Injuries to Children

Published on: September 17, 2016

Flea Market Injury Lawsuit Raises Liability Questions

A mother in Texas has filed a lawsuit against a flea market where her child was run over by a motor vehicle last year. At the time of the accident, the girl was just 18-months-old. Now age 2, her mother says she is still “struggling to live a normal life.”

She has filed a premises liability lawsuit against the flea market, as well as a general negligence lawsuit against the driver of the vehicle. Plaintiff raises questions about the safety of the property where pedestrians were so close to motor vehicle traffic.

Flea markets – both indoor and open air – are popular in Florida (including Fort Lauderdale) as well as other southern states. Questions of liability can be tricky, however, because you’re dealing with a host of different businesses. You have the vendors, then the operator of the facility and, often, a separate owner of the land. There may be other companies contracted to provide traffic control or security. There is potential in these types of cases to name numerous defendants, but it’s important to conduct a thorough investigation so that all parties can be properly identified and the narrative fully formed by the time negotiations begin or litigation is filed. Continue reading →

Published on: September 12, 2016

Judge: Child Brain Injury Victim Shot With Arrow 7 Years Ago Can Proceed With Product Liability Lawsuit

By Dean Freeman

It’s been seven years since a New Jersey girl was shot accidentally in her head with an metal arrow by a young boy, causing her to suffer a massive stroke and aneurysm that almost killed her. Now, according to NJ.com, a judge has allowed that discovery for her claim for product liability – including punitive damages – against the distributor of that arrow set may proceed. However, the judge denied discovery in the claim against the boy’s father, leaving the sporting goods store as the only defendant.

According to news reports of the case, the girl and her twin sister were at a friend’s house one day in July 2010 when she wandered in front of a 9-year-old boy who was practicing archery with a compound bow in the same yard. The arrow, which can only be purchased by an adult with a hunting license, struck the girl between her nose and right eye. It tore through her cerebral artery, lodging into the left temporal lobe in the middle of her brain.

The arrow was reportedly purchased by the boy’s father at a sporting goods store in New Jersey. Under state law, it’s illegal to shoot any metal-tipped arrow without a hunting license – and those are only available in that state when a child turns 10. Further, anyone who sells youth-sized or metal-tipped arrows is supposed to inquire as to whether the user has a child’s hunting license. Continue reading →

Published on: July 6, 2016

Disney Liability for Fatal Alligator Attack That Killed Child Weighed

By Dean Freeman

Disney World is facing a serious liability after a fatal alligator attack at one of its resorts that claimed the life of a 2-year-old boy. The toddler had been splashing in 6 inches of water along the shore of a man-made lagoon, where the resort invited guests to gather that evening to watch an outdoor movie.

Posted alongside of the shore were a number of “No Swimming” signs, but nowhere did it mention the threat of alligators – despite the fact that alligators were known to live in the water and further, staffers had complained to management that guests had been feeding the gators and they feared there would be an incident.

Legal analysts and personal injury attorneys reviewing the known facts of the case have largely concluded that those “No Swimming” signs probably weren’t enough to issue an adequate warning for a serious risk that was foreseeable. The park, which attracts 55 million visitors annually, cooperated with wildlife officials and law enforcement in terminating six alligators on the premises and have also created additional barriers to the site. However, these actions will not be enough to shield the company from liability. Continue reading →

Published on: June 3, 2016

Florida Playground Injury Lawsuit to Proceed, Says 4th DCA

By Dean Freeman

Florida’s 4th District Court of Appeals has reversed and remanded a trial court’s summary judgment in favor of a defendant in a playground injury lawsuit against a local city and the manufacturer of the playground equipment.

The victim at the center of Bogatov v. City of Hallandale Beach and Kidz Zone Playsystems, Inc., reportedly had to spend months in a wheelchair after suffering a fractured leg when he fell several feet from a jungle gym.

Initially, the trial court granted summary judgment to defense because it found there was not enough evidence to take to a jury to prove the child’s injuries were caused by allegedly defective playground equipment. Continue reading →

Published on: May 18, 2016

Child Injury Fears Spur Kickoff Ban in Pop Warner Games

By Dean Freeman

The nation’s biggest youth football organization is nixing the traditional kickoffs in its games in hopes of reducing the number of child injuries among its youngest players.

According to The New York Times, the organization cited a concern about concussions inflicted on players by the practice. No doubt, the organization is still reeling from a series of high-profile injury lawsuits that have inevitably resulted in declining enrollment. This measure is an effort to reduce the number of child athlete injuries and perhaps paint the group in a more positive light.

There is an increasing awareness of the danger of the sport, as a range of players – both professional, student and youth – have come forward to reveal the devastating injuries they incurred as a result of the hard and often repeated blows they suffered to their head and bodies. Continue reading →

Published on: December 3, 2015

Doctors: Stop Using Crib Bumpers for Babies

By Dean Freeman

The holidays are fast-approaching, and baby gifts are especially popular for those who are expecting. Baby bedding – including cribs, sheets and crib lining – is a $50 million annual industry.

But concerns over crib safety have been mounting in recent years. It’s what led to the recall and eventual ban of drop-side cribs in 2011 after indications these products posed risk of serious injury and death to infants and toddlers. In more recent years, the focus has shifted to “crib bumpers,” the soft, pillow-like lining intended for use inside cribs that poses a risk of suffocation and strangulation for infants.

They are displayed prominently in stores in cute designs, intended to coordinate with the overall theme of the room. About 200,000 are sold annually. There have been several studies and recalls and lawsuits over the last four years, but still, they remain on sale. Continue reading →

Published on: August 11, 2015

Child Hot Car Death Not Covered by Driver’s Personal Insurance, Says FL 3rd DCA

By Dean Freeman

The parents of an infant who died tragically in a hot car that was parked outside a Florida daycare facility for seven hours in the summer will not be able to collect any compensation from the driver’s personal insurance policy.

That’s according to a new ruling by Florida’s Third District Court of Appeal in Bryant v. Windhaven Insurance Co., which is part of a larger case in which the parents are seeking justice from the van driver personally, as well as the day care center (his employer) and the landlord of the property where the incident occurred.

This ruling will only affect the case insofar as it relates to the van driver’s personal liability. He may yet still be found personally liable and obligated to pay, but he will not have his personal insurance company to be responsible for that payment if that happens. Continue reading →

Published on: August 4, 2015

Birth Injury Legal Fee Limits Still in Effect, Per FL 4th DCA

By Dean Freeman

The attorneys who represented a child severely injured at birth will not be able to receive more than the damage cap put into effect by the state legislature, even though they spent five times that in bringing the case forward.

Beyond just delivering a financial blow to this one law firm, the case could have a stifling effect when it comes to court access. That is, if an attorney knows he or she is going to suffer major losses bringing a case on behalf of severely injured children or other clients, there is less a likelihood those plaintiffs will be able to find representation. That means there is a lesser likelihood there cases will even be filed in the first place, let alone make it to a settlement or trial phase.

It’s disheartening news, especially when you consider that medical malpractice cases such as those brought for birth injuries require meticulous, aggressive and experienced legal representation in order to be successful. Forcing those with the ability to provide this – and ultimately, relief of the enormous financial burden that victims bear – will make it tougher for those who suffer the most to press forward with these cases.

Continue reading →

Published on: June 23, 2015

Florida Child Drowning Continues to be a Risk

By Dean Freeman

Florida’s children under 5 are more at risk of drowning here than in any other state. Every single year, the number of children who drown could fill up three preschool classrooms.

These deaths are totally preventable, and may be the result of negligence by caregivers and/or property owners.

Just last month, the U.S. Consumer Product Safety Commission released new figures showing the number of deaths and injuries resulting from child drownings in both spas and pools continues to be a serious public health and safety risk.

Continue reading →

Published on: March 21, 2015

Study: Youth Football Injuries Reduced With Coach Education

By Dean Freeman

Every year, thousands of young football players sustain a variety of injuries, ranging from sprained muscles to concussions to serious head injuries.

Football is a popular sport in America. It isn’t likely to go away anytime soon, despite these incidents. Researchers have been working to tackle this problem by trying to identify the greatest risk factors and learn possible methods of prevention.

One of those studies was recently released by the Datalys Center for Sports Injury Research and Prevention. Analysts culled data from more than 2,100 young football players, ranging in age from 5 to 15. These individuals were involved in more than 100 teams across 10 youth leagues in four states.

Continue reading →