Articles Tagged with child injury attorney

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A tiny tick in a mountainous region of China set off a chain of events leading to a $40 million verdict against a Connecticut school – a verdict recently affirmed by the Connecticut Supreme Court.child injury lawyer

Although the court’s ruling doesn’t have a direct impact on case law in Florida, state high courts often look to their sister courts in considering rulings that may set precedent. The case was certified to the state supreme court from the U.S. Court of Appeals for the Second Circuit, which sought answers as to whether public policy supports imposing a duty on a school to warn about or protect against the risk of a serious insect-borne disease in organizing an abroad trip. The court was also asked whether damages in the amount of $41.5 million warranted a remittitur (reduction). The court answered yes to the first and no to the second.

The court’s ruling underscored that schools do have an affirmative duty to protect children in their care. The ruling doesn’t definitively settle the case, the outcome of which is expected to play a role in how – or whether – schools provide such travel opportunities in the future. Continue reading →

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A child under three is injured every eight minutes in the U.S. as a result of a product-related accident. Most of these involve products like:

  • Cribs
  • Walkers
  • Strollers
  • Carriersbaby face

In many cases, the child suffers a concussion or other type of head injury.

This information was derived from a new extensive study, published in the journal Pediatrics, conducted by researchers at the Center for Injury Research and Policy at Nationwide Children’s Hospital in Ohio. This all breaks down to about 66,000 serious child injuries a year that require treatment at a hospital emergency department. What’s especially troubling about the study, which analyzed data over the course of 20 years, is that baby and toddler product injuries were on a downward trend for the first several years, but have since been climbing again.  Continue reading →

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Parents of an Oklahoma boy have filed a personal injury lawsuit on behalf of their young son, alleging he suffered a brain injury while at day care.rocking horse

Of course, our injury lawyers know that kids are prone to getting hurt. They can be clumsy. They don’t always pay close attention to where they are walking or climbing or running. They often fail to appreciate the danger in every day situations. But that’s all common knowledge, and that’s precisely why a company running a daycare has the responsibility to keep a watchful eye. They have a duty to make sure their staffers are fully vetted, properly trained and carefully watched. They have a responsibility to make sure they hire enough staffers in ratio to the number of children in their care and that appropriate action is taken to prevent accidents, injuries and illnesses that are foreseeable.

Plaintiffs in these cases need to show that the child’s injuries were the result of negligence, which means the daycare facility and/ or staffers failed to exercise due care to prevent a foreseeable injury. Accidents that involve falls from playground equipment, illnesses caused by unsanitary conditions or slipping on some substance that wasn’t quickly cleaned – these are all incidents that were probably foreseeable. Similarly, a child injured by a daycare worker with a violent criminal background or a lack of basic experience would also be a foreseeable injury. Continue reading →

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An increasing number of new mothers and fathers are finding especially handy baby slings, those cloth wraps that can be used to help carry an infant in a reclined or upright position. The problem is that there weren’t any federally-mandated standard to regulate the safe design and use of those slings – until now.babyinred

The U.S. Consumer Product Safety Commission reports that the new federally-mandated standard created by ASTM International, Standard Consumer Safety Specification for Sling Carriers.

The new standard incorporates some of the most recent voluntary standards, with a slight modification involving label attachments. The new rule slightly modifies the ASTM’s standard by making it necessary to manufacture warning labels in a way where they will be permanent on the garment. The other mandatory standards for the baby carriers/ slings cover:

  • The structural integrity to make certain that even after all testing, there isn’t any tearing in the fabric, seam separation or breakage;
  • That the slings can carry triple the recommended weight of the manufacturer;
  • That the devices will stop the child from falling out when it’s being used normally (i.e., even if the child is wiggly).

Continue reading →

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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.” fleamarket

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 →

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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. cars

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 →

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