Florida Injury Lawyer Blog

The deaths of three babies, all under one year of age, have spurred a nationwide recall of Generation 2 Worldwide and "ChildESIGNS" drop side cribs. The U.S. Consumer Product Safety Commission (CPSC) has recalled these cribs, which are sold in many stores including Walmart, because they pose a threat of death or serious injury. Parents are advised to no longer use these cribs because babies can suffocate or be strangulated by these defective products. The CPSC warns to not try to fix the recalled cribs.

The drop side of these cribs can detach, causing a space where babies have no way of escaping, which can lead to suffocation or strangulation. In addition to the three deaths reported, several injuries, including bruising and a broken arm, have also been reported to the CPSC.

Last month Dorel Asia recalled several crib models because their defective drop sides also posed a threat of strangulation or suffocation. Around the same time, the CPSC recalled 1.5 million dangerous Graco strollers.

Continue reading "Infant Deaths Prompt Nationwide Crib Recall" »

A major recall is in effect for Dorel Asia cribs and Graco strollers after reports of an infant's death from strangulation in his crib and finger amputations from stroller hinge mechanisms.

A 6-month-old boy from Iowa died of strangulation after becoming trapped in his own crib due to malfunctioning hardware. The crib was manufactured by Dorel Asia, which has recalled over 600,000 cribs sold by major retailers including Wal-Mart. The company is recalling 20 models of cribs that can pose a suffocation or strangulation hazard if their drop sides detach. The cribs also pose a risk of children becoming trapped in the cribs due to broken slats. The company has received several reports of children being trapped, bruised and scratched due to these cribs.

Following five reports of finger amputations and two reports of cuts due to the hinges in stroller canopies, Graco has recalled 1.5 million strollers manufactured from October 2004 to February 2008. The recall affects the Spree, Passage and Alano Strollers and Travel Systems. The manufacture dates can be found above the back wheels, on the lower inside part of the back frame.

The Consumer Product Safety Commission (CPSC) announced the strollers present a laceration and amputation threat to children when canopies were opened or closed. The commission has advised consumers to stop using the strollers and contact Graco to obtain a free repair kit.

A personal injury lawyer experienced in handling dangerous and defective product lawsuits can protect your rights and fight for the compensation you may be legally entitled to. If you or a loved one has been injured as a result of a dangerous product, contact us today for a free consultation.

Dan Irving Cytryn is a Board Certified Trial Lawyer handling injury to children and dangerous product cases for more than 29 years.

Your child may be at risk of serious injury or death if you are using any of the products listed below.

The Consumer Product Safety Commission (CSPC) recently released the following list of the ten most hazardous recalled children's products that might still be available in resale stores or on the Internet:

• Evenflo Envision High Chairs -- Fasteners and metal screws on both sides of the high chairs can loosen and fall out, allowing the seat back to detach or recline unexpectedly. As a result, children can fall backwards or out of the seat or choke on the detached hardware.
• Hill Sportswear Hooded Sweatshirt -- There was one reported death of a three-year-old boy who was strangled when the drawstring of the sweatshirt he was wearing became stuck on a playground swing.
• Simplicity Bassinets, including those with Graco or Winnie the Pooh motif -- There are at least three deaths involving Simplicity bassinets. The metal bars in the Simplicity 3-in-1 and 4-in-1 convertible bassinets are covered by an adjustable fabric flap which is attached by Velcro and folded down when the bassinet is repositioned. If the Velcro is not properly fastened when the flap is readjusted, an infant may slip through the opening between the metal bars and suffocate.
• Simplicity Drop Side Cribs -- There have been 10 known deaths associated with this product. The drop side can detach, creating a space between the side and the mattress. Infants and toddlers can be entrapped in this space and suffocate.

Continue reading "Top Ten Most Dangerous Children's Products " »

A Pinellas County, Florida jury recently found the national child day care chain, KinderCare, liable for $3 million dollars in damages after a caregiver broke the leg of a child under their care. According to reports, the caregiver broke the child's leg when he would not remain still while having his diaper changed. The caregiver was fired after the incident, but it was soon revealed that KinderCare had received a number of complaints regarding the caregiver's treatment of children under her supervision from other employees and parents. Witnesses at trial claimed the caregiver improperly handled numerous children including dropping some into their cribs and hitting another with a clipboard.

According to news reports, the jurors felt KinderCare should have responded to the warnings and concerns of employees and parents and taken action against the caregiver. Jurors also felt KinderCare should have installed cameras so that supervisors could monitor the staff's treatment of the children in their care. The caregiver pleaded no contest to felony child abuse charges for breaking the infants leg and was sentenced to one year in jail prior to the trial.

It is a difficult decision for a parent to leave their child in the care of another, but more and more families are finding it necessary for both parents to work to make ends meet. It is always best to make these difficult decisions with as much information as possible regardless of how disturbing it may be. According to the U.S. Department of Health & Human Services Administration for Children and Families' 2007 Child Maltreatment report, approximately 0.5% of child abuse incidents occur in the day care setting. Nationally, there were 3,605 child abuse victims in the day care setting in 2007 with 24 fatalities. Florida day cares accounted for 143 of the incidents of abuse.

ChildCareAware.org provides federally sponsored information regarding child care. Here are some tips on how to make an informed decision regarding child care:

1. Start looking for child care early in order to have enough time to gather information.
2. Call around and utilize resources provided by local child care resource and referral centers including licensing requirements, complaints and violations, and financial assistance programs.
3. Visit the day care center and ask questions regarding the child to adult ratio, group size, caregiver qualifications, turnover, accreditation, and any other questions you feel you need to make your decision.
4. Make an informed choice.
5. Stay involved with your child's care.

Of course, even the best intentions, research, and involvement cannot prevent these terrible instances of child abuse from happening in day care centers at times.  Many times, as in this case, the day care center is responsible for not taking the proper steps to ensure the safety of the children under their care.  If your child has been the victim of abuse by a day care caregiver, an attorney experienced in personal injury lawsuits will help you understand your rights and fight for the compensation your child deserves.

Continue reading "Jury Finds Florida KinderCare Liable for Child's Broken Leg, $3 Million" »

Mike Tyson's 4-year-old daughter, Exodus, died on Tuesday, May 26, 2009, after succumbing to injuries she sustained when her head was caught in a cord hanging from a treadmill.  According to reports, this tragic treadmill accident occurred when the cord tightened around the child's head after she fell while playing on or around the machine.  The child was rushed to the hospital where she was treated, placed on life-support, and later passed away.

This tragic accident highlights the danger treadmills pose--especially to the very young.  The U.S. Consumer Products Safety Commission (CPSC) estimates that some 6,481 exercise equipment-related accidents involving children under 5-years-old occurred in 2008.  Treadmills and other exercise equipment do not only pose a risk of strangulation, but also can cause burns, lacerations, and deformity to the body from coming in contact with moving parts.

In order to help prevent these tragic exercise equipment accidents, ConsumerReports.org recommends that children be supervised at all times while treadmills and other exercise equipment is in use in the home.  Treadmills and other equipment that is not in use should be unplugged and locked away if possible or surrounded by a safety gate.  Finally, safety clips should be removed from the equipment to eliminate the strangulation hazard they pose and to prevent the equipment from running.

Continue reading "Treadmill Accidents Pose Risk of Serious Injury, Death" »

Hidden dangers are present all around while our children are busy playing. Florida law allows recovery for injuries due to negligence conditions that exist in recreation facilities, gyms, after-care facilities, and any activities whether organized or not. Coral Springs Florida is no different than the rest of the country.

I have the pleasure of coaching my nine year old child in a basketball recreational league (except for the fact that we lost our first six games until tonight, when we finally pulled out a victory in overtime--I was pulling my hair out--even my Rogaine was no longer helping me!). Since I've been coaching this year, there's a metal bench that the kids sit on, one side which is affixed to the ground, the other side which is loose, and if anyone sits on it they can fall off and suffer a head injury. Despite a couple months going by with this dangerous condition on a basketball court where children play virtually every day, nobody has bothered to repair this condition. I guess it's going to be up to me to send a certified letter to the City of Coral Springs to fix what is an obvious defective condition waiting for an injury to happen.

There are many other conditions in places where children play which are accidents waiting to happen. Playgrounds used to have monkeybars with gravel or concrete below them, an obvious and ridiculous hazard when a child falls off. Indoor basketball courts have walls that teenagers can run into, and unless protected by padding, present dangerous conditions for anybody who is playing the sport with intensity.

Florida law allows an injured person or child to recover for a dangerous condition that exists on any premises. The landowner or person in charge of the premises has a duty to maintain the property in a reasonably safe condition. If the person in charge of the area does not make sure the property is not in a hazardous condition, then a claim, or a lawsuit is a viable alternative for a child or a person injured by a hazardous condition.

A new study claims that playground injuries are more dangerous to children than car accidents. The Brain Injury Resource Foundation states that playground injuries brought almost one million children to the emergency room in a particular six year period. A very important analysis of playground injuries is discussed in an article entitled "School Injuries--From the Playground to the Emergency Room".

If a child is seriously injured in an accident involving a child due to negligence, whether it occurs on the playground, in the gym, or at somebody's house, a lawyer should be consulted to ensure the best interest of the child and to protect the child and the family's rights.

UPDATE: July 31, 2009 -- As an indication of the persistent danger of injury and death posed by playgrounds, USA Today recently released an article which reiterated the risks faced by children.  According to the article, nearly 200,000 children are seen each year in hospital emergency rooms for injuries sustained while playing on playground equipment.  Of those, approximately 15 children die each year from their playground injuries and another 90,000 suffer serious injuries including broken bones, head injury, and amputation.  The article suggests that although playgrounds are safer than in decades past, children continue fall victim to playgrounds that are poorly designed or maintained and from other dangers such potential lead poisoning from recycled tires which are often used to cushion falls.

Continue reading "Playgrounds, Gyms, And Recreational Facilities Can Be Dangerous To Our Children" »

The family of a Connecticut boy fatally injured on an amusement park ride in New York received a $1.25 million settlement from the county which owned the park.  The boy died after leaving his seat and eventually drowning after he received a blow to the head.  The amusement park was admittedly understaffed at the time of the young boys death according to reports.

The coming of spring and summer brings patrons of amusement and water parks out in droves seeking to free themselves of the winter doldrums or cool themselves from the scorching summer sun.  In areas like Florida, the warm, pleasant climate brings people from far and wide to the parks in Orlando and to the water parks, fairs, amusement parks, and carnivals of Palm Beach, Broward and Dade counties.  Because of the large number of people that visit amusement parks throughout the country on a yearly basis, it is important that the rides be properly inspected and maintained, the grounds be properly kept in a safe condition, and security be in place to protect and respond to all situations in order to avoid amusement park ride injuries and deaths.

The National Safety Council (NSC) estimated that 1,783 injuries occurred in 2005 at 398 fixed site amusement parks.  The NSC, in its report prepared for the International Association of Amusement Parks & Attractions, estimated that approximately 4 deaths occur every year at these parks.  However, others say the actual number of injuries and deaths at amusement parks is higher and call for stricter regulation of the rides and facilities.

It is imperative that the owners of amusement parks, fairs, water parks, and the like maintain their equipment to the highest safety standards.  It is extremely difficult for patrons of the parks to determine how safe a ride is when those rides are being advertised specifically for their enjoyment.  It is also almost impossible for these park-goers to determine if a ride or attraction is in disrepair and the potential harm the ride may cause them.  People that are injured in amusement park accidents should contact an attorney to ensure that their rights are protected to the fullest extent.

Continue reading "Family of Boy Killed on Amusement Park Ride Receives $1.25 Million" »

A Wellington, Florida woman and her family suffered minor injuries after their SUV crashed and rolled over on the Florida Turnpike Thursday evening. The family was taken to Delray Medical Center and West Boca Medical Center for treatment.  According to reports, the auto accident allegedly occurred when an unknown vehicle tried to cut in behind the SUV and clipped the truck's rear bumper.  At the time of the automobile accident, the family members were wearing their seat belts and the driver was talking on her cell phone.

According to Florida's Department of Highway Safety and Motor Vehicles, 10,255 injury accidents and 826 fatal accidents resulted in overturned vehicles in 2006.  79 out of the 110 children ages 01 to 17 years old killed in automobile accidents in 2006 were not using safety equipment.  Safety belts and other vehicle safety equipment does save lives.  Of the 214,083 accidents reported as involving drivers and passengers wearing only safety belts, 146,798 of the occupants reported no injuries at all and 42,035 occupants reported only possible injuries.

Not only do seat belts help save lives and prevent injuries in car crashes, they are also required to be worn by law.  Florida statute requires that the operator of a motor vehicle, all passengers under the age of 18, and all front seat passengers wear seat belts or child restraints.  Furthermore, if you are involved in an auto accident due to the negligence of another, the failure to use a seat belt can be argued by the defense to be comparative negligence on your part and used to reduce the amount of compensation awarded.  It is always important to take steps to protect yourself and passengers in your motor vehicle.

Continue reading "Palm Beach County Family Injured in Rollover Accident on Florida's Turnpike" »

Miami-Dade County: The horrific January 25th auto accident in South Miami Dade undoubtedly changed the Serrano family forever after an alleged drunk driver crashed into the rear of the family's minivan causing fatal injuries to all three Serrano children.  Now, the man accused of driving his vehicle with a blood alcohol level that was three times the legal limit and charged with three counts of DUI manslaughter, Gabriel Delrisco, has been denied bail by a Miami-Dade judge.  Delrisco had a previous drunk driving conviction in 2001 and some 26 traffic citations in eight years, but had a valid driver's license at the time of the fatal auto accident.

In Florida, there were 890 alcohol-impaired auto accident fatalities in 2007 according to the National Highway Traffic Safety Administration.  Alcohol-impaired motor vehicle accidents represented 27.7 percent of all Florida vehicle deaths in 2007.  In 2006, there were 16,319 alcohol-related automobile accident injuries in Florida.  There were 1,684 alcohol-related accidents in Broward County, 1,792 in Miami-Dade County, and 1,265 in Palm Beach County in 2006 according to the Florida Department of Highway Safety and Motor Vehicles.

According to the Miami-Herald, the personal injury attorney for the Serrano family is looking for others whom were potentially negligent in supplying Delrisco with alcohol.  Under certain circumstances, Florida law allows for establishments to be held liable for negligently serving alcohol to their patrons.

***DISCLAIMER: The content provided is not intended to be construed as legal advice.  If you have any questions or concerns, based on your factual circumstances, please contact Law Offices Cytryn & Velazquez, P.A. at 1-877-853-7466. 

 

Continue reading "Homestead Man Accused of Killing 3 Children in Drunk Driving Accident Denied Bail" »

Palm Beach County: An 11-year-old Lake Worth boy died Monday after he was mortally injured after a stolen Glock .40 firearm apparently accidentally discharged in the hands of his 9-year-old acquaintance.  The deceased boy, identified as Jason Lee Gilmore, Jr., was at the home of his mother's boyfriend's parents with a group of young men all but one under the age of 18.  According to reports, the boys were playing with the laser site on the handgun when it discharged.  The gun was reported stolen from a car in West Palm Beach in January after the owner left the weapon in his car overnight.  The Palm Beach County Sheriff's Office will hand the case over to the State Attorney's Office which is anticipated to convene a grand jury to make the final determination whether any charges should be filed.

According to FloridaCharts.com and information derived from the Florida Department of Health Office of Vital Statistics, 929 homicides by firearm discharge occurred in Florida in 2007.  Of those deaths, 72 occurred in Palm Beach County, 74 in Broward County, and 203 in Dade County.  In that same year, 97 deaths were children 18 years old or younger.

The death of child is always a tragic occurrence.  Ultimately, who was at fault and what should have been done differently are questions that arise from the incident.  Often after the criminal investigation is complete, civil actions in negligence are also pursued.  Depending on the circumstances, negligence can at times be found on the part of the shooter, the owner of the residence or property at which the shooting occurred, the person responsible for supervising the shooter and/or victim, and the owner of the gun.

***DISCLAIMER: The content provided is not intended to be construed as legal advice.  If you have any questions or concerns, based on your factual circumstances, please contact Law Offices Cytryn & Velazquez, P.A. at 1-877-853-7466.

Continue reading "Florida Child Dies from Gunshot in Palm Beach County" »

Trampoline accidents and injuries are on the increase. Homeowner's insurance may or may not cover the homeowner, depending upon whether there is an exclusion in the homeowner's policy.

Claims and lawsuits against homeowners are possible, but only if they are not excluded in the homeowner's insurance policy. These claims, especially involving children, would be based upon the adult homeowner's failure to warn, or failure to supervise.

There is also a possibility of a valid claim against on older child who is not the homeowner who is not following warnings and allows or causes a younger child to be injured.  So even if the supervising older child does not reside on the premises where a younger child is injured, there may be a negligence claim made against the older child (say at least a teenager) under the homeowner's policy where that teen lives (again, if there is no exclusion for trampolines in that teen's parent's homeowner's policy).

Manufacturers' instructions warn against the use of a trampoline by more than one user at the time. Claims against manufacturers are also possible, but are much more difficult to win because of the extensive warnings placed in the manufacturer's warning booklets. However, the warnings should also be placed right on the trampoline and visible to the reader so that the user is reminded of the dangers of things such as multiple users at one time. Unfortunately, some of the children who are injured from trampoline use aren't even able to read, and if if they are, children are likely to ignore warnings.

Children between the ages of 5 and 14 represent 70% of the victims, and according to the Consumer Product Safety Commission, there have actually been several deaths. EOrthopod points out that in 1971, the NCAA stopped allowing the trampoline as part of its competition, and that in 2006, the American Academy of Pediatrics recommended restricting and removing trampolines from schools, outdoor playgrounds and homes.

In 1998, almost `100,000 visits to emergency rooms in the United States were due to trampoline accidents, with the most common injuries broken bones.

Tips for use and safety are set forth in an article entitled Trampoline Injuries: Visits to Emergency Rooms are Jump'n.

Continue reading "Trampoline Accidents Causing More Injuries Especially Broken Bones" »

Any Florida bicyclist injured by the negligence of another person may bring a claim against that negligent person.

Under Florida law, a bicyclist is considered a 'pedestrian', and if the bicyclist is injured by a motor vehicle, the bicyclist can bring a claim against the negligent driver or owner of the motor vehicle. In addition, if the owner or driver of the vehicle that caused the accident is uninsured or underinsured, the victim may seek to collect under any resident relative's uninsured motorist coverage, or if they themselves own a motor vehicle, under the uninsured motorist coverage of their own automobile. In addition, they may collect personal injury protection coverage under either their own vehicle, a resident relative in their household, or from the at fault driver's vehicle, in that respective order (but not duplicative).

Bicycle accidents injure more children than any other toy. In fact, bicycle accidents bring about 500,000 people to emergency rooms in the United States every year, and more than half of them are children, according to the Consumer Products Safety Commision.

The ratio of deaths for non-helmeted drivers vs helmeted drivers is approximately 10 to 1 over the years, that is, an bicyclist without a helmet appears to have a ten prospect of dying as opposed to a helmeted driver. The correlation between the wearing of bicycle helmets and the reduced risk of a head injury among children is very substantial, as reflected by a study in BMJ.

Boys have a substantially higher rate of injuries and deaths than do girls.

Interestingly, a study showed that one in three fatalities in Maryland involved cyclists whose blood alcohol levels exceeded .08, a level where most states begin the presumption that the person is under the influence to the extent that their faculties were impaired.

An excellent article on bicycle safety and accident prevention is called Bicycle Safety.