South Florida Injury Attorney Blog

Trampolines are a common feature in the backyards of homes with children across the country. According to the American Academy of Pediatrics (AAP), however, they pose a significant risk of injury to children and teens, including traumatic brain injuries and spinal fractures. Estimates of the total number of injuries caused by trampoline-related accidents every year extend into the hundreds of thousands. The trampoline was not originally intended for recreational use, but rather to train athletes and pilots. The AAP therefore advises against the recreational use of trampolines, especially in a home environment.

A competitive gymnast named George Nissen patented the trampoline in 1945 as a “tumbling device.” He intended to use it to train gymnasts and acrobats, and he expanded its use to include training of military pilots. Once manufacturers learned how to produce trampolines that could be broken down, shipped, and reassembled, the recreational trampoline was born. The AAP’s Council on Sports Medicine and Fitness published a study on trampoline safety among children and teens in the October 2012 issue of the AAP’s journal, Pediatrics. It estimates that nearly 100,000 injuries resulted from trampoline use in 2009, with about 3,100 hospitalizations and deaths.

The most common injuries resulting from trampoline use, according to the AAP, occur in the lower extremities. These account for one-third to half of all trampoline-related injuries, and largely involve sprains or fractures of the ankle. Injury to the cervical spine is a common result of trampoline accidents, caused when a trampoline user lands incorrectly or falls off the trampoline entirely. Between ten and seventeen percent of trampoline-related injuries consist of head and neck injuries, many of which resulted in some degree of physical or cognitive impairment. The AAP states that 0.5% of all trampoline accidents result in permanent neurological impairment.

Continue reading "Pediatricians Warn of Risk of Serious Injury to Children from Recreational Trampoline Use" »

The family of a nine year-old boy who died in a March 2012 school bus crash in Fort Pierce, Florida have filed a wrongful death lawsuit against the driver of the semi truck that hit the school bus and the trucking company that employed the driver. They have also filed a claim against the school district, asserting that the school bus driver, and therefore the school district, is also liable. Because the school district is a government agency, the family must first present its claim to the state before attempting to file a lawsuit.

An investigation by the Florida Highway Patrol (FHP) concluded that neither the driver of the school bus nor the driver of the semi truck should face criminal charges for the accident that occurred on March 26, 2012. A school bus driver with the St. Lucie County School District reportedly made a left turn into the path of an oncoming semi truck at about 3:45 p.m., while transporting thirty elementary school students. The semi truck collided with the school bus, causing the bus to spin 180 degrees and the truck to flip over. Nineteen people on board the school bus, including eighteen children and the 56 year-old driver, were injured. One passenger, nine year-old Aaron Beauchamp, was killed in the collision. The driver of the semi truck was not injured.

Continue reading "Florida Family Files Wrongful Death Lawsuit Over School Bus Crash" »

A bicycle accident resulted in the death of a Coral Springs teenager who had been riding on the bicycle’s handlebars and was hit by a car. Police are reportedly searching for the person operating the bicycle, who fled the scene. No charges have been filed against the driver of the automobile.

The accident occurred just before 10:00 p.m. on Friday, July 6, 2012. A 1989 Lincoln was heading east on Royal Palm Boulevard. At the same time, a bicycle with a 16 year-old passenger riding on the handlebars attempted to cross the street heading north. The bicycle’s operator reportedly stopped abruptly, causing the passenger to stumble into the Lincoln’s path. The Lincoln then struck the teen. The injured teenager was transported to a hospital, where he died from his injuries on July 12. The operator of the bicycle, who remained unidentified as of the most recent reporting on the story, fled the scene on foot, heading east. The driver of the Lincoln was not injured.

Continue reading "Teen Killed in Coral Springs Bicycle Accident" »

The continuation of my 4th July article on safety this upcoming holiday. Should you be the victim of this type of burn injury you should always seek legal counsel to ensure you receive the compensation you deserve for your medical bills and damages.

How and Why Do These Injuries Occur?

Experimentation: Homemade fireworks (for example, ones made of the powder from several firecrackers) can lead to dangerous and unpredictable explosions.

As an Attorney practicing in Fort Lauderdale and its environs of Sunrise, Plantation, Weston, Davie, Cooper City, Miramar, Pembroke Pines and Hollywood, we have received calls from victims of this type of accident burn injury who are unsure as to whether they are able to file claim and against whom.

Should you or a loved one be the victim of this type of injury, seek legal counsel. Contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation, or you can visit us online.

HAVE A SAFE 4TH JULY

In preparation for the upcoming holiday I decided to post information re fireworks safety as every year we see victims of this type of burn injury and get numerous calls as they are uncertain as to the procedures to follow. See article for safety this 4th below along with some statistics:

Focus on Fire Safety: Fireworks

• Most patients were treated at the emergency department and then released. An estimated 7 percent of patients were treated and transferred to another hospital or admitted to the hospital.As an Attorney practicing in Fort Lauderdale and its environs of Sunrise, Plantation, Weston, Davie, Cooper City, Miramar, Pembroke Pines and Hollywood, we have received calls from victims of this type of accident injury who are unsure as to whether they are able to file claim and against whom.

Should you or a loved one be the victim of this type of injury, seek legal counsel. Contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation, or you can visit us online.

Summer is almost here and the kids will soon be on vacation. For those who will not be travelling for the summer the local playgrounds, parks and water parks will definitely be on their list of things to do, as keeping your child/children safe will be a task.

As an experienced attorney practicing in cities such as Fort Lauderdale, Coral Springs, Davie, Cooper City, Weston, Pompano, Aventura and Pembroke Pines, my office has represented victims of these types of recreational park injury which mainly occurs to minors. Parents of victims should always remember to keep records of all their child’s injuries including medical bills, and also take pictures of the immediate and surrounding area where the accident occurred and the damages to your child.

Should your child be a victim of personal injury at one of these parks, after seeking medical attention, you should first contact the city that the park is located to find out that the deadline is for filing claim should you decide to, as many of these cities have short deadlines set for filing claims. After contacting the city and seeking medical attention for your child, you should immediately contact an experienced attorney in this type of injury law to seek legal counsel and file claim.

If you or someone you know has been injured in a park accident or playground accident, contact an experienced personal injury attorney to seek legal counsel to ensure you are properly compensated.

At the Law Offices of Cohn and Smith our experienced staff will assist you should you decide to file claim. We can be reached at 954 431 8100 or 305 614 9186 or visit us online, to set up a FREE consultation to discuss your legal options.

Summer is here and pool safety is a priority for all home owners, condo associations, hotels, resorts and the local parks across South Florida. We have seen reports on the television and in the local newspapers stories about children drowning in pools due to poor supervision. These drowning incidents can sometimes be ruled as accidents and no negligence found, but they can are become all too common during the upcoming summer months.

I posted an article last year about pool safety and I’m just going to go over some of the safety tips for you as an owner:

1. Always ensure an adult or two is supervising the children at ALL times.

2. Install a four-sided barrier (such as a fence with gates that automatically close) around the entire pool area.

3. Install alarms on pool gates so that you know if anyone enters the pool area while you're not watching.

4. Use safety covers to prevent drowning while the pool is not actively in use.

5. All adults and children who use the pool should know how to swim.

6. Get basic CPR training and first aid training to help victims in case of an accident.

7. Install an outdoor phone line or keep a cell phone handy to quickly reach emergency services should and accident occur.

Following these basic steps and developing some of your own precautions to ensure the safety of your guests, should relieve you of some liability. You should always seek legal counsel to ensure that your rights are reserved.

If you have experienced the loss of a loved one on someone else's property, it is critical that you contact a Fort Lauderdale premises liability attorney to represent your case. At the Law office of Cohn and Smith we have represented victims of this type of injury. Please do not hesitate to contact any one of our offices for your free consultation via phone 954 346 0607 or 305 624 9186 or visit us online.

There can be no amount of pleas that we see daily in the media about the dangers of texting and driving. I was actually privy to an accident that stemmed from the driver texting and not paying attention to the traffic.

I was picking up my daughter at her school where there are numerous signs “No TEXTING whilst in the Car Pool Lane”, the driver a teenager was apparently texting whilst in the lane, and not paying attention to the flow of the traffic, hit the car in front of her when they stopped to make the pick up. Luckily for her there was no damage to the car or the child that was about to enter the vehicle, but she was not that lucky to avoid a ticket from the cop that was on patrol at the school. She was given a stern warning from the cop and a ticket.

This incident could have been worse, the child may have been entering the car and with the impact from the car behind been hurt, another scenario could have been where the “texter” not paying attention not see a pedestrian crossing and come into contact with them causing them injury. These are just some of the cases we have seen at our firm. We always advise if you are a victim of this type of accident, you should contact an attorney experienced in personal injury to ensure that your rights are reserved.

Our offices are located all over South Florida and we offer free consultation. We can be reached at 954 346 0607 or 305 624 9186 or online. My staff will review your case to ensure that your rights are protected and you get the compensation that you deserve.

Living in South Florida along with the beautiful coastlines on our east and west coasts we have an abundance of lakes, canals and the Everglades, need I say anymore. In the previous blogs I have written they have been mainly about dog bites etc… never anything like this. I found this article in the Sun Sentinel and had to blog about it. Read below…

What if you are attacked by an Alligator??

Fort Lauderdale, FL Sun Sentinel- BEWARE - Alligator Safety Tips

Stay out of the Way!

Seek immediate medical attention if bitten by an alligator. Bites often result in serious infection.

I used this article as a "food for thought" to make you think about it. What do you really do should you find yourself in a situation like this, or receive this type of injury who would be responsible for my medical bills.

We all live, or within close proximity to a beach or neighborhoods that border lakes and canals. Alligators can be found at pet stores and considered as exotic pets, but as they grow and become too big to be kept as pets they are released into canals and the lakes becoming a danger and nuisance for the homeowners in the respective neighborhoods in Fort Lauderdale and its environs.

Should you or a loved one become a victim on this type of injury, after seeking medical attention you should seek counsel from an experienced attorney in personal injury, to ensure you know your rights. Contact us at any of our offices located in Fort Lauderdale, Pembroke Pines or Weston, online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

In an earlier blog this month I mentioned that March is considered Bicycle month in South Florida. Just got a notification that the City of Coconut Creek with be hosting a Bicycle Safety event this weekend at Sabal Pines Park.

(Sun Sentinel, FL) The City of Coconut Creek Parks & Recreation Department, the Coconut Creek Police Department, Broward County Bike Patrol and Alex’s Bicycle Pro Shop are sponsoring “Let’s Move Bicycle Safety,” an event where kids can learn how to ride a bike and change a flat bicycle tire. The pro shop will have racing bikes on display and kids can meet a professional bike racer.

The event is from 11 a.m. to 1 p.m. on Saturday, March 31 at Sabal Pines Park, 5005 Northwest 39 Avenue. It’s free and no registration is required. For more information, call 954-956-1580 or visit www.coconutcreek.net/events.

As a Fort Lauderdale Attorney I have represented families of victims of bicycle accidents, recently I posted a blog about a 15year old what was involved in an accident in Davie whilst riding to school. I cannot begin to stress the Due Diligence that cyclist have to follow when sharing the roadways with vehicles or even in the parks with other cyclist, skateboarders, people running or walking.

1. PLEASE ALWAYS WEAR PROPER HEADGEAR /HELMET

2. Wear brightclothes - so you will be seen by other bicyclist; pedestrians; and road users;

3. Ensure your bicycle is outfitted with lights and reflectors;

4. Also just like when driving no texting the same applies for cyclist no texting and no use of headphones or headsets as you may be distracted and not be alert to the noises around you such as a car horn blowing;

5. Always wear the right clothing - pants with loose pant legs can get caught up in the bike chain; wear the correct shoes preferrable sneakers as other types of footwear will not grip the pedals. Barefoot riding is NOT an option.

As a Fort Lauderdale Personal Injury Attorney practicing this type of law for over 10 years, I have represented cyclist that have been the victims of reckless drivers on the road with success. I have ensured that their loved ones receive the compensation that they deserve. Should you or a loved one become a victim of personal injury please do not hesitate to contact our office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Within the past couple days on the news there have been reports of hit and run accidents some involving bicyclists being hit by negligent drivers and mainly pedestrians on crosswalks etc. As an Attorney practising in Davie and its environs, I am experienced in these types on injuries whether it be personal injury; accidents involving cyclists; pedestrians or vehicular, I always advise my clients to seek legal counsel to ensure that you know your rights and you get the compensation you deserve. Below is a story from the Miami Herald involving the Davie Police Chief.

Davie, FL (Miami Herald) Police Chief Patrick Lynn was driving his unmarked car Wednesday morning when he hit a teenage boy riding a bicycle just yards from police headquarters.

"I'm a little upset that the chief was at fault in the accident and didn't get a ticket," she said Thursday. "If I would have hit someone, I would have gotten a ticket. So because he's a police chief he doesn't get in trouble?" Read more…..

As you see from the story above the cyclist was rightly in the crosswalk when he was hit. The report stated that the light was red and the teenager had right of way. Luckily for all parties involved there were no serious injuries, but I would advise my client to still visit your Medical practitioner as with some accidents, "silent injuries" as we call them, may take a couple days to surface, but still should be documented to assist you should you decide to file claim.

Should you or a loved one be a victim of personal injury due to a negligent driver you should immediately seek legal counsel to ensure you know your rights. Contact our local office for your free consultation via telephone 954 431 8100 or 305 624 9186 or online.

Continue reading "Bicyclist hit in Davie" »

Listening to the WSVN news this morning I had to post this tragic story today, just read below….

MIAMI GARDENS, Fla. (WSVN) -- Family and friends of a Florida teen shot and killed in a neighborhood watch want the gunman responsible behind bars.

Zimmerman has not been charged in connection with Trayvon's death.

This is truly a tragic story and my condolences go out the family. In this case family members should they decide to file claim may be able to recover monetary compensation for their loss.

As an experienced Attorney practicing wrongful death law and personal injury in Fort Lauderdale my advice to his family would be seek legal counsel to ensure that you know your rights should they decide to file a wrongful death claim. If you lost your loved one due to a wrongful death, you may be eligible to receive compensation under Florida law. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Unnecessary Action - 17-yr-old shot and killed" »

What are the odds of this happening to you - you take your family out to dinner then a fight breaks out in the restaurant and your child is injured. This is what happened recently at the Steak 'n Shake in Davie, Florida. See below the article I saw on our local TV channel WSVN 7 recently.

DAVIE, Fla. (WSVN) -- Children were among those injured after a fight broke out at a South Florida restaurant.

The fight began over seating at the Steak 'n Shake near Stirling Road and University Drive, Sunday.

Police arrested one of the men involved in the fight.

This is not a situation that is a daily happening, you go out for dinner with your family, a fight breaks out in the restaurant between two patrons over seating arrangements and your child gets injured along with five other people that were all taken to the hospital. The report stated that one of the men involved in the fight was arrested.

Always seek legal counsel from an experienced Personal Injury Attorney to ensure that you know your rights. As I always advise keep proper records preferably a timeline from the date of the injury to present; keep records of all medical injuries and bills; get an accident report from the Manager of the establishment which in this case was the Steak 'n Shake and in this case seeing that police was called to the scene you should get a copy of the police report. All these documents you should present to your Attorney to assist him in building a strong case on your behalf. Contact us online or via telephone 954 431 8100 or 305 624 9186 for your FREE consultation.

Continue reading "Child and others injured at Restaurant" »

PREVENTION: On my way into work this morning I usually take the back roads of Fort Lauderdale to avoid traffic. Coming up to a four way stop as usual I slowed down in anticipation for the stop, stop, then proceed. So I reach the stop line and proceed - as I step on the gas to move forward, out from the street a cyclist just turns into my lane. Had I sped off from my stop this would not have been a story that I would be writing about today.

Cyclist please beware of your surroundings and be careful on the roads daily, as there are very few drivers that are aware of their surroundings and alert at all times. I took some tips from my previous blogs and listed them below for you:

• HELMETS or PROTECTIVE HEADGEAR SHOULD BE WORN AT ALL TIMES

• Bicycle lanes are typically designed for through travel. To make a right turn where a right turn lane is provided to the right of a bicycle lane, a cyclist should leave the bicycle lane, since continuing in the bike lane to the intersection and making a sharp right turn could surprise a motorist in the right turn lane.

• A bicycle lane is a lane marked with a stripe and symbols for the preferential use of bicycles on a roadway (motorists may enter or cross a bicycle lane to turn into or off a roadway at intersections and driveways).

• A cyclist operating on a one-way street with two or more traffic lanes may ride as close to the left-hand edge of the roadway as practicable.

• A bicyclist may NOT wear a headset, headphone, or other listening device other than a hearing aid when riding. Wearing a headset blocks out important audio clues needed to detect the presence of other traffic.

• Where a bicycle lane is continued along the right side of a through/right lane, a cyclist who intends to go straight may need to adjust their position to the left to reduce the hazard of being cut off by a turning motorist.

• Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede traffic when traveling at less than the normal speed of traffic at the time and place and under the conditions existing, and shall ride within a single lane.

• A cyclist who rides on a paved shoulder should still travel on the right because (1) this reduces crash risk at intersections and driveways (drivers don’t expect traffic on shoulders to approach from the “wrong” direction) and (2) whenever the cyclist enters the roadway (e.g., to pass a pedestrian or other cyclist, cross an intersection, keep clear of a vehicle approaching to enter the roadway at a driveway, avoid debris or obstructions, etc.), right-side operation becomes mandatory.

Above are just some tips that cyclist should be aware of when using the roadway to ensure their safety and avoid injury.

Whether you are in Broward or Miami Dade County, should you or a loved one be the victim of a bicycle injury, contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to seek legal counsel.

In the local Weston newspapers I found an article about a student of a Weston Elementary school that received serious injuries from a hit and run accident. The article stated that the student apparently ran out of the school yard through a gate that was open an unattended before his morning line up.

The report stated that the student ran into the street and was hit by a car. The driver of the vehicle that hit the kid did not stop but witnesses were able to provide the police the tag # of the car that was involved. Paramedics and police were called out to the scene of the accident, he sustained injuries serious enough to be hospitalized. He suffered a broken leg and internal injuries he was hospitalized for a week.

His parents sought legal counsel from a Fort Lauderdale attorney who is experienced in this type of accident injury, but then again who would be the responsible party. They provided their attorney records of the injury and all medical bills that their son sustained along with pictures of his injury and the immediate area at the school where the gate is located. As I stated earlier there are schools and neighborhoods being built all over Broward County and drivers have to practice their due diligence when driving on the streets and highways, especially through school zones.

Whether you have personally been injured or harmed in a pedestrian accident or whether you are the relative of someone killed as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. A qualified and experienced lawyer in this field can work to get compensation for harm, injuries, distress, medical costs, loss of earnings, and any other damages or expenses that result from the pedestrian accident. Contact us online or at 954 431 8100 or 305 624 9186 for your FREE consultation.

On one my regular trips to the mall to drop off/ pick up my daughter, I’ve realized the dangers that can come to you before you have even entered the mall. Sometimes whilst I sit and wait for her to come out I see things that can happen, drivers not paying proper attention to their surroundings and pedestrians doing the same.

These mishaps I am sure are numerous and as an experienced attorney practicing personal injury law in Fort Lauderdale and its environs I have represented victims of these types of personal injury, but I can also see that some of these victims may not think that they can file a claim for the injuries that they may have sustained from inattentive drivers.

I have made a short list of my observations whilst at the mall:

* Do not walk closely behind parked cars as you never when the car may have a driver ready to reverse an may have not seen you walking behind the car;

* Pay close attention when you are crossing the car park, I have seen people just cross the car park drive ways without even looking;

* Families please watch your children. I have seen on numerous occasions where they take the child out of the car and maybe getting something else out of the car and the child decides to walk out from the safety of the parked vehicle.

Should you ever find yourself in any type of accident no matter how minor it is you should always seek legal counsel. Our office is experienced in handling minor injury claims; we will ensure you get the compensation that you deserve. Please contact us for your free consultation, either online or at 954 431 8100 or 305 624 9186.

This story caught my interest whilst I was doing research for my writing Twelve students and two teachers at the North Orange County Regional Occupational Program building in Anaheim were taken to the hospital with injuries after the roof of the adult classrooms collapsed on December 15, 2008 because a main drain failed. News reports in The Orange County Register, the injured victims suffered neck, back, muscular, skeletal and wrist injuries.

Officials are saying that the roof caved in after a main drain failed above one of the classrooms. This caused water to collect and the roof to cave in taking an air-conditioning unit down with it. The injured victims were said to have been between 17 and 50 years old. It was stated in the article that the school took out a building permit for a new roof in August of 2007 and a final inspection was completed the following month.

Reading this article I realized that this can happen at any time in Florida, and as a Fort Lauderdale attorney I would advise the injured to seek legal counsel from an experienced personal injury attorney immediately after seeking medical attention. Keep records and a timeline from the time the accident occurs to present: pictures of all injuries and medical bills for injuries and rehab that was incurred.

Should you or a loved one find yourself being the victim of personal injury, you should immediately contact an experienced personal injury attorney, as the authorities responsible for maintenance of the building can be held liable for the injuries caused from the roof cave-in. Contact us for your free consultation at 954 431 8100 or 305 624 9186.

In Fort Lauderdale, Sunrise, Plantation, Weston and many other cities across Broward County kids and teens can be seen maneuvering their skateboards in all the plazas in these cities. We have found that in many cases, a skateboarding accident normally results from someone else's negligence.

Skateboarders are often invisible to distracted, inattentive drivers of cars, SUVs, vans, and trucks. Even if these kids follow the rules and practice their own safety tips whilst skateboarding, they can still be hit by negligent drivers. Hospital emergency rooms state that approximately 26,000 persons are injured yearly. Most of these skateboard injuries can stem from sprains, fractures, contusions and abrasions; these are some of the most common types of injuries.

Some of the factors that can be taken into consideration and that can add to the reasons for some of these accidents besides driver negligence, are the rider may not be wearing the proper protective equipment, poor board maintenance and irregular riding surfaces.

Our office has also seen that these injuries happen mainly to the following:
• Almost every 6 out of 10 kids under the age of 15 are more susceptible to injuries due to lack of experience on their board;
• Skaters with a year or more of experience have the next highest number of injuries as they are the ‘risk ‘ takers - willing to try more tricks on their boards;
• Experienced skaters mainly suffer injuries when they fall after they strike rocks and other irregularities in the riding surface or when they attempt difficult stunts.
• Riding surfaces that are uneven such as surfaces that have holes bumps rocks and other debris account for over half of the skating injuries leading to falls. Before riding, skaters should screen the area where they will be riding by checking for holes, bumps, rocks and any debris.
• Skating in the street can result in collisions with cars causing serious injury and even death.

South Florida known as the “Sunshine State” is home of these skateboarders, hence the reason why there has been a rise in injuries mainly from driver negligence. Should you or a loved one be the victim of personal injury due to driver negligence whilst riding their skateboard you should seek legal counsel for your minor to ensure that you are compensated for damages and medical bills should you decide to file claim. Contact us online or call us at 954 431 8100 or 305 624 9186 to set up a FREE consultation to discuss your legal options.

Continuing from my previous discussion/blog post Safety Tips for Cyclist, I have realized that this topic is extremely interesting and informative for all. Again I always state should you or your loved one find yourself a victim of a bicycle accident always seek counsel from an experienced attorney practicing in Fort Lauderdale to ensure your are properly compensated. Bicyclists of all ages are on the road daily and should follow these road rules to ensure their safety at all times.

Here are some more tips for proper road safety and the codes where you can find the Statute pertaining to bicycle riding:

SIDEWALK RIDING (see Section 316.2065, F.S.)• When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian.
• A bicyclist riding on sidewalks or in crosswalks must yield the right-of-way to pedestrians and must give an audible signal before passing.

SIGNALING TURNS (see Sub-section 316.155(2) and 316.157(2), F.S.)• A signal of intention to turn must be given during the last 100 feet traveled by the vehicle before turning. If a bicyclist needs both hands for control, the signal need not be given continuously.
• A bicyclist may signal intent to turn right either by extending the left hand and arm upward or by extending the right hand and arm horizontally to the right side of the bicycle.

Whether you are in Broward or Miami Dade County, should you or a loved one be the victim of a bicycle injury, contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to seek legal counsel.

With the weather as perfect as it is in South Florida, families and kids can be seen daily at the local parks and playgrounds enjoying the sunshine. In many of these cities across Broward and Miami-Dade county are owned by the cities and public agencies. Should you or a loved one be a victim of personal injury at one of these parks you should first contact the city that the park is located to find out that the deadline is for filing claim should you decide to. Many of these cities have short deadlines set for filing claims and they could run from 60 – 90 days within which you may have. After contacting the city and seeking medical attention you should immediately contact an experienced attorney in the city to seek legal counsel and file claim.

Examples of park and playground accidents resulting in personal injury are:
• Broken/poorly maintained park or playground Equipment (swings, “monkey bars” climbing apparatus, slides, gates)
• Falls from heights in parks/playgrounds
• Broken pavement in parks and playgrounds
• Exposed tree roots in parks or playgrounds

Apartment complexes, condominiums, cooperatives and schools also own or maintain parks and playgrounds. Whether the owner or operator of the park or playground where the accident you are inquiring about is a public or private entity, you should contact your personal injury attorney so they can perform a prompt investigation and advise you of your rights.

As an experienced attorney practicing in cities such as Fort Lauderdale, Sunrise, Davie, Cooper City, Weston, Plantation, Miramar and Pembroke Gardens, daily we see victims of these types of injury mainly to kids. Parents and victims should always remember to take pictures of the area where the accident occurred and the damages to the victim. Keep records of all the victims’ injuries including medical bills etc.

If you or someone you know has been injured in a park accident or playground accident, contact an experienced personal injury attorney to seek legal counsel to ensure you are properly compensated. Contact us at 954 431 8100 or 305 614 9186 to set up a FREE consultation to discuss your legal options.

South Florida is considered a growing state and Broward County’s population is growing by leaps and bounds. As you will see across the county there are neighborhoods being built in and around the county, and with these new neighborhoods being built there is the need for schools for the families that will be residing in these neighborhoods.

Recently out in Weston an elementary school student received serious injuries from a hit and run accident. The student apparently ran out of the school yard through an unattended gate right into the street just before his morning line up. Paramedics and police was called out to the scene of the hit and run, he sustained injuries serious enough to be hospitalized. He suffered a broken leg and internal injuries he was hospitalized for a week.

His parents sought legal counsel from a Fort Lauderdale attorney who is experienced in this type of accident injury. They were able to provide the attorney record of the injuries that their son sustained, pictures of the injury and pictures of the immediate area where the hit and run accident occurred. They also provided all the medical bills for the injuries that their son sustained. As I stated earlier there are schools and neighborhoods being built all over Broward County and drivers have to practice their due diligence when driving on the streets and highways, especially through school zones.

Whether you have personally been injured or harmed in a pedestrian accident or whether you are the relative of someone killed as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. A qualified and experienced lawyer in this field can work to get compensation for harm, injuries, distress, medical costs, loss of earnings, and any other damages or expenses that result from the pedestrian accident.

Contact Cohn, Smith & Cohn today for a free evaluation of your case. We have more than 35 years of experience successfully pursuing personal injury lawsuits in the State of Florida, and we are dedicated to getting you the fullest possible compensation for your injuries. At a free consultation, our dedicated attorneys will discuss all of your rights and options with you, to help you determine your best course of action. Because there's no further obligation to you, there's no harm in speaking to us. Contact us online or call us at 954-431-8100 or 305-624-9186 to set up a FREE consultation to discuss your legal options.

In South Florida, because of the favorable weather, children are spending more time both indoors and outdoors playing in neighborhoods, their local parks or even their own homes. The Florida Department of Health and Safe Kids Florida, a nonprofit organization, are advising parents and caregivers to be on the lookout for safety hazards to children, statistics have shown that over 400 children under the age of 14 died from unintentional injuries and another 6000 children were hospitalized due to unintentional injuries.

Children can also get hurt in summer camp, on field trips and even in their own backyard. Whenever a minor suffers an accident, it is imperative for the parent to seek compensation not only for the injury and medical bills that arise , but also for any future suffering the child may encounter do to the stress, scaring and mental or emotional trauma to the child. Many injuries can be prevented with the implementation of safety precautions by parents and caregivers.

Some basic measures that can be helpful are:
a) Parents and caregivers should ensure that playground equipment is frequently inspected and kept in good maintenance and repair.

b) Children should not be left unattended in any vehicle, even with windows open or for short periods of time.

c) Vehicle doors and trunks should be locked at all times and keys / remote entry controls should be kept out of the reach of children.

d) Diligent supervision of children in and near water, whether it be a day at the beach or in your own backyard pool.

e) All poisons including household cleaning products, medications, pesticides, and alcoholic beverages out of the reach of children.

f) A toy should always be inspected and age appropriate before handing it to a child, to make sure of its integrity.

Should your child suffer a personal injury, seek counsel from an experienced personal injury attorney should you decide to file a claim. An experienced attorney in Hollywood, Margate, or Fort Lauderdale, can make sure to protect your rights and secure proper compensation for your child.

On a Monday Dr. Jameson, a former surgeon, was driving his sports utility vehicle, at the intersection of State Road 7 and Pembroke Road where he ran a red light and slammed into a car seriously injuring a school administrator and her 10-year-old daughter a minor. Both occupants of the vehicle suffered serious injuries from the crash enough for them to be taken to a Broward hospital emergency room. Dr. Jameson suffered minor injuries.

Reports taken from the scene of the crime stated that the physician was given a sobriety test, as it was alleged that he seemed unaware of his reckless driving and that he caused injuries to others. After investigation, it was revealed that the surgeon had three previous convictions for driving while under the influence of intoxicants. The police report also stated that the doctor may have also ingested a combination of prescription medications prior to the accident.

The injured woman and her family sought legal counsel from personal injury attorney in Davie, to assist in filing personal injury claims against the surgeon for loss of wages, damages to her vehicle and compensation for medical bills for herself and her daughter a minor, of whom the injuries sustained from the accident can have a long term affect in her future.
Contact an experienced South Florida attorney in your city, who will advise you of your legal rights and ensure you receive proper compensation for your losses and damages you may have incurred.

With summer nearing for students across Broward County, this usually means participating in organized sports and summer camp activities will begin. On any given day, because of South Florida’s all around perfect weather, you will find kids and teens on fields in cities such as Margate, Plantation, Weston, Cooper City and Fort Lauderdale attending practices in their sport of choice. Whether its baseball, football, soccer or cheerleading, safety precautions need to be taken to avoid injuries for all.

Each sport has its own safety gear; football requires helmets, and shoulder pads, baseball; helmets are also essential along with gloves for grip and athletic cup protection, soccer; shin guards and special shoes. It is also becoming a standard in all sports that mouth guards be used for protection as well. Whatever the sport your child chooses to participate in be sure you are also ensuring that the proper safety gear is being used. Strains, bruising and broken limbs are the most common childhood sport injuries.

Coaches play a vital role in teaching each participant not only the rules of the sport, but also the safety precautions and how to use the equipment needed to perform. As a parent, it's important for you to get involved with your child’s activities and know that the coach is taking the precautions necessary for that particular sport. Sports that require physical contact, such as football, obviously need to follow more safety precautions. The athletes of today are bigger and faster, meaning the collisions can cause a lot more damage. Although, sports safety gear can't guarantee prevention of injuries, they are designed to reduce the risk.

Should your child be injured playing any sport, contact your South Florida Personal Injury Attorney to know your rights and to ensure your child receives proper compensation.

Nine months after a nine-year-old girl died crossing the street in front of her house, a driver has been arrested for causing her death. As a Pompano Beach car accident attorney, I was pleased to read about the arrest in the child’s May 4 death. According to a Feb. 18 article in the South Florida Sun-Sentinel, Daniel Pagan, 20, was arrested the day before for causing the death of Crishna Edwards of Hollywood. Pagan, of Dania Beach, was accused of speeding and illegally changing lanes in the moments before his car hit Edwards. In addition to the vehicular homicide charge, he faces charges of driving with a learner’s permit without a licensed driver in the car and driving without a license causing a death. He was released on $2,500 bail.

An article from the time of the May 4, 2010 crash said Pagan did not leave the scene and was cooperating with police, but was not originally charged. Police said Pagan was driving 50 mph in a 30-mph zone of North 23rd Avenue in Hollywood just before the crash. They also said he was traveling behind a van that had slowed because children were playing in the area, but apparently changed lanes into the oncoming traffic lane in order to avoid a slowdown. A police spokesman said that an accident reconstruction showed the crash likely wouldn’t have taken place if Pagan had been driving more carefully. They noted that he lived in the neighborhood at the time and should have known the area frequently had children playing.

As a Weston auto accident lawyer, I’m pleased that the justice system worked for this family. When child pedestrians are involved in car wrecks, insurance companies sometimes try to blame the child for running out into the street or otherwise causing the accident. There’s no doubt that some accidents truly do happen that way, but children can be victims of bad driving just like adults sometimes are. In this case, the police’s statements make it clear that they believe Pagan’s speeding and recklessness were the main contributors to the accident. And if that’s the case, he and his insurance company can be held financially responsible for the damages caused to this family.

Continue reading "Dania Beach Man Charged in Vehicular Homicide of 9-Year-Old Girl in Hollywood" »

As a Pompano Beach boating accident attorney, I was sorry to read about an accident that left a teenager in critical condition. As the Palm Beach Post reported Feb. 8, 14-year-old Gabby Desouza was scheduled to have her leg amputated that day after it was caught in a boat’s propeller. Desouza was hurt after she and several friends ran into the surf in Juno Beach to meet a boat. The boat’s operator apparently advanced too close to the teens and hit three of them. Desouza had the only reported serious injuries and was taken to St. Mary’s Medical Center in West Palm Beach, where she was initially reported in critical but stable condition. The Palm Beach County sheriff’s department is investigating.

According to an earlier article, Desouza and her friends were in shallow water on the afternoon of Feb. 5 when a boat approached, apparently with friends of the teens on board. Lifeguards repeatedly asked the boater to leave the swimming area, but with no effect. As the girls tried to get into the boat, a wave washed it closer to the shore. A bigger wave approached, and to keep from being grounded, the boater apparently revved the engine. Unfortunately, that pushed the boat forward into the girls, knocking them down and catching Desouza in the propeller. Her friends rushed her to shore to get medical help from lifeguards and the boat sped away. Authorities later found the boat at the Crab House in Jupiter, impounded it and detained two people believed to have been on board for questioning.

It’s not clear whether the boater in this case has broken any laws; the sheriff’s office will make that determination. But as a Miramar boating accident lawyer, I think it’s likely that the boat operator was negligent, regardless of whether he or she broke the law. Negligence is a concept in civil – not criminal – law, meaning failure in the duty to take reasonable care that we all owe one another. Not heeding the lifeguards’ repeated requests to get out of the swimming area was probably negligent. If the boat operator broke boating rules by being in the swimming area, which seems likely, that would also be negligent. Victims of negligence can recover damages when the negligence leads to serious injuries, as in this situation, but they have to sue rather than rely on prosecutors.

Continue reading "Leg of Palm Beach Gardens Teen Reportedly Amputated After Accident With Boat Propeller" »

As a Coral Springs child injury lawyer, I was interested to see a recent Sun-Sentinel article on penalties for a day care center whose employees’ negligence caused a toddler’s death. Two-year-old Haile Brockington died in August after employees left her strapped into the van the center used to pick up children and take them to Katie’s Kids Learning Center. The van’s driver and the director of the center are charged with aggravated manslaughter of a child, and both were fired from the center. However, the owners of the center, Kathryn Muhammad and Barbara Dilthey, were fined $2,000 by the Palm Beach County Environmental Hearing Board. That fine reflects the maximum $500 fine for each of the center’s four violations of child care regulations, which were not named.

The fired employees appear to have simply forgotten about Haile Brockington on Aug. 5, the day of her death. The police and health department found that the adults had signed off for Haile on transportation, meal and attendance logs. Meanwhile, Haile was actually left in the center’s van for more than six hours, on a day when temperatures reached 91 degrees. The county health department had recommended a total fine of $1,000 for Katie’s Kids, but the Environmental Hearing Board doubled that fine because the case involved the death of a young child. In fact, one board member said he would like to have raised the fine more if there had been a way to do it. Muhammad and Dilthey are also facing a lawsuit by the Brockington family.

That doesn’t surprise me at all. Injuries to children and teens are some of the most heart-breaking injuries I see in my job as a Deerfield Beach injuries to minors attorney. Often, as in this case, the victim is too young or too incapacitated in other ways to have any control over the situation or even raise an alarm. Fortunately for this family, the fines against the day care center are not the only legal consequences for its part in the child’s death. Whether or not the county has assessed an adequate fine, the family can pursue justice through a wrongful death lawsuit. Families that have lost someone through another person’s negligence can never replace that person with money, of course, but they can win fair compensation for their emotional losses and all of the costs caused by the death, which often include very high medical and funeral costs.

Continue reading "Palm Beach County Day Care Gets Maximum Fine for Child’s Death in Hot Van" »

Last year, I wrote about the very sad drowning death of a two-year-old boy who wandered into an apparently unsafe backyard near his home. Isaac Dieudonne, 2, walked out the front door of his new home and into the pool area of the next-door neighbor’s home, which was vacant. At least two gates leading to the pool were reportedly open, despite laws requiring self-latching gates intended to prevent this type of accident. At the time, the case attracted my attention because of speculation that the home was vacant due to foreclosure. On Oct. 29 of this year, that speculation was confirmed by a McClatchy article about the Dieudonne family’s struggle to hold someone responsible for Isaac’s death. Because the home is in foreclosure, it isn’t clear whether the mortgage holder, mortgage servicer or maintenance company should be responsible.

According to the article, the Dieudonnes’ Miramar premises liability attorney wasn’t even sure who owned the property at first. The title had changed hands several times; some documents were fraudulent or had serious errors; and was at one point being foreclosed on in two cases at the same time. As a result, the family has named 20 defendants in the case, including owners, servicers, maintenance companies and a company that was holding the title for an owner. Some of the defendants claim they didn’t own the property at the time of Isaac’s death. All of this has already complicated the case, with an unnecessary move to federal court, and with 20 corporate defendants, more delays are likely. The Dieudonnes claim that neither the side gate to the home’s backyard nor the gate into the pool were fitted with self-closing spring locks, as required by Miramar city code -- and that they’re still unsafe today.

Unfortunately, drowning in swimming pools is a well known risk for toddlers and young children, which is exactly why cities have laws about self-latching gates. Under normal circumstances, a property owner’s failure to follow those laws can expose him or her to a premises liability lawsuit like the one the Dieudonnes are pursuing. Florida law gives everyone who owns or operates a property a legal obligation to ensure that the property is safe. This includes protections against foreseeable dangers, including the danger that a small child could get into a swimming pool without supervision. In my experience as a Lauderhill premises liability lawyer, handling this in a private home is usually a matter of handling the homeowners’ insurance company. But when it’s not even clear who owns the property, the entire process gets dragged out -- and the family’s suffering unfortunately gets dragged out along with it.

Continue reading "Family’s Swimming Pool Accident Lawsuit Complicated by Pool Home’s Foreclosure" »

As an Aventura wrongful death attorney, I was dismayed to see that a 14-year-old girl has died after a bad car accident with a law enforcement officer. The South Florida Sun-Sentinel reported Jan. 25 that Cara Catlin, a freshman at Northeast High School in Oakland Park, died Jan. 23 in a crash with a Broward County Sheriff’s Deputy. Catlin was riding in a car driven by her 21-year-old stepsister, Heather Meyer, who was also injured in the crash, as was Gabriel Alegria, 15. Both Meyer and Alegria were hospitalized in stable condition. The deputy, 21-year-old Frank McCurrie, was treated for minor injuries and released. Homicide investigators are looking into whether the deputy was speeding when the accident occurred.

McCurrie was going straight through the intersection of Northeast 56th Street and Dixie Highway when Meyer was making a left turn; both had green lights, but Meyer did not have a green arrow. The first reports about the accident said McCurrie didn’t have his lights and siren on when he passed through the intersection. A Broward Sheriff’s Office spokesperson later said McCurrie didn’t need the emergency signals because he wasn’t responding to an emergency. However, a witness told the newspaper that the deputy was going around 70 mph, in a 40-mph zone, before the crash happened. Investigators say it’s too early to confirm that claim, but that it will be investigated thoroughly. Meyer, Alegria and an aunt of Catlin’s, Edie Bronder, all declined comment. Bronder said the family is consulting an attorney.

This is a very sensible decision. Calling an attorney so soon may sound premature to some people, but as a Boca Raton wrongful death lawyer, I know that families need to start right away if they plan legal action against law enforcement. The Broward Sheriff’s Office is a government agency, of course, and all government agencies have special rules governing lawsuits against them. In Florida, these include shorter deadlines for filing and special administrative procedures families must complete before they can file claims. If you’re considering a lawsuit against a police department or any other government agency, it’s very important to make sure you follow these rules to the letter, because deviation can delay your case or even cause you to miss the deadline entirely. If that happens, you may be unable to sue at all, no matter how strong your case is.

Continue reading "Car Crash With Broward Sheriff’s Deputy Kills Fourteen-Year-Old Girl" »

As a Pembroke Pines child injury attorney, I was very interested to see a story about a lawsuit against day-care center that left a child alone when employees went home for the evening. The South Florida Sun-Sentinel reported Jan. 14 that Inari Martin, 16 months, was put down for a nap by an employee who didn’t mention the child to others before leaving. When her mother, Natasha Henry, came to pick her up, Henry found the building locked and dark and couldn’t reach the center’s employees. Inari was fine, but Henry claims the panic of not knowing where her child was caused her to go into premature labor at 35 weeks. It’s the second known lawsuit against the center, though the details of the first were not reported.

According to the lawsuit, Henry had been bringing her daughter to the center for 11 months before the Jan. 6 incident. As was usual, she arrived at the center between 7:30 and 8 p.m., after work, to pick up Inari. However, the center was closed. Henry tried repeatedly to call center employees or its director, her lawsuit claims, but had no success. Panicking and feeling contractions, she called the Broward County Sheriff’s Office. Officers managed to reach an employee, who said it was possible that employees had forgotten Inari. Knowing that temperatures were likely to dip into the 40s that evening, police decided to break through a glass door out of concern for Inari’s safety. They found the girl in the dark, cold, wet and crying, but unharmed. It was not reported whether Henry ended up delivering her child.

As a North Miami injuries to minors attorney, I am interested in this article in part because the reported facts so clearly point to liability by the center. In many cases involving injuries to children and teenagers, an injury lawsuit follows a criminal prosecution by the local State’s Attorney. But in this case, there may not actually be a criminal statute that applies -- that is, the center and its employees may not be guilty of any crime. (They may still have violated administrative rules and face professional consequences, like the loss of a license.) Of course, plaintiffs are free to bring legal claims even in cases where there is a criminal prosecution as well. But when prosecutors cannot or will not bring criminal charges, families may have no access to justice whatsoever unless they choose to pursue a civil claim like Henry’s.

Continue reading "South Florida Family Files Suit Against Day-Care Center That Forgot Child" »

As an Aventura injuries to minors attorney, I have written several times about the dangers to young children from unattended swimming pools. I am sorry to say that the city of Delray Beach saw another such accident Dec. 29. According to the South Florida Sun-Sentinel, a three-year-old boy and a boy and a girl, both two, somehow got into a neighbor’s backyard around 5:30 p.m. as they were visiting a family friend. One of the boys was hospitalized in critical condition Tuesday, while the other children were in stable condition. Delray Beach police are investigating how the accident occurred.

The boys are brothers and the girl is their cousin, according to family friend Manette Joseph. Both of their mothers were visiting Joseph’s home while Joseph was working that day. It was unclear whether an adult was watching them when they were outside, but a neighbor, Matilda Corona, had warned the children and a teenager to stay away from her own pool earlier in the day. When the children were found in another neighbor’s pool, Corona’s daughter-in-law, a nursing student, was called to perform CPR. Because the pool was murky and dirty, a Fire-Rescue dive team was called to ensure that there were no more children in it.

The nursing student told the Sun-Sentinel that she didn’t see a screen around the pool. If so, it suggests that the unnamed neighbor may have violated Florida law by failing to erect a fence sufficient to keep small children out. Swimming pools are a leading cause of accidental drowning in toddlers, taking the lives of about 300 children under five each year. For that reason, state law requires owners of new swimming pools to erect a fence around their pools high and secure enough to keep young children out. Failure to follow this law can result in a criminal charge, as well as clear liability in any West Palm Beach child injury lawsuit. This is entirely separate from the issue of whether the children were adequately supervised by adult family members. If they were not, both parties would be at fault and any financial recovery for the family would be reduced accordingly.

Continue reading "Toddlers Hospitalized After Wandering Into Unattended Delray Beach Pool" »

As a Dania Beach injuries to minors attorney, I was alarmed to see a report from NPR Nov. 9 that a manufacturer is recalling strollers because of a serious risk they pose to their young passengers. Maclaren USA is recalling every umbrella stroller it’s sold in the United States since 1999 -- about a million altogether. The U.S. Consumer Product Safety Commission says it has received 15 reports of children putting their fingers in the hinge used to unfold and open the high-end strollers, leading to cuts and, in 12 cases, the loss of fingertips. Parents are advised to stop using the strollers immediately and contact Maclaren for a free repair kit that covers the offending hinge. For more information, they can visit Maclaren’s recall page or the CPSC recall information, or call toll-free at 1-877-688-2326.

This is a huge recall for Maclaren, both in size and in potential damage to reputation. Maclaren strollers -- made in China by a British company -- are considered dependable but expensive “yuppie” strollers. As a Miami Gardens child injury lawyer, I am also surprised by the huge scale of this recall. More than a million strollers are involved, which means at least that many children were exposed to the risk of a finger amputation or serious cut. The 15 cases reported to the CPSC may be just the tip of the iceberg, especially considering that the majority involved amputations. In any medical emergency, reporting the incident to the CPSC is not likely to be parents’ top priority. That might be especially true if the injury didn’t result in an amputation, or if the parent though the incident sprung from the child’s actions rather than a flaw in the stroller itself.

In its release announcing the recall, Maclaren emphasized that adults should read instructions before operating the strollers. It also put out a video (dated Nov. 10 on YouTube) instructing operators on safely using the strollers. This implies, but doesn’t outright say, that the problem may be traced to carelessness by adult operators. However, it’s worth pointing out that the hinge problem arises when children stick their fingers into the hinges. Not only are young children’s actions difficult to predict, but we don’t generally expect children under the age of five to take responsibility for avoiding dangers. Indeed, the manufacturer of any children’s product should design its products with that in mind. If it does not, it may be liable in a defective consumer products lawsuit.

Continue reading "Ten Years Worth of Strollers Recalled for Finger Amputation Risk to Children" »

As a Fort Lauderdale injuries to children and minors attorney, I was sorry to see a report that a child was seriously hurt after an accident at Disney’s Fort Wilderness campground. According to a Nov. 2 article on WESH.com, Chloe Wicht, age four, was riding in a golf cart with her father, Charles Wicht, 37, of Big Pine Key at around 10:30 p.m. The elder Wicht told sheriff’s deputies that he swerved to avoid an oncoming golf cart that was not using lights. The force of the swerve tipped over the Wichts’ golf cart, pinning Chloe underneath. She was flown to Arnold Palmer Hospital in Orlando for treatment of injuries to her head, face and throat, and is reportedly in stable but guarded condition.

I’m pleased to see that the little girl is not in immediate danger, although injuries to the head and neck could be serious, lasting injuries. The article doesn’t give many details, but as a Deerfield Beach child injury lawyer, I’m very interested in knowing more about the circumstances of the accident. In particular, I would like to know who was driving the other golf cart and why he or she allegedly wasn’t using headlights. The article mentions that Charles Wicht was using his personal golf cart, but Disney does rent carts for use at the Fort Wilderness campground. If the other driver negligently failed to use the headlights, he or she may be entirely liable for Chloe’s injuries. Blame may also fall on Disney if it rented a golf cart to someone who was inappropriate for the responsibility, because of age, intoxication or previous driving record. And given that golf carts never have seat belts or doors, it’s also worth investigating whether the manufacturer of the Wichts’ cart made a cart that was defectively easy to tip over with a sudden swerve at low speeds.

Here in Florida, we are fortunate to have theme parks and natural wonders that attract many thousands of visitors every year. As I have written on this blog before, most tourists leave safe and happy -- but a handful of people each year sustain preventable injuries on theme park property. According to a report by the Orlando Sentinel, at least 11 people sued Disney’s Fort Wilderness for injuries on its premises between Jan. 1, 2004 and Dec. 21, 2008. They include a woman who claims she was injured after she was run off a path by a golf cart, as well as various people claiming injuries from slips, accidents with equipment and auto accidents. Like all businesses open to visitors, theme parks have a legal obligation to keep their premises as safe as reasonably possible. That’s especially important for businesses aimed at children, who don’t have the same sense of danger that their parents might. When businesses fail in that duty, they are liable for any resulting injuries to children or adults.

Continue reading "Four Year Old Hospitalized After Golf Cart Accident at Disney Resort" »

The family of a nine-year-old boy who lost all of his fingers and suffered serious burns in a go-kart accident has sued both the go-kart manufacturer and the track. The South Florida Sun-Sentinel reported Oct. 5 that the Olmstead family has sued the Palm Beach International Raceway, vehicle manufacturer Carter Bros. and engine manufacturer Briggs & Stratton. No damages were specified, but the family’s Palm Beach County injuries to minors attorney said he expected the recovery in the case to be high. The U.S. Consumer Product Safety Commission, which enforces safety rules for most products, is investigating the safety of the go-kart involved.

The victim, Devin Olmstead, visited the racetrack with his father in May of this year with a go-kart the family owned. According to the article, Devin was racing when he hit rough, uneven pavement, causing the kart to flip and burst into flames. Devin was trapped, and the lawsuit says the track didn’t have personnel, fire extinguishers or emergency phones on hand. Instead, a bystander came to Devin’s aid. Unfortunately, all ten of Devin’s fingers were lost in the fire and he suffered burns from his chin to his torso. In an unrelated motorcycle crash Oct. 4, motorcyclist Isidro Castillo, 32, hit a wall at the racetrack and is hospitalized in critical condition.

As a Pembroke Pines child injury attorney, I already keep a close eye on all accidents related to children and motor vehicles. Motor vehicle crashes are the leading cause of death for American children ages three and older, and accidents with ATVs -- which children may legally operate in most states -- kill more than 100 kids nationwide each year and injure around 150,000 others. Unlike ordinary motor vehicles, go-karts are specifically designed for children, which makes it all the more important that manufacturers ensure that their products are not unreasonably dangerous, even for inexperienced younger drivers. The same goes for racetracks open to children and teens, which have a legal responsibility to make sure their young clients are not exposed to undue risks.

Continue reading "Family of Boy Disabled in Go-Kart Accident Sues Palm Beach International Raceway" »

A Broward County teenager and her family made headlines Oct. 5 when they won $4.3 million in a medical malpractice lawsuit. According to an Oct. 5 article in the South Florida Sun-Sentinel, the Kroll family sued doctors at Coral Springs Medical Center for allegedly misdiagnosing a virus that affected their daughter Haylee when she was just a newborn. Now 15 and a sophomore at Deerfield Beach High School, Haylee has vision problems, a learning disability and permanent cirrhosis of the liver attributed to the illness, called an enterovirus, that affected her as an infant. The medical center was not a defendant in the case, but the jury found two doctors, Jose Colindres and Sedigheh Zolfaghari, liable for Haylee’s injuries. Two other doctors were found not liable.

The enteroviruses are a group of viruses with effects ranging from the common cold to polio, meningitis and other serious illnesses. They are a serious threat to newborn babies who have not yet fully developed their immune systems. The first sign of trouble for the Krolls was when Haylee developed bruises and jaundice; a few days later, she had a brain aneurysm. They said doctors at first told them not to worry, then said to expect Haylee’s death. They contended in their suit that doctors failed to run blood or liver tests that could have helped them diagnose the enterovirus sooner, helping them to avoid the permanent damage to Haylee’s body. The case was first filed when Haylee was around two years old, but was only decided now because of scheduling issues and a 2007 mistrial.

The Sun-Sentinel offered a video interview with Haylee and her mother, Cynthia Kroll:
 

The $4.3 million the family won may seem exceptionally large to some observers. But as a Fort Lauderdale medical malpractice attorney, I am not surprised by such a verdict in this type of case. Medical malpractice claims must cover all of the costs of the injury, including all past and future costs of medical treatment, over the victim’s entire lifetime. Unfortunately, brain injuries like Haylee’s will never go away -- they will always affect their victims to some degree, and likely always need some amount of extra medical attention. For the same reason, Haylee will always struggle with her vision and learning problems -- that is, she is permanently disabled. The $4.3 million judgment covers all of these injuries and others, as well as compensation for her family’s suffering.

Continue reading "Family Wins Medical Malpractice Lawsuit Over Failure to Diagnose Newborn’s Virus" »

As a Broward County injuries to minors lawyer, I was relieved to see a happy ending to a South Florida case that got national attention. Firefighters from Key Biscayne and Miami spent a tense hour Aug. 24 rescuing a three-year-old girl who got stuck in a swimming pool’s drain. According to the South Florida Sun-Sentinel, the little girl was swimming under adult supervision in a backyard pool at a condominium building on Key Biscayne when her arm got stuck. Rescue workers eventually managed to free her, but had to cut a part of the pipe and attached concrete in order to do it. According to the paper, the girl’s hand was slightly crushed, but she was not seriously injured.

It was unclear how the unnamed little girl got stuck in the drain, but the suction created by the drain kept her, and rescuers, from being able to simply pull her arm out. Instead, they tried draining the pool to relieve water pressure, then realized that pressure was not the problem and began cutting out the pipe. While the firefighters worked, the girl’s parents jumped into the pool and helped hold her head above water so she could breathe. After she was freed, she was airlifted to a hospital for further treatment.

Safety advocates told the newspaper that the case underscores the importance of a new federal law intended to prevent just this kind of accident. The Virginia Graeme Baker Pool and Spa Safety Act requires public pools and spas -- including apartment and condo pools like this one -- to install dome-shaped or large and flat drain covers that children cannot get their hands into. Poolsafety.gov, a government Web site explaining the law, said the suction can entrap small children, causing deaths or serious brain damage due to drowning. The U.S. Consumer Product Safety Commission reported 83 swimming pool entrapments between 1999 and 2008, including 11 fatalities and 69 injuries. Nonetheless, safety advocates said pools around the nation, including the Key Biscayne pool, are not complying with the law, and states have not enforced it, suggesting there may be “a huge safety problem.”

As a Boca Raton child injury attorney, I am particularly concerned about this because South Florida is full of swimming pools, many of which are not in compliance with the Act or not obligated to be. However, manufacturers of swimming pool drains and equipment, like all manufacturers, have a legal obligation to make products that are safe to use and free of defects -- or at least warn their customers about potential safety problems. And operators of public and apartment-complex swimming pools are obligated to comply with the Act. In this case, failing to fulfill those duties puts children at risk of death, which I believe everyone can agree is unacceptable. When children are hurt as a result of this negligence, they and their families have a legal right to hold the negligent people legally liable for the injuries and the often-steep financial costs they cause.

Continue reading "Safety Advocates Call for Stronger Product Safety Enforcement After Key Biscayne Girl Entrapped by Pool Drain" »

A two-year-old visiting Florida with her family died Aug. 8 after an accident with an alleged drunk driver, the South Florida Sun-Sentinel reported Aug. 9. Isabella Zepka and her family were visiting Orlando from Durham, N.C., to use a time-share and visit family. She was on her way home from dinner and Sea World on Wednesday when John Molnar, 36, ran a red light and hit the back of her father’s car. Isabella sustained serious internal injuries and a fractured skull; she was taken off life support Saturday. Her brother Alexander, 9, sustained a fractured skull from which he was expected to recover. Her father was not seriously injured.

According to the article, the Zepkas’ car was making a left turn when Molnar ran a red light from the oncoming lane. Officers measured his blood-alcohol concentration at 0.133% and 0.129% in two tests -- both well above Florida’s 0.08% legal limit. Officers also found a plastic bag full of cocaine under the driver’s seat of his car, resulting in an additional charge of drug possession. He told officers that he had had just one beer, the article said, but failed field sobriety tests. His driving record includes a license suspension for a 2008 DUI in New Jersey, as well as four speeding tickets and convictions for careless driving and failure to obey a traffic device, all since 2006.

My heart goes out to the family of this little girl. As a Hollywood car accident lawyer, I’m sorry to say that I regularly see accidents like these, in which alcohol played a deadly role. Drinking and driving may be illegal, but it happens every day in Florida and around the United States. According to 2008 accident statistics from the Florida Highway Patrol, drivers intoxicated by alcohol, drugs or both were responsible for 23.5% of all fatal accidents in the state -- nearly a quarter. This is an improvement over the numbers from four decades ago, but unfortunately, far too many drivers still underestimate the dangers of driving drunk. Until they take this threat seriously and modify their behaviors accordingly, our communities will continue to see senseless tragedies like this.

Continue reading "Toddler Dies in Orange County Car Crash Caused by Accused Drunk Driver " »

The Florida Supreme Court recently handed down a decision that many see as a victory for families of wrongfully killed children in Florida. In Fields v. Kirton, No. SC07-1739 (Dec. 11, 2008) (PDF format), the state high court considered whether parents and guardians may sign a release on behalf of their minor children, when the release has to do with a commercial activity. It decided that they do not have the authority to release their children's liability, which means that the estate of any minor killed in a commercial setting may now sue for wrongful death in Florida.

A release is a contract limiting or removing the legal liability of the company offering the commercial activity. In short, it generally says that you agree to not sue the company if the child is injured during the activity. They are routine parts of the business of bumper car parks, batting cages and other commercial activities that could be dangerous. In this case, a waiver was signed by the father of Christopher Jones, a 14-year-old who was killed at a motorsports park after his ATV landed on top of him. The representative of the teen's estate, Jordan Fields, eventually sued the park and some of its personnel for wrongful death. The defendants asked to throw it out, pointing to the waiver and release the elder Jones had signed. The trial court agreed. On appeal, the Fourth District Court of Appeals reversed that decision, allowing the estate to sue.

The Florida Supreme Court agreed with that decision, ruling that all waivers signed on behalf of minors are invalid in Florida, if the waiver was for a commercial activity. Pointing out that waivers and releases protect the best interests of the business, not the minor, it wrote that these contracts leave the business with no incentive to take reasonable care for the minor's safety. That leaves a strong possibility that the family and the state will suffer the personal and financial burden of the injury, the majority wrote. However, the court drew a distinction between "commercial activities" and "school-sponsored" or "community-run" activities. Citing caselaw from Florida and elsewhere, it wrote that commercial enterprises may buy liability insurance, whereas nonprofit or school enterprises cannot afford it and may choose to close rather than provide services.

Practically speaking, this means that no release or waiver of liability for a minor engaged in a commercial activity is valid in Florida. (After all, minors may not form contracts for themselves.) That could be very important to Florida families that have lost children to a business's careless or reckless behavior. The wrongful death of a child is devastating; the family's discovery that they have no legal recourse against the responsible parties only compounds that pain. Thanks to this ruling, Florida families can now hold responsible parties liable for illegal or negligent actions and seek justice for the children they've lost forever.

As a wrongful death attorney in Aventura, I know all too well that it's impossible to put a price on a human life. But wrongful death lawsuits offer practical benefits to families: money for medical bills, funerals and other expenses related to the accident, as well as the chance to hold wrongdoers legally responsible for the results of their actions. If you have lost someone you love to someone else's carelessness and you'd like to learn more about your options, please contact our experienced South Florida wrongful death attorneys for a free consultation.

A teenager helping his father work at a construction site was killed Jan. 11 when a trench unexpectedly collapsed around him, the Sarasota Herald-Tribune reported. Danilo Riccardi Sr. was part of a construction crew installing concrete culverts at a church, where he brought his three sons, ages 12 to 14, to help out. When he needed water to mix cement, he sent the eldest, Danilo Riccardi Jr., to get some water. But when the younger Riccardi went to the eight-to-ten-foot trench to scoop up some standing water (there was no running water at the site), the walls of the trench collapsed and buried him in a quicksand-like mud. A large rescue crew dug the teenager out but was unable to revive him.

As a spokesman for the Charlotte County sheriff's office said in the article, this situation is a tragedy. My heart goes out to the Riccardi family. But as a South Florida construction accident attorney, I wonder what the Occupational Safety and Health Administration investigation will conclude about the accident. OSHA rules do not apply to non-employees, but construction companies still must take reasonable care not to harm non-employees that visit construction sites. That includes employees of other contractors, passers-by and visitors like the three teenagers. Of course, everyone is still responsible for taking reasonable care around dangerous situations.

Falls are the most common fatal accident at construction sites nationwide, according to statistics from the U.S. Department of Labor. (And construction work is consistently one of the deadliest job categories in the United States.) For that reason, OSHA safety rules require that employers provide fall protection (such as a guardrail or a net) in any situation with a potential fall of six feet or greater, as well as a fall of any height into dangerous equipment. There are many similar safety regulations addressing other hazards, and employers may also be required to train employees on good safety practices.

When employers fail to meet these basic legal duties, workers and others can be killed in a Florida construction accident. And when that happens, victims' families have the right to sue the construction companies responsible, unless workers' compensation payments are available. In a Florida wrongful death lawsuit, families can recover medical costs, funeral bills, lost income and other costs related to the accident, as well as compensation for the sudden and irrevocable loss of the loved one's care, companionship and love. If you have lost someone to carelessness and you are considering pursuing a claim, Cohn, Smith & Cohn can help. To set up a free consultation with our attorneys, please contact us today.

The Miami Herald reports that a Miami-Dade nursing home was placed under investigation by the police and three state agencies after a pediatrician found unexplained burns on a 12-year-old resident. Doctors found second-degree burns on the hands and thigh of the girl, who has severe cerebral palsy and can't communicate. An investigator from the state Agency for Health Care Administration, which regulates nursing homes, found no evidence that the girl had been burned, the paper reported, prompting a letter from the pediatrician to Gov. Charlie Crist criticizing the investigator for "apparent lack of due diligence" and suggesting that risk to other residents in the home is high.

The AHCA, the Department of Children and Families and Florida Medical Quality Assurance Inc. were all asked to investigate, along with Miami-Dade police. Compounding the problem is the fact that the girl is very disabled and needs help to perform daily tasks. In fact, the pediatrician and investigators believe that the burns are the result of neglect rather than abuse, in part because she's not well-equipped to provoke intentional abuse. However, no caregivers at the home could explain the burns and none stepped forward to confess. State records show eight complaints of abuse or neglect of children at the home, along with 66 regarding adult residents.

Nursing home abuse and neglect is always horrifying. People disabled or vulnerable enough to need full-time care are almost always unable to fight back; many aren't even able to tell anyone about the problems. The AHCA is supposed to shut down homes that don't meet standards, but as the doctor in this story complained, the system doesn't always work as intended. That's why it's so important for families to stay vigilant when they have a loved one in assisted care. As I have written before, families can also take advantage of the AHCA's online database that collects investigations of health care facilities.

The victim in this case may be getting extra attention because she's a child, but she could just as easily have been a disabled adult. No matter who is the victim, exploiting and abusing vulnerable people placed in your care is morally and legally wrong. If you believe someone you love is a victim of nursing home abuse or neglect, you can take legal action with a Florida nursing home abuse lawsuit, regardless of whether there is any concurrent criminal case. To speak with an experienced Florida nursing home attorney about your case, please contact our firm, Cohn, Smith & Cohn, for a free consultation.

The news from our Central Florida neighbors has focused recently on a terrible Florida trucking accident that happened between a semi truck and a school bus on September 23. The truck rear-ended the school bus in Citra, near Ocala, causing both vehicles to burst into flames. The accident killed a 13-year-old girl, a middle school student on the bus. Nine other students were injured, along with the bus driver and the driver of the truck.

Importantly, the Florida Highway Patrol believes the truck driver was using a cell phone right before the accident. According to the Orlando Sentinel, the driver told the FHP he was using the phone on the day of the accident, but refused to say exactly when. Authorities told the paper that the driver will be charged with reckless driving, at a minimum, depending on whether their investigation turns up new information.

Banning the use of cell phones while driving isn't popular with everyone; only a handful of states require drivers to use hands-free headsets on the phone. But as the article notes, this accident serve as a wake-up call for Florida drivers who continue using their phones on the road. As a Florida auto accident lawyer, I see plenty of accidents that were caused by distracted driving -- using a cell phone, eating, rubbernecking and other activities that take the driver's eyes off the road. In fact, a 2006 study by the AAA and the Virginia Tech Transportation Institute found that distractions made a driver almost three times more likely to be in an accident. Phones, drowsiness, reading and eating were the most common distractions the study found.

The Governor of California signed a law banning text messages for drivers of any age in the same week that the accident occurred. California had already banned talking on the phone while driving. Those laws may be a tough sell in freedom-loving Florida, but I believe they would make our roads safer. A serious traffic accident is a life-changing event that causes death or very serious injuries, and we should do all we can to prevent them. But if you or someone you care about has already become a victim of a serious traffic crash, you should speak to us at Cohn, Smith & Cohn to discuss your rights as an accident victim and the legal options open to you. You can reach our main office at (954) 431-8100 or click here to fill out our confidential online case evaluation form.

Up in the Tampa area, a tragedy was narrowly averted when two teenagers were rescued from a house fire caused by a malfunctioning clothes dryer. Around 2:30 a.m. on Sunday, a neighbor noticed flames in the home and called firefighters, who rescued a teenage girl, a teenage boy and a cat. Fortunately, the rest of the family wasn’t home. The boy remained at Tampa General Hospital, according to the report, but the girl has been released. I am delighted that nobody was killed and wish them a speedy and full recovery.

According to the article, the fire was started when the dryer overheated because of a clogged lint screen. But it was exacerbated because the house’s smoke detectors weren’t working, making them unable to warn the teens that they were in danger. House fires are the most common type of fire in the United States, according to the American Burn Association, and faulty electronic appliances or wiring are one of the most common causes of house fires (after cooking and smoking accidents). According to the U.S. Consumer Product Safety Commission, the federal agency responsible for monitoring product defects, clothes dryer fires caused more than 15,000 fires in one year, causing 20 deaths and 370 injuries.

If it turns out that the dryer was designed or manufactured in a way that made this fire unreasonably likely, that would make it defective -- which means this family would likely have a defective product lawsuit. Of course, they and every family should have working smoke detectors -- but as minors, the teens were hardly responsible for that omission.

The article doesn’t say what injuries the teen suffered, but statistically, they’re most likely to have smoke inhalation injuries and contact burns, both of which can be serious and life-threatening injuries. Severe burns can also leave their victims disfigured, causing discrimination from thoughtless strangers and necessitating years of expensive corrective surgeries. If you or someone you love has suffered these sorts of serious injuries because of a defective product, you have the right in Florida to hold the product’s manufacturer or seller responsible for the results. Contact Cohn, Smith & Cohn for a free evaluation of your product liability case.