Child Injury

Published on: June 12, 2019

What Happens When Your Child Safety Lock Isn’t Child-Proof?

Ensuring your home is a safe place for your child to grow, learn and play is incredibly important. Many parents use the help of child safety locks in order to keep their curious toddlers from harming themselves as they explore the world around them. When those locks are defective, a child’s curiosity can turn into a parent’s nightmare.

In West Virginia, this nightmare became a reality for the parents of a three year old who managed to access a drawer which contained a chef’s knife. The knife was supposed to be safely locked away but the safety lock failed to successfully keep the toddler out, causing the baby to injure her right eye so badly that she may be impaired permanently.

As previously discussed in our post “Deadly Dressers,” in Florida, and all over the U.S., manufacturers will be held liable for dangerous or defective products under products liability or products negligence law. Without the ability to hold manufacturers accountable for manufacturing defective products, consumers would be vulnerable to unsafe products and victims of empty promises from manufacturers. Consumers must be able to trust manufacturers are not selling defective products. Especially when the products are supposed to protect the lives and well-beings of innocent children.

Published on: October 8, 2018

Grocery Store Hazards

by Friedland | Carmona

Purchasing groceries from a super market comes with the an unspoken trust. We expect that the grocery store has taken proper care of the food throughout the distribution and transportation process, as has stored the food at a safe temperature inside the super market.

As a recent Pinellas Circuit Court filing reminds us, super markets are required to do much more than simply keep our food safe; they must also maintain a safe environment for all of the patrons on the premises.

Just last month, a Winn-Dixie in Miami Lakes was forced to pay more than $4.8 Million for pain, suffering, and future medical expenses to a patron that slipped and fell on an unidentified puddle of water.

Published on: August 9, 2018

The (Un)happiest Place on Earth?

by Friedland | Carmona

The Walt Disney Parks and Resorts Orlando location had more than 55 million visitors to “The Happiest Place on Earth” in 2017 alone. Formally known as Walt Disney World, the theme park has branded itself as the picture perfect getaway destination for children and families alike. Many South Florida residents consider Disney World an ideal weekend escape thanks to its proximity, yet few know of the dangers that can arise on Disney’s various properties.

The entertainment and media super-conglomerate is no stranger to personal injury claims, as Disney has negotiated settlement agreements with guests when it knew or should have known of the dangerous condition that caused a guest’s injuries. Following the horrific wrongful death of a two-year-old boy at Disney’s Seven Seas Lagoon in June of 2016, two additional lawsuits alleging Disney’s negligence were filed in Orange County Circuit Court last month.

On July 25th, a Palm Beach County resident filed a complaint against Walt Disney Parks and Resorts US Inc. The complaint alleges that Disney negligently failed to act with reasonable care for the guest’s safety. The man in question was injured in the stairwell of Disney’s All-Star Music Resort, after he slipped and fell on a wet substance.

Published on: September 6, 2017

School Zone Accidents.

by Friedland | Carmona

Back to school season is here, and while it is an exciting time for students and parents, it is also a time of major chaos on the roads. Parents battle rush hour traffic to drop off and pickup their kids at school, yellow school buses make their rounds, kids walk and bike to and from school, and new teen drivers are out on the road. Unfortunately this makes school zones, which are designed to be safe areas, a high risk for pedestrian and motor vehicle accidents.

Statistics show that approximately 25,000 children are injured each year in school zone accidents. These accidents are a combination of pedestrians being struck while walking or cycling to and from school, and vehicle on vehicle collisions. 100 children are killed every year walking to and from school. While the rate of pedestrian deaths in teens 12-19 has decreased overall over the past two decades, the number has increased in the past two years. These statistics are alarming considering the fact that school zones are designed to make commuting to and from school safer for students.

Many school zones attempt to enforce safety by creating cross walks with signs and flashing lights, designating drop off and pickup areas for parents and school buses, and by imposing speed limits. Violating any laws accompanying these precautions often carry heavy fines. So, why are more and more accidents occurring in school zones

Published on: March 21, 2017

How serious is your child’s head injury?

by Friedland | Carmona

According to the U.S. Center for Disease Control, sports are second only to motor vehicle crashes as the leading cause of concussions for people between 15 and 24 years old, and the number of concussions is on the rise. Parents, schools, day care centers, and sports coaches better understanding the serious long term risks that come with brain injuries and being more likely to seek medical attention after head injuries. To avoid injuries, adults can not just pa attention to what happens on a sports field, but also keep children from getting hurt in backyards, on playgrounds, in parks and at school.

Recognizing the dangers and the signs of serious brain injuries is important. While head injuries are common and usually minor, some children– including those that appear to be well immediately after the head trauma actually have more severe injuries. These children are at risk for their condition to deteriorate or also suffer significant chronic complications that stem from that injury. In fact, despite better initial recognition of brain injuries, many adults underestimate how much recovery time is necessary after a suspected concussion, or the children themselves say they feel fine and ask to return to normal activities.

Published on: February 15, 2017

How safe is that ride?

by Friedland | Carmona

Many of us have great memories of amusement parks from our childhood. Family trips to amusement and water parks are a favorite American summer past time. The rides and attractions provide thrilling experiences that we can share with friends and family. Most of us will never have the chance to live out the adventures amusement rides and attractions offer us like enter a cartoon universe, fly to the moon, drive a race car, explore a haunted mansion, experience zero-gravity or spin around in teacups.

Unfortunately, while we trust amusement park operators to create these experiences for us in a safe environment , sometimes they fail.

Published on: October 28, 2016

Bicycles, Beaches and Busy Streets

by Friedland | Carmona

Miami and the surrounding areas are known as very active flourishing communities in many ways. One thing all of these areas have in common are avid bike riders. Many members of the community choose biking as their favorite past time, a more efficient form of transportation, or a way to preserve the environment. This all sounds like a great trait for a community until you look at the number of bicycle riders injured or killed yearly in the Miami-Dade and surrounding areas due to negligent drivers.

It is important to note that bicyclist have many responsibilities when riding on public roads, however if you are injured in a bicycle accident or hit by a motorist your injuries you may have a claim for damages from the party that injured you. These tragic accidents can result in a daily struggle to recover. Sadly, many times these accidents are fatal and the families of the riders must move forward without their loved one and manage the loss of income, support, and services the family member was previously capable of providing to the household.

If you or a loved one is involved in an accident involving a bicycle it is important to contact an experienced bicycle injury attorney as soon as possible. Your attorney will be able to evaluate the liability among all of the parties and guide you to the solution that will result in the greatest remedy for your situation. A family member that becomes disabled or injured will never be replaced with any monetary award however, these remedies will help in the transition for the rest of the family in managing their new daily way of living.

Published on: October 24, 2016

Need a Lyft or an Uber?

by Friedland | Carmona

Uber and Lyft have increasingly become a streamlined part of everyday life for a majority of people looking for an inexpensive and convenient way to get around. Uber has over 15.6 million users a month in the United States and is a prominent transportation option for most of us who live in the Miami-Dade, Hollywood, Fort Lauderdale and other surrounding areas.Uber and Lyft are helpful and convenient but what happens when your ride doesn’t go as smoothly as planned? Both ridesharing companies employee the general public to use their own vehicles in conjunction with the Uber or Lyft platform to transport passengers and make a little extra money. Uber and Lyft operate a service that puts every customer in the car of someone they do not know. So, when there is a car accident and an Uber or Lyft customer is in the car during the accident what can they do?
Many people are surprised to hear that Uber and Lyft both provide additional insurance to their drivers. The companies require their drivers to carry specific insurance based on the type and frequency of services they plan to provide and based on the car they own. Additionally Uber provides $1 million of liability coverage per incident, $1 million of uninsured/underinsured insurance, comprehensive and collision insurance, no-fault coverage is provided in some states and coverage for bodily injury up to $50,000/individual/accident with a total of $100,000/accident and up to $25,000 for property damage.
It is very important to understand the urgency in reporting and filing your claim because there are limitations on how much time you have to take action before the opportunity expires. Contact the auto accident and personal injury attorneys at the Friedland | Carmona today to ensure you are properly cared for and potentially compensated for your accident.

Published on: October 12, 2016

Deadly Dressers

by Friedland | Carmona

Dressers leading to the death of small children sounds like a bad horror film. However, this unfortunate series of events has been a reality for at least three families so far. Sold in several small pieces requiring extensive instruction and a bit of time are the typical furnishings purchased from the Swedish company, IKEA.

IKEA is a leading furniture seller across the world and valued itself at over 11 billion dollars in 2012.¹ IKEA has been aware of the danger posed by the dressers and made a first attempt to remedy the defect by providing kits to every purchaser of the dressers with instructions to secure the dressers to the walls where they will stand. Unfortunately, this did not solve the problem and another infant death followed. After tragedy struck again IKEA made the decision to recall the dressers. The IKEA website describes the recall as follows.

The recall affects children’s chests and dressers taller than 23.5 inches and adult chests and dressers taller than 29.5 inches … manufactured and sold through June 2016 and include the 3-drawer, 4-drawer, 5-drawer and 6-drawer models. Other IKEA chests and dressers in this recall were sold at various times through June 2016.”

Published on: September 9, 2016

Advocating for Your Injured Child

by Friedland | Carmona

Sometimes a very unfortunate event affects those who cannot advocate for themselves because they are under the age of 18. If your child is injured on a playground, in a car accident, in a bicycle accident, at a store or in any way that results in a physical injury to your child and is someone else’s fault, you as their parent have the ability to bring a lawsuit on their behalf.

Children have the same access to remedies for harm to them as adults do and as their parents, you also have a right to recover medical expenses you incur while tending to the needs of your injured child.

Children have special rules in court. Some of these exceptions are: