South Florida Injury Attorney Blog

The mother of a high school football player who died during pre-season practice last summer announced her intention to file a lawsuit against the school system. She alleges that the school and its athletic department failed to adequately protect its players against heat-related injuries. Changes to the rules governing summer practices may help prevent future incidents in Florida high school football, but heat stroke and other injuries remain a serious problem for athletes around the country.

Isaiah Laurencin played in the offensive line of Miramar High School’s football team. The 16 year-old was 6-feet-3-inches tall, weighed 286 pounds, and had reportedly drawn the attention of college scouts. He collapsed on the field during conditioning drills at about 5:00 p.m. on Tuesday, July 26, 2011. Doctors pronounced him dead at the hospital the following morning. The medical examiner ruled Laurencin’s death “natural,” saying it resulted from sickle cell trait anemia, which caused cardiac arrest due to physical exertion. Sickle cell anemia can cause heightened sensitivity to heat, and therefore higher susceptibility to heat stroke. Laurencin also reportedly suffered from asthma and hypertension.

Continue reading "Lawsuit Planned Against Broward County School System Over High School Football Player's Death" »

A Wisconsin court dismissed a boy’s lawsuit for damages sustained while playing paintball, when a boy on the opposing team allegedly shot him in the eye during a break in play. In Houston v. Freese, the Wisconsin Court of Appeals for the Third District held that state law precluded a claim for negligence because paintball is considered a “contact sport.” The law instead imposes a standard of recklessness, which the court held was not demonstrated in this case. Sports injuries occurring during game play have long presented challenges to attorneys, who must prove that an injury resulted from something other than ordinary game play.

Plaintiff Jett Houston and Defendant Alex Freese, both minors, went to a friend’s house in July 2008 to play paintball. Their hosts, Jacob Stelter and his older brother Kyle, had set up a paintball course near their home. Kyle, an experienced player, instructed the eight participants in the rules of the game, safety equipment, and safety procedures. All of the boys had protective masks, with attached goggles, to shield their faces and eyes from paint pellets. Kyle instructed the boys to wear their helmets at all times in the game area, even if they had been eliminated from play.

Continue reading "Court Dismisses Personal Injury Claim Arising from Paintball Game" »

A federal judge in Miami has dismissed multiple claims without prejudice in a putative class action lawsuit against two football helmet manufacturers. The claim was filed by a father who purchased the defendants’ helmets for his two sons, both of whom are high school football players. Concern over injuries to youth in sports, particularly traumatic brain injuries and spinal cord injuries, has led to closer scrutiny of athletic equipment and more claims for damages when equipment malfunctions or defects cause injuries to players.

Most lawsuits rely on the legal theory of products liability, which holds the manufacturer or distributor of a faulty or defective product liable for damages caused by the product. In this case, the plaintiff pleaded breaches of contract and warranty, as well as violations of consumer protection statutes. The court found that he did not plead his claims with sufficient substance, but gave him until July 20 to amend the complaint.

Frank Enriquez filed suit against Easton-Bell Sports, Inc. (EBSI) and Riddell, Inc. in February 2012 over the line of football helmets known as Revolution Helmets. He states in his amended complaint that the defendants marketed the helmets as offering greater protection against concussions in young players, claiming a thirty-one percent reduction in the likelihood of concussion in athletes that used Revolution Helmets.

Continue reading "Miami Court Dismisses Consumer Claims Against Football Helmet Manufacturers" »

A national health care advocacy organization, the Trust for America’s Health (TFAH), recently released a report on injury-related deaths in all fifty states and the District of Columbia, entitled “The Facts Hurt: A State-By-State Injury Prevention Policy Report.” TFAH identified ten “key indicators” of injury prevention in state laws and regulations. The study ranked the states and D.C. based on the number of key indicators present, and it also ranked them based on the rate of deaths per 100,000 people. Florida ranked near the middle on both scales, with only six of the ten key indicators. The state’s annual rate of 66.8 injury-related deaths gives it the eighteenth-highest rate in the country.

Injuries account for over 180,000 deaths each year, according to the study. Among people between the ages of one and forty-four years, injuries are the leading cause of death. Injuries account for nearly 90,000 deaths in that age group, compared to 50,000 for non-communicable disease and less than 10,000 for communicable disease. The study divides injuries into categories, including falls, blunt force injuries, gunshot wounds, cuts or puncture wounds, burns, poisoning, vehicular injuries, and drowning or suffocation. In all, the lifetime costs of injuries, which includes not only immediately medical expenses but also the ongoing cost of care, lost income, and lost productivity, exceed $406 billion per year.

New Mexico has the highest overall injury-related death rate, according to TFAH, with 97.8 deaths per 100,000. New Jersey has the lowest rate at 36.1. Florida is just behind Colorado’s 67.8 and ahead of North Carolina’s 66. TFAH states in its report that it cannot say with certainty why one state has a lower or higher injury-related death rate than another state, but that its list of “key indicators” can offer states guidance on how to effectively prevent injuries.

Continue reading "Florida Receives Average Score in Advocacy Group's Injury Prevention Ranking" »

Whilst doing research on sports injuries I stumbled across this article whereabouts a 12 year old girl Nicole was injured whilst playing basketball. The article stated that apparently during basketball practice, Nicole was shooting the ball when a defender tried aggressively to block her shot. The two players made contact, and Nicole hit the floor headfirst. “The way she was hit took her whole body out from under her, and she landed directly on her head,” said her mother, “We immediately knew this was serious as she was very confused and looking at people like she didn’t know who they were.”

Paramedics were called to the scene and she was taken to the hospital for observation. At the hospital, doctors diagnosed a minor concussion —an increasingly common injury in basketball, particularly among minors, yet one that has yet to gain widespread attention. In fact, Nicole's mom said, she knew enough to worry about concussions — she also stated that even though Nicole played soccer more than basketball she worries more about the latter sport as the chances for broken bones and other injuries can occur being that it is a hard floor as the physical contact of basketball similar to that of football except that its indoors.

Injuries on basketball courts are common across South Florida from Sunrise, Plantation, Miramar, Coral Springs and Aventura, some are serious to warrant hospitalization and observation at a hospital or some maybe minor not requiring medical attention, although we always advise to visit your medica practioner to ensure that the injury in not serious. Also it allows you to keep record of your injury if you do eventually decide to file a claim. Practicing law in Fort Lauderdale and representing victims of sports injuries I always recommend to parents and victims that it does not matter how serious the injury you should always seek advice from an experienced sports injury attorney.

Should you or a loved one be the victim of a sports injury, always seeks legal counsel to ensure you know your rights and you are compensated for your damages. Contact us online or call at 954 431 8100 or 305 624 9186 to set up a FREE consultation to see legal counsel.

Recently, I read an article in one of the Sunrise local newspapers and found it to be a good idea for a blog entry. The article covered spectator injuries that can occur while watching sport games at local parks.

Mr. Sanchez, an enthusiastic dad, was waiting for his son to complete a batting practice session at a park in Sunrise, when he was hit in the eye with a stray ball while he stood at an open gate near a fence surrounding the baseball field. Paramedics were called to the park and he was taken to the hospital for the eye injury and was admitted for observation. He was eventually released, and was planning on filing a claim against the City for the damages, medical bills and loss of wages that he incurred from this injury.

In the State of Florida, if you are injured at any recreational park in any of the various cities, in order to be able to file a claim against local authorities or a city entity, paramedics have to be called out and the injured person has to be taken by ambulance to a local hospital.

There is always risk to be taken into consideration when attending sporting activities and one should always seek legal counsel from an experienced personal injury attorney to ensure that you know your rights and the responsibility of the public parks or recreation centers.

Attorney Alan Cohn has been representing victims of this and other types of injuries both in and out of the courtroom for years. His experience will help you recover for your injuries and get you back on your feet. Cohn, Smith & Cohen have offices conveniently located in Broward, Miami-Dade and West Palm Beach and has successfully represented seriously injured individuals throughout the cities of Broward County such as Sunrise, Plantation, Davie, Cooper City, Miramar, Pembroke Pines, Coral Springs, Weston, Tamarac and Margate. Contact our office for a free consultation.