment and may need home renovations to make their homes accessible. If the injury was sustained in a car accident, they may need to replace their car with a more accessible car and potentially pay for nursing care as well. The costs of a Florida spinal cord injury patient in a nursing home can also be very high, since these patients typically require around-the-clock care and assistance.

The financial news for spinal cord injury patients is even worse. According to The University of Alabama National Spinal Cord Injury Statistical Center, only 52% of spinal cord injury patients have private health insurance when they are injured and a full 63% of such patients still are unemployed eight years after their injury. High medical costs, combined with limited access to insurance and employment can create financial devastation for a lifetime.

Florida and the US also suffer financially due to spinal cord injuries. According to Proneuron Biotechnologies, spinal cord injuries cost America $14.5 billion each year in disability assistance and medical costs. These injuries also cost an additional $5.5 billion a year to the US in lost productivity.

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