Injuries to Children

Expectant Mothers Face High Risk of U.S. Birth Injuries

August 3, 2023 | Associates and Bruce L. Scheiner

It comes as a surprise to few people that the U.S. healthcare industry is a mess. But the unacceptably high risk of birth injuries to infants and mothers has become a national embarrassment.

Most Recently, Florida Atlantic University reports that, while infant mortality rates have fallen, the number of low-birth-weight and preterm births has actually risen in recent years.

And the New York Times recently published an exhaustive study that found even wealthy black children and mothers face significantly higher risks. Our birth injury lawyers in Fort Myers and Cape Coral also note that the risks of all mothers and newborns is highest in the days after they return home. The Times investigation found that deaths among pregnant and new mothers rose sharply during the pandemic.

“Maternal health is widely seen as a key indicator of a society’s overall well-being. Even before the pandemic hit, the United States was the most dangerous place in the industrialized world to have a baby, with the greatest risks concentrated in Black and Native American communities,” The Times reported.

Graduation Safety a Focus in SWFL

April 26, 2021 | Associates and Bruce L. Scheiner

Graduation season is upon us. Congratulations to each of the high school and college graduates in Southwest Florida.

Our injury lawyers in Fort Myers and Cape Coral know this is a joyous season full of pride, recognition and personal growth. But it is also a time of needless heartache and tragedy for families forced each year to deal with the serious or fatal injury of a loved one so full of life and promise.

The inherent risks of the season usually involve either graduation celebrations or road accidents involving teenagers. However, there is much parents and teens can do to help reduce the risks of being involved in a life-altering “accident.”

Spring Break Injuries in Southwest Florida

February 27, 2021 | Associates and Bruce L. Scheiner

Spring break season is upon us and Southwest Florida is expected to be a popular destination despite the ongoing coronavirus restrictions.

In fact, Lee and Collier counties could see more guests than usual, thanks to international travel restrictions related to COVID-19 and guests looking for a “quieter” destination along Florida’s more than 1,000 miles of coastline.

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Back-to-School Injury Risks in SWFL

August 10, 2020 | Associates and Bruce L. Scheiner

Amid so much uncertainty, one thing is certain: This Back-to-School season will be unlike any other in history.

The Lee County School District has ordered teachers to report Aug. 18, with the first day of in-person, face-to-face instruction scheduled for Aug. 31. Schools in Charlotte and Collier counties also plan to open to students on Monday Aug. 31.

While concerns about COVID abound, our injury lawyers in Fort Myers and Cape Coral know the normal risks of child injury remain acute at this time of year, and in some ways COVID may make traditional risks, like bicycle and pedestrian accidents, even more of a concern.

Legal Changes Impact Fireworks Safety in Southwest Florida

July 1, 2020 | Associates and Bruce L. Scheiner

New fireworks laws, combined with COVID restrictions, are expected to increase the risks of fireworks injuries in Southwest Florida as we head into the Fourth of July weekend.

Florida Senate Bill 140 was among the 100 new laws that hit the books on July 1, according to the Miami Herald. The bill permits private citizens to set off fireworks in Florida on July 4, New Year’s Eve and New Year’s Day.

The Palm Beach Posts reports record fireworks sales as many municipalities cancel or curtail fireworks celebrations in response to the COVID pandemic. Channel 10 News in Tampa reports authorities are bracing for an increasing number of injuries.

Child Injuries in Focus after Criticism of Major Booster-Seat Maker

February 15, 2020 | Associates and Bruce L. Scheiner

One of the nation’s largest manufacturers of car booster seats is under fire amid allegations it put profits ahead of critical child safety issues.

ProPublica reports that a Congressional subcommittee is opening an investigation to consider whether the company violated the law. The news agency reported earlier this month the results of an investigation that found Evenflo marketed its child car booster seats as side-impact tested, even though company testing had revealed that children using the seats in a side-impact collision could be paralyzed or killed.

Evenflo’s top-selling Big Kid booster seat is marketed for use by older children who are not yet ready for an adult seat and seatbelt. Evenflo, a subsidiary of China-based Goodbaby International Holdings Ltd., has sold more than 18 million Big Kid boosters. Six other carseat makers currently sell their booster seats for children as small as 30 pounds.

Liability for Gun Violence in SWFL

May 23, 2019 | Associates and Bruce L. Scheiner

NBC2 reports a man recently fired a gun at another driver in a road-rage incident after being brake-checked near Six Mile Cypress and Daniels parkways.

Meanwhile, Florida lawmakers have passed a measure that would allow teachers to carry firearms in the classroom. While our Fort Myers wrongful death lawyers recognize the rights of millions of responsible gun owners, we are often asked about liability in the wake of an accidental or intentional shooting.

In many cases, there may be a path to financial recovery for victims and their families, although those victimized by unintentional shooting may stand the best chance of collecting from an at-fault party’s insurance company.

New CPSC Toy Report: 240,000 Toy-Related Injuries, 7 Deaths in 2016

November 30, 2017 | Associates and Bruce L. Scheiner

As the holidays approach, the demand for new toys will be high, both in stores and online. Buyers must be cautious when purchasing items to make sure they are following the manufacturer’s age recommendations and that they stay tuned to any reports of injuries or news of a potential toy recall.

The U.S. Consumer Product Safety Commission (CPSC) recently issued its annual Toy-Related Deaths and Injuries report for 2016, revealing that last year, there were a total of 240,000 emergency department trips spurred by dangerous or defective toys. That doesn’t represent a significant statistical trend

While not every toy-related injury is cause for a personal injury lawsuit, if plaintiff can show the product was unreasonably dangerous or defectively designed or defectively manufactured, there may be grounds for legal action. Serious injuries can occur when toys are made cheaply, with toxic materials or sold with inadequate warnings. Defendants in these cases can include anyone in the chain of distribution – from the product designer to its manufacturer to its distributor. Continue reading ›

Premises Liability Case Involving Injury to Young Boy Will Proceed, Court Rules

October 15, 2017 | Associates and Bruce L. Scheiner

In Florida, property owners are generally liable for dangerous conditions that are not obvious and cause harm to those who are lawfully present. There are varying degrees of a property owner’s responsibility in this area of law – known as premises liability – depending on the status of the individual who was hurt. For example, someone who is invited onto the property for the financial benefit of the property owner is owed a higher duty of care than someone who is trespassing.

In most cases, trespassers are not owed any duty of care, except that property owners can’t intentionally harm them or set traps. When it comes to children, though, the standards are different. Children are generally owed a greater duty of care than adults in the same situation, and this is true also when children are trespassing. The doctrine of attractive nuisance, for example, holds that if property owners maintain dangerous conditions likely to attract young children to the site, the property owner must be sensitive to that potential danger (which a child may not appreciate) by posting a warning or taking some other affirmative steps to protect children from that danger.

Recently in Minnesota, the state supreme court there considered property owner liability in the case where a 4-year-old boy nearly drowned in the Mississippi River and suffered severe and permanent brain damage. Continue reading ›

Plaintiff in Child Injury Lawsuit May Proceed with Claim, Appeals Court Rules

May 10, 2017 | Associates and Bruce L. Scheiner

Summer is on the horizon, which means many families will have more free time to explore the outdoors, taking advantage of Florida’s many parks, campgrounds and beaches.

However, there is something important visitors – including locals and tourists – need to understand about the risk they are assuming when venturing onto these sites for recreation. Florida’s recreational use statute, F.S. 375.251, limits liability of property owners who make public certain areas for recreational use without charging them. The purpose is to encourage those who own land, water and park areas to make those sites available to the public for outdoor recreation by limiting the owners’ liability for persons injured on those sites.

Essentially, visitors to these sites can’t make the presumption that any of these recreational areas are safe for any purpose. The property owner doesn’t owe a duty of care to the people who go to that area, and he or she won’t be liable or responsible for any injuries to people who visit the site. The only real exception to this is liability for deliberate, willful or malicious injury to persons on the property – and that is a difficult assertion to make. Continue reading ›