Articles Posted in Injuries to Children

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Our Orlando child injury lawyers know that when you send your child to school each day, the school accepts responsibility for your child’s safety and well-being. This is a “duty of care” owed by the school. The question at issue in Florida child injury lawsuits is often the extent of that duty. Orlando child injury lawyers

In the past, Florida’s sovereign immunity laws were generally thought to bar lawsuits against school districts (a government entity), even when their actions resulted in the personal injury of a child. Then in 1981, Florida’s 1st District Court of Appeal ruled the state’s amended sovereign immunity law was unconstitutional, and that a school district could be held liable for failure to supervise an extracurricular activity resulting in personal injury. This decision was affirmed by the Florida Supreme court in Rupp v. Bryant. In 1984, Florida’s 5th District Court of Appeal ruled in Leahy v. Sch. Bd. of Hernando Cnty., that in the context of student athletes, schools have a responsibility to avoid aggravation of injury. In 2000, Florida’s 2nd District Court of Appeal expanded consideration of duty owed by a school, widening analysis to factual scope, extent and performance of that duty.

Still, Orlando child injury lawyers know that claims against school districts can still be difficult, given the hurdles we must overcome due to the fact that sovereign immunity laws do still apply, though waiver can be found in F.S. 768.28. Claims under this provision are also capped at $200,000 per person and $300,000 per incident, the only exception being those who press for an individual claims bill through the state legislature. Continue reading →

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A recent feature in The Chicago Tribune detailed the lifelong struggle of a child – now a man – diagnosed with Erb’s palsy shortly after birth. Today, the young man is now a junior at a university in Illinois, overcoming countless challenges following his birth injury in Florida that an Erb’s Palsy lawyer can explain impacts as many as two in every 1,000 babies, according to the American Academy of Orthopaedic Surgeons.Erb's Palsy Lawyer

The story detailed how the mother and son first realized the uphill battle they’d both face: When he was 6-years-old and cried because he was unable to tie his shoe with a single hand. His mother, however, would not allow her son to use the word, “can’t,” and instead spent months teaching herself to tie her own shoe one-handed so she could teach her son. That kind of persistence paid off, and today, the 6-foot-6-inch shooting guard (whose parents – both former college basketball stars themselves – still live in Florida) is considered an inspiring success story. However, a birth trauma attorney recognizes that such heartwarming successes do not come easy.

Those who suffer from birth injuries like Erb’s Palsy can expect long-term difficulty impacting not just their physical ability, but social development, educational opportunities and career prospects.

How a Palm Beach Erb’s Palsy Lawyer Can Help Continue reading →

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Baby injuries caused by infant walkers have shrunk has the standards for these child products have tightened. Fewer people are using them and product designs are more stringent. However, a new study has found that despite this, there are still thousands of baby injuries every year, supporting the stance of may child safety, health and advocacy groups that these products should be banned. injury lawyer

It’s not a new position. For instance, the American Academy of Pediatrics has been pushing for a ban on these devices as far back as 1982, when concerns among health care professionals was first raised.

West Palm Beach defective product injury attorneys have noted many of the product liability lawsuits filed against manufacturers and distributors have founded their claims on theories of strict liability (unreasonably dangerous when used as intended), negligence (defective design, defective manufacturing and failure to warn) and breach of express and implied warranties concerning safety. Continue reading →

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South Florida trampoline park injuries among children have seen a stunning rise, with an NBC6 investigation reporting nearly 300 falls and injuries at trampoline parks resulting in 911 calls, about 70 of those requiring paramedics. Among those calls were a 4-year-old boy with a sprained ankle and a 6-year-old girl left bleeding after a larger child jumped on top of her and a boy who suffered a head injury. At one business alone, there were 60 calls to 911 in two years.trampoline injury

Larger studies suggest the problem is widespread and growing. For instance, a study published in the journal Pediatrics revealed that between 2010 and 2014, there were approximately 92,000 emergency department visits made during the study period. That alone is troubling, but particularly when you consider that trampoline park injuries spiked 10-fold during the study period. Five-to-six new trampoline parks open across the country every single month, with an estimated 450 open as of the end of last year. That’s compared to the 35 to 40 that were in existence in 2011 and 280 in 2014.

Sprains and fractures were among the most common trampoline injuries, with dislocated joints twice as commonly occurring at trampoline parks as at residential trampolines. Also more common at the businesses were fractures more likely to occur in younger children – accounting for roughly 50 percent of injuries among children younger than 6.  Continue reading →

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A school district in California has agreed to pay $7.1 million to a former high school football player who sued for personal injuries after he reportedly suffered permanent brain damage stemming from the failure of his coach to recognize his concussion after a game.student injury lawyer

The San Diego Union-Tribune reports the student was 14 and a freshman on the school’s football team when he was diagnosed with a concussion following a game in the fall of 2013. Coaches reportedly had been trained specifically to recognize the symptoms of head injuries, but despite this did not seek medical help for the student when he displayed several of those symptoms. Prior to the incident, plaintiff was a bright student with a 3.9 GPA and a promising future. He was forced to take a year off school and returned to his studies at a high school that has a program specifically for students suffering from brain injuries.

For a time after the incident, he was comatose. There was uncertainty about whether he’d walk or talk again. His lawyers said the fact that he is now in a position to be able to graduate is “miraculous.”  Continue reading →

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The horrific events of last month at Marjory Stoneman Douglas High School in Broward County left 17 people killed and dozens of people wounded. It also left the community, the state and the nation reeling, once again trying to make sense of the whys and the hows and who should be held responsible. Most notably, this has sparked another heated debate over access to guns and Second Amendment rights. However, it’s also an important time to examine what duty of care schools, law enforcement officials and other government entities have in keeping students safe, and who should be held accountable when those measures fail or aren’t enough. school injury lawyer

The Miami Herald recently reported that one 15-year-old student, shot five times in both legs, intends to sue Broward County and seek monetary damages to help cover the cost of his long-time recovery. The notice of intent to file a lawsuit names several entities, including the Broward County Public Schools, the Broward County Sheriff’s Office and the school resource officer who was on duty that day. In a briefly outlined statement, his attorney indicated actions by these entities and individuals failed to protect students (and this student in particular) from life-threatening harm, and further were unreasonable, callous and negligent. He asserted the defendants’ actions/ inaction were the proximate cause of plaintiff’s serious and lasting injuries.

Now, we must pause here for a moment to explain because it is a seemingly foreign concept that someone other than the person firing the shots could be legally responsible for the attack. Within the criminal justice system, absent any evidence of collusion or conspiracy, that is probably true. However, within the civil justice system we are looking at anybody who owed a duty of care to the person who was hurt, whether those duties were breached and whether those breaches allowed the perpetrator the access and opportunity to carry out his plots.  Continue reading →

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The sovereign immunity doctrine in Florida bars lawsuits in state court against a state government, as well as its agencies and subdivision, absent governmental consent. Although proponents of this theory say it allows for governmental discretion by allowing officials to engage in flexible decision-making without risk of liability and protects public funds, opponents say it fails to discourage wrong-doing and leaves injured parties with no viable remedy. injury attorney

Florida’s waiver of sovereign immunity is outlined in F.S. 768.28, a lengthy and complex statute that allows for various stipulations on suing the government or government employees for negligence. Even if you win, your damage award will be capped at $200,000 a person and $300,000 total per claim (no matter how many claimants), unless the state legislature passes a bill that allows for a higher amount in any given case. This doesn’t mean it’s never worthwhile to pursue compensation from a government agency or worker if you’re injured owing to their negligence, but it’s important to understand there will be a number of challenges, which is why hiring an experienced Orlando injury attorney is so critical.

A recent case considered by the Georgia Supreme Court considered a wrongful death claim involving the tragic death of a student engaged in horseplay in an unsupervised classroom. His parents alleged it was the result of negligence in whole or in part of the teacher who left the room. However, the teacher was a governmental employee, and as such, the question of official immunity was raised.  Continue reading →

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A 14-year-old was recently injured in a Florida amusement park accident when she was reportedly thrown from a ride while it was in motion, eventually landing on the metal walkway that surrounded the ride. The Tallahassee Democrat reported the ride moves in a circular loop, but does not leave the ground, operating something like a fast carousel. The high school freshman later said she felt her feet start to slip and she was unable to hold on.injury lawyer

The girl’s mother said her daughter had not been engaging in horseplay or flouting the rules in a manner that would have resulted in her being thrown from the ride. She said she shouted at the ride operator to halt the machine, but the music was too loud to grab his attention. The girl was initially unconscious and was later transported to the hospital with a broken nose and a large gash on her forehead requiring stitches.

The ride was shut down for the rest of the evening and into the following morning, but was later cleared for re-opening, following an inspection by the Florida Department of Agriculture and Consumer Services’ ride inspection unit. The unit reportedly ascertained there was no malfunction of the machine. Specifically, it appeared the lap restraints were working properly and the speed was within the limits of the manufacturer’s recommendations.  Continue reading →

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For many kids, Halloween – and of course, trick-or-treat – is highly anticipated and the source of many magical childhood memories. However, there are also a host of frightening dangers lurking on Halloween that have nothing to do with ghosts or goblins. injury lawyer

Attorneys for child injury victims in Orlando are committed to helping raise awareness of some of the most common child Halloween injuries, in the hopes families will face fewer emergency room trips this year.

From traffic safety to pumpkin carving to candle hazards, the hazards are seemingly endless.

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In a lawsuit against a fatal amusement park accident during a school outing that claimed the life of a child, defendant amusement park cannot seek indemnification from the school. However, according to a recent New Jersey Supreme Court opinion, defendant will be allowed to seek a verdict that allocates fault to the school, meaning it plaintiffs could ultimately receive less. wrongful death attorney

The issue in Jones v. Morey’s Pier was that defendant amusement park failed to give proper notice of claim to the school under the state’s Tort Claims Act. Still, the park will be allowed to present evidence during the pending trial against it that the school was negligent and that this negligence was a proximate cause of the girl’s death. If the jury finds credible evidence of this, it can allocate a percentage of fault to the school, which would reduce the park’s overall liability and the amount it would have to pay the child’s parents.

This question of common-law indemnification against a public entity was one of first impression in New Jersey, and although it has no direct bearing on the court process in Florida, courts often look to the decisions of their sister courts in reaching conclusions about similar matters.  Continue reading →

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