Injuries to Children

Companies can be liable for injured children even if parents sign waiver, Florida Supreme Court rules

February 5, 2009 | Associates and Bruce L. Scheiner

Amusement parks, festivals, daycare centers and other companies and businesses can be held responsible for injuries to children even if the parents sign a waiver, according to a recent ruling by the Florida Supreme Court.

The December 2008 ruling makes clear that such waivers are unenforceable if a lawsuit is brought seeking damages in Florida because of the injury or wrongful death of a child caused on commercial property.

Florida child injury lawyers and property and premise liability attorneys offer Floridians and visitors to the Sunshine State free professional advice to help advise them of their rights if either they or a loved one is injured or killed on someone else’s property.

While the opinion in Kirton v. Fields makes it clear the ruling only involves commercial activities, the court indicated it would not be limited to that in the future and that the ruling could apply to school and other non-profit activities in certain instances.

The ruling stems from a 2003 case in which a father took his 14-year-old son to an ATV park, signed a waiver and then sued after the child was thrown from the vehicle and killed while attempting a jump.

“Business owners owe their patrons a duty of reasonable care and to maintain a safe environment for the activity they provide,” Chief Justice Peggy Quince wrote in the majority opinion. The chief justice noted that businesses can provide insurance against injury while children who participate in such commercial activities do not have that option. “If pre-injury releases were permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed.”

Judge Harry Anstead concurred, writing that the issue comes down to whether the business was negligent, regardless of a waiver.

“Under today’s (ruling), commercial operators who properly conduct their operations and cannot be demonstrated to have acted negligently will continue to be free of liability,” Anstead wrote. “On the other hand, Florida’s children and parents need not worry, after today’s decision, that careless commercial operators may be immunized from their carelessness by the presence of an exculpatory clause in a ticket for admission.”
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Florida teen driver resources aimed at reducing car accidents in Southwest Florida

February 2, 2009 | Associates and Bruce L. Scheiner

As the evidence continues to mount about the dangers teenagers face behind the wheel, Florida car accident attorneys an personal injury and wrongful death lawyers urge parents to talk with their children and make them aware of a growing list of local resources.

Statistics consistently show that motor vehicle crashes are the leading cause of death for persons ages 15 to 24. Teen drivers ages 16 to 19 are four times likely to crash than older drivers.

And a recent insurance study reported that Fort Myers and Cape Coral was the deadliest metro area of its size nationwide for teen crashes through Christmas and New Year’s and a hotspot for teenage accidents throughout the year.

The accident rate among teen drivers in Southwest Florida is increasing — up 12.5 percent in 2006, when 233 teenagers were involved in accidents in Lee County. Toxic substances were involved in half the crashes among drivers 15 to 25.

The Florida Department of Transportation and the Department of Highway Safety and Motor Vehicles have debuted a website “Take The Wheel,” which emphasizes the risks of teen driving. Geared toward teenagers, the edgy site offers video, real-life stories and other information for teens.

It reports a teenager is injured every 55 seconds in a crash and a teen dies in a car crash every 6.5 minutes — or about a dozen times an hour.

Locally, Lee Memorial Health Systems routinely offers a free young-driver’s seminar to teenagers and/or their parents. The next course is available on Feb. 10 from 5:30 to 8:30 p.m. at Lee Memorial Hospital on Cleveland Avenue in Fort Myers. Enter through the emergency room and follow the signs to the auditorium. Those wanting more information can call Syndi Bultman (239) 336-6797.
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Southwest Florida parents warned of dangerous, defective baby cribs

January 23, 2009 | Associates and Bruce L. Scheiner

More than half a million Stork Craft Baby Cribs pose an entrapment and suffocation risk, the federal government warned this month.

Florida injury lawyers and the child injury and defective product attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers, urge parents to check their cribs to ensure infant safety.

The Consumer Product Safety Commission has instructed customers to stop using the products immediately.

The recall impacts 535,000 cribs made my Stork Craft Manufacturing Inc. and sold between May 2000 and November 2008. The cribs came in a variety of styles and finishes.

The metal support brackets holding the mattress and mattress board in place can break, causing a dangerous gap between the mattress and crib rails, according to the government.

The cribs were sold at major retailers, such as J.C. Penny, KMart and Walmart and online at Amazon.com, Babiesrus.com, Costco.com and Walmart.com the CPSC said.

Stork Craft Manufacturing’s name, address and contact information, are located on the assembly instruction sheet, which is attached to the mattress support board. Some models also have the company enscribed on the teething rail.

Customers can contact Stork Craft at (866) 361-3321 to receive a free replacement kit. The company also can be reached online at www.storkcraft.com.

The CPSC also offers general crib safety tips, which parents can find here.
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Florida motorists, parents should check child seats to prevent injury

January 19, 2009 | Associates and Bruce L. Scheiner

More than 30,000 child safety seats are being recalled this month, according to the National Highway Traffic Safety Administration, which warns the seats may fail to properly secure young passengers in the event of an auto accident.

Florida accident attorneys, defective product lawyers and child injury attorneys at Associates and Bruce L. Scheiner, Personal Injury Lawyers urge parents to check their child seats to see if they are part of the recall and to make sure they are otherwise in proper working order.

Click here to enter your zip code into a national database for the nearest location for a safety seat inspection by a qualified professional. Such inspections are available free at many fire stations and hospitals throughout Southwest Florida, including Lee County, Charlotte County and Collier County.

The current recall affects 31,392 Britax Frontier child restraint systems. The child safety seats could fail to properly secure young passengers in the event of a crash, according to the NHTSA.

“It is extremely important that parents and caregivers are aware of the recall and take action to get their child restraints repaired,” said NHTSA Acting Administrator David Kelly.

Britax is recalling the seats because the harness straps may detach from the metal yoke on the back of the child restraint if repeatedly loosened one strap at a time. Affected models include the Britax Frontier models E9L54E7, E9L54H6, E9L54H7, and E9L54M6 manufactured on or before Sept. 14, 2008 and model E9L5490 manufactured on or before Sept. 17, 2008.

Click here for more information about the recall.

The NHTSA also encourages parents and caregivers to sign-up to receive updates about child seat recalls via e-mail. The agency’s research shows that less than half of affected consumers respond to recalls.

“One of the reasons we see such a low return rate is because owners are difficult to reach if they have not registered the seat with us or the manufacturer,” said Kelly.

Consumers can sign-up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the “E-mail” or “RSS” option to register. Consumers with questions about this or any other safety recall campaign may call NHTSA’s toll-free Vehicle Safety Hotline 1-888-327-4236 (TTY: 1-800-424-9153).
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